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Article 1. Commencement of Term - California Penal Code Section 2900.5

Legal Research Home > California Laws > Penal Code > Article 1. Commencement of Term - California Penal Code Section 2900.5

2900.5.  (a) In all felony and misdemeanor convictions, either by
plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential
institution, all days of custody of the defendant, including days
served as a condition of probation in compliance with a court order,
credited to the period of confinement pursuant to Section 4019, and
days served in home detention pursuant to Section 1203.016 or
1203.018, shall be credited upon his or her term of imprisonment, or
credited to any fine, including, but not limited to, base fines, on a
proportional basis, that may be imposed, at the rate of not less
than thirty dollars ($30) per day, or more, in the discretion of the
court imposing the sentence. If the total number of days in custody
exceeds the number of days of the term of imprisonment to be imposed,
the entire term of imprisonment shall be deemed to have been served.
In any case where the court has imposed both a prison or jail term
of imprisonment and a fine, any days to be credited to the defendant
shall first be applied to the term of imprisonment imposed, and
thereafter the remaining days, if any, shall be applied to the fine,
including, but not limited to, base fines, on a proportional basis.
   (b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
   (c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
   (d) It is the duty of the court imposing the sentence to determine
the date or dates of any admission to, and release from, custody
prior to sentencing and the total number of days to be credited
pursuant to this section. The total number of days to be credited
shall be contained in the abstract of judgment provided for in
Section 1213.
   (e) It is the duty of any agency to which a person is committed to
apply the credit provided for in this section for the period between
the date of sentencing and the date the person is delivered to the
agency.
   (f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
imprisonment in a county jail, the time spent in these facilities or
programs shall qualify as mandatory time in jail.
   (g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, this section does
not authorize the sentencing of convicted offenders to any of the
facilities or programs mentioned herein.
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Last modified: February 16, 2015