YES, the court can retroactively apply conduct credit for actual custody time spent if you were not convicted, or previously convicted, of a serious or violent felony and do not have to register as a sex offender.
When someone is charged with a crime and spent time in jail during the trial, this presentence time spent in custody is counted towards their actual sentence. Additionally, conduct credit (good-time/work-time credits) is also awarded to prisoners that have spent time in custody. Because of this, they are entitled to serving less days in jail than their actual sentence time.
The California Court of Appeal recently decided in the case of Brown that prisoners who have spent time in custody prior to the enactment of the recent legislation under California Penal Code Section 4019 are awarded credit twice the previous rate. Brown was convicted of selling methamphetamines and spent 62 days in actual custody and the court awarded him 30 days in conduct credit. A recent bill was passed, which took effect after Brown was convicted, which doubled the conduct and work credit from one-half to equal what the presentence confinement was. Section 4019 was amended by State Bill 18 which stated that a “defendant would be entitled to two days of conduct credit for every two days of actual custody” if they were not convicted, or previously convicted, of a serious or violent felony and do not have to register as a sex offender. The Court decided that the bill retroactively applied to Brown and awarded him a new credit of 62 days of presentence confinement and 62 days of conduct credit.
Cases like Brown illustrate the need to hire an attorney who is not only knowledgeable on the law but is also knowledgeable about recent legislation that affects the law, and possibly your case and rights. Because legislation is constantly changing the complex nature of criminal law, you need a lawyer with the requisite knowledge, skill, and experience like the lawyers at The Law Offices of Michael S. Carrillo. The Law Offices of Michael S. Carrillo can offer you a free consultation to discuss your case. Call us today for that consultation at (626) 799-9375.