Is there a new law that lowers prison time from 50%to35%? Does it apply to inmates serving state time in a county jail?

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My husband was arrested on February 15, 2014. He was sentenced to 5 years with half time. He is serving 2 1/2 years state time in a county jail. Would the 35% law apply in his case? And would work time credits be included in this time? Thanks in advance..

Attorney Answers

4
David Kestenbaum ·
The 50% is due to good time work time credits. If they told him 50%, it means it was not a strike so he will do 21/2 years with credits for any pre sentence credits.
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Robert Marshall ·
There is no such thing as "serving state time in a county jail." You are apparently confused by the changes made by AB109, which mandates that sentences for some felonies are served in county jail, not state prison. Due to prison overcrowding, the California Department of Corrections and Rehabilitation is being given discretion to grant additional credits to some inmates, which could speed up release time. However, that would apply to state prison sentences, not county jail felony sentences under Penal Code §1170(h).
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Greg Hill ·
Is there some new law that lowers prison time as you describe? No, no, no. As Mr. Marshall pointed out, your question is difficult to understand. There is no such thing as serving "state time in a county jail," and in this may be the source of your confusion. You husband will serve a maximum of 2.5 years if he behaves in jail and makes himself available for work there. He may be released even earlier, depending upon jail occupancy rates and many other factors, but his is not guaranteed and it is certainly not provided for by statute..
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Erin Kirkpatrick ·
Seems like there is always that rumor regarding 35% but it is not correct. He will do 1/2 of the 5 years which is the 2 1/2 years. That 2 1/2 years is in regards to all work time credits. He also has a chance of getting federally released if the jail is overcrowded.
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