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California Penal Code Section 667.5

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667.5.  Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
   (a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
   (b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail under subdivision (h) of Section 1170 is imposed or
is not suspended, in addition and consecutive to any other sentence
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term imposed under subdivision
(h) of Section 1170 or when sentence is not suspended for any felony;
provided that no additional term shall be imposed under this
subdivision for any prison term or county jail term imposed under
subdivision (h) of Section 1170 or when sentence is not suspended
prior to a period of five years in which the defendant remained free
of both the commission of an offense which results in a felony
conviction, and prison custody or the imposition of a term of jail
custody imposed under subdivision (h) of Section 1170 or any felony
sentence that is not suspended. A term imposed under the provisions
of paragraph (5) of subdivision (h) of Section 1170, wherein a
portion of the term is suspended by the court to allow mandatory
supervision, shall qualify as a prior county jail term for the
purposes of the one-year enhancement.
   (c) For the purpose of this section, "violent felony" shall mean
any of the following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (4) Sodomy as defined in subdivision (c) or (d) of Section 286.
   (5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
   (6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
   (9) Any robbery.
   (10) Arson, in violation of subdivision (a) or (b) of Section 451.
   (11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
   (12) Attempted murder.
   (13) A violation of Section 18745, 18750, or 18755.
   (14) Kidnapping.
   (15) Assault with the intent to commit a specified felony, in
violation of Section 220.
   (16) Continuous sexual abuse of a child, in violation of Section
288.5.
   (17) Carjacking, as defined in subdivision (a) of Section 215.
   (18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
   (20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
   (21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
   (22) Any violation of Section 12022.53.
   (23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
   (d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody, including any period of mandatory
supervision, or until release on parole or postrelease community
supervision, whichever first occurs, including any time during which
the defendant remains subject to reimprisonment or custody in county
jail for escape from custody or is reimprisoned on revocation of
parole or postrelease community supervision. The additional penalties
provided for prior prison terms shall not be imposed unless they are
charged and admitted or found true in the action for the new
offense.
   (e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison or in county jail under
subdivision (h) of Section 1170.
   (f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison or in
county jail under subdivision (h) of Section 1170 if the defendant
served one year or more in prison for the offense in the other
jurisdiction. A prior conviction of a particular felony shall include
a conviction in another jurisdiction for an offense which includes
all of the elements of the particular felony as defined under
California law if the defendant served one year or more in prison for
the offense in the other jurisdiction.
   (g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
   (h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
   (i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
   (j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Secretary of Corrections and
Rehabilitation is incarcerated at a facility operated by the
Division of Juvenile Justice, that incarceration shall be deemed to
be a term served in state prison.
   (k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
   (2) This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.


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Last modified: March 17, 2014