Jail != Jail?????

[joe134]

What is the name of your state? CA

Can anyone tell me what CA Penal Code 2900.5 means?? It appears to me that mandatory "jail" actually isn't jail...you can get probation to count towards that or work or a lot of other things. Please be true!

Here's a link: http://72.14.207.104/search?q=cache:hHdQ0RZ-p8oJ:www.mayolawclinic.com/cases/documents/PvJohnsonCSC8-19-02.pdf+california+2900.5&hl=en&gl=us&ct=clnk&cd=4&client=firefox-a

 

[seniorjudge]

What is the name of your state? CA

Can anyone tell me what CA Penal Code 2900.5 means?? It appears to me that mandatory "jail" actually isn't jail...you can get probation to count towards that or work or a lot of other things. Please be true!

Here's a link: http://72.14.207.104/search?q=cache:hHdQ0RZ-p8oJ:www.mayolawclinic.com/cases/documents/PvJohnsonCSC8-19-02.pdf+california+2900.5&hl=en&gl=us&ct=clnk&cd=4&client=firefox-a

Exercising its discretion, the trial court determined that imposing the maximum term for defendant’s crime of residential burglary and conditioning probation on a waiver of section 2900.5 custody credits was necessary to provide defendant with sufficient incentive to comply with the other terms of probation and to successfully complete the rehabilitation program. Defendant makes no claim that, as a result of the waiver condition, the total time he will be required to spend in custody before sentencing and as a condition of probation will exceed the maximum term statutorily authorized for the crime he committed. Under these circumstances, we conclude that defendant has failed to show that the custody credit waiver condition was invalid, and we further conclude that the state prison sentence the trial court imposed, for the maximum term authorized by law, was a valid sentence and was not rendered unlawful by defendant’s waiver of custody credits. 4We disapprove Tran, supra, 78 Cal.App.4th 383, to the extent it is inconsistent with our conclusion here.



Looks like the defendant got the max even though he served some time on probation also. This doesn't look like a defendant-friendly decision to me.

 

[garrula lingua]

2900.5 just involves credit of jail time.

Why do you ask ?

Did you 'waive' back time ? or did you serve time which was beyond the sentence ?

 

[Waterloofun]

Response

What is the name of your state? CA

Can anyone tell me what CA Penal Code 2900.5 means?? It appears to me that mandatory "jail" actually isn't jail...you can get probation to count towards that or work or a lot of other things. Please be true!

Here's a link: http://72.14.207.104/search?q=cache:hHdQ0RZ-p8oJ:www.mayolawclinic.com/cases/documents/PvJohnsonCSC8-19-02.pdf+california+2900.5&hl=en&gl=us&ct=clnk&cd=4&client=firefox-a

What the state does is sentence you to prison. Your prison time doesn't count until you reach state custody. You are placed in the custody of the county in which the offense was committed in until room is available at Turning Point. When your number is called, more or less, at Turning Point, and the state transfers you there, you sentence will have started. It's a custody issue more or less. The time you spend in county jail awaiting transportation does not count towards anything at all. You have been remanded to the custody of the state and allowed to serve time at Turning Point. While in county jail, you are not in the custody of the state to say, you are still in the custody of the county. When you are transferred to a state owned facility is when you are considered in the custody of the state and can begin your sentencing.