2011 Criminal Justice Realignment Act ... - California Courts

6. Is there a limit to the length of time a court may sentence a person to county
jail under section 1170(h)?
No. Nothing in the realignment legislation limits the length of the county jail commitment.
The only restrictions on the eligibility for a county jail commitment are based on the offense
or the offender’s record. See Answer 2(b), above.
7. How does criminal justice realignment change awarding of custody credits?
Effective October 1, 2011, section 4019 has been amended to provide that most inmates
committed to county jail are to receive a total of four days of credit for every two days of
actual time served. The provisions apply to persons serving a sentence of four or more days,
including misdemeanor sentences, a term in jail imposed as a condition of probation in a
felony case, pre-sentence credit for most persons sentenced to state prison, persons serving
jail custody for violation of state parole or postrelease community supervision, and persons
serving a sentence imposed under section 1170(h).
8. When do the changes to custody credits apply?
The changes to custody credits apply to offenses committed on or after October 1, 2011.
9. Is there any period of automatic parole for an inmate upon release from county
jail on a felony conviction sentenced under section 1170(h)?
No. Persons sentenced under section 1170(h) to county jail are not released to parole or
postrelease supervision (PRCS) upon serving their term—unlike those who serve time in
state prison. Once the sentence has been fully served, the defendant must be released without
any restrictions or supervision. A form of supervision, however, can be created as part of the
defendant's sentence under section 1170(h)(5)(B); see Answer 10, below.
10. What is the meaning of section 1170(h)(5)?
Section 1170(h)(5) gives the sentencing judge discretion to impose two types of sentences to
county jail. The court may commit the defendant to county jail for the straight term allowed
by law. (§ 1170(h)(5)(A).) With this alternative, the defendant will serve the computed term
in custody, less conduct credits, then be released without restriction. With the second
alternative, the court may send the defendant to county jail for the computed term, but
suspend a concluding portion of the term. (§ 1170(h)(5)(B).) During this time the defendant
will be supervised by the county probation officer in accordance with the terms, conditions
and procedures generally applicable to persons placed on probation. If the court chooses to
impose the supervision period, the defendant's participation is mandatory. Like the straight
sentence, once the custody and supervision term has been served, the defendant is free of any
restrictions or supervision. These sentences are called "split" or "blended" sentences because
they generally are composed of a mixture of custody and mandatory supervision time.
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