Legal Question in Criminal Law in California

Re: Half time?

Your husband was receiving one third time credit before he went to dvi. This means for every day he serves he gets credit for that day plus credit for another one-third of a day. So 6 days equals 9 days served. Therefore from February 7 thru 13, he received 9 days credit. In January he received approximately 7 days credit for the five days he served.

Your husband does not get start getting day for day credit until he is transported to the institution he will serve the remainder of his time and he starts working at that institution. This is subject to certain exceptions such as: school, trustee time, etc.

When he goes to dvi he starts getting half time credits. This means for every day he serves he gets credit for that day plus credit for another half day. While at dvi he will continue to get half time credit. He will be there approximately 30 to 90 days.

After he leaves dvi and is transported to the institution where he will serve the remainder of his time, he will start getting day for day credit. This means for every day served he will get credit for that day plus another full day.

So the way to calculate this is from March 18 to May 5th is approximately 60 days. He receives credit for an additional one third of his time and so 60 days will count as 90 days. 16 months is approximately 480 days. Subtract the 90 days from the 480 days and you have approximately 390 days left. Then subtract the 9 days for the time in February and another 7 days for the 5 days in January. You are down to approximately 374 days remaining.

Since I am not sure how long he will spend at dvi it is difficult to determine and accurate complete count of days. However, generally on a 16 month sentence he will serve approximately 9 to 10 full months from date of sentencing.

However, this is subject to the violation he was sent to prison on, not being a strike. If the violation qualifies as a strike it changes everything and he must serve at least 85% of his full sentence and he will not receive good time credit. I hope the information helps. Good luck