Legal Question in Criminal Law in California

Will only serve half of sentence?...

Dear Law Guru,

I am confused about sentencing in CA

Courts and hoped that you might be able to shed some light.

If an individual accepts a Plea Bargain, and agrees to a term of 6 yrs to be served in the State Prison, why will they not be made to serve the 6 yrs?

The Plea Bargain was accepted by the defendant, due to their having knowledge that of this 6 yrs, they would actually only be required to serve about half (as was affirmed by their Atty)

It was even stated in the newspaper articles as: "DefendantX...Sentenced to 6 yrs", or "DefendantX...pleads guilty to...and receives 6 yr sentence".

If indeed a person will only be required to do half of the time-and this is common knowledge, why then, do they not say...

"DefendantX... will serve a 3 yr term in

Prison?

Also is there a "standard" allowance given to prisoners within the CA Correctional Institutions, for "good time" credits, making them eligible for early release?

Who determines when an inmate is entitled to be released, earlier than the sentence imposed by the Court?

Is it up to the Correctional Facility, or is it up to the Judge...or who decides?

~Thank You~


Asked on 10/06/00, 6:01 am

1 Answer from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Will only serve half of sentence?...

The Department of Corrections is allowed to apply certain good time and work time credits to eligible inmates, the structure of these credits is getting increasingly complicated,,but in general, if an inmate is behaving he is entitled to 1/3 reduction of sentence, and if he is performing in jobs he is entitled to an additional 1/6 which totals to 1/2 time,,,,,,,now if the inmate misbehaves, certain of these credits may be taken away,,,,,,,,also if the defendant is sentenced on serious felonies, then he is only eligible for 15 % reduction for good time and work time,,,,,,,,,,,,,,,,which also can be taken away if he misbehaves, the whole point of all of this is to offer incentives to inmates to behave and get out of prison as soon as possible...........pdm

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Answered on 11/06/00, 4:01 pm


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