Early Releases Post AB109

[Tripper]

Are there any LEOs here that work jails and know how the early releases are applied
Do you give 5, 10, 30 day early release?
What do you base the number of days early on

This would be in relation to 4024.1

[Tripper]

Guess nobody works jails
Or are at work maybe

[nickbackouris]

I haven't worked the jails in a while, and I can guess you would be hard strapped to find anyone who actually has this stuff dialed in to give you a strait answer, let alone in three hours. Be patient.

That being said, I believe the credits are actually set by the court in sentencing, used to be 4019 credits, not sure what they are using now. I know 1170(?) comes into play as well. As far as finding some magical mathematical equation, I'm just not sure there is one. It's a case by case thing I believe, but I could be wrong (and most likely am).

[Tripper]

Thanks nickback, if your not currently working jails or acting in some fashion related to the releases, it's not likely you'll know or rather be familiar with how the jails are applying 4024.1
I'm not referring to 4019 credits specifically, but
I'm looking to see how jails are interpreting 4024.1b mainly.
(Designed for jail overcrowding)
Are jails interpreting the early release based on x-number if days off the original sentence, or same number if days after all 4019 credits are applied. Are your jails considering consec sentences as a total or possibly applying the max early release to each sentence, alternatively, do you calculate the release date, then take x-number of days off of that
Each county/jail in order to reduce over crowding can get an order approved by a judge, authorization to release inmates up to 30 days early. The number of days was 5 pre AB109/1170, the max was increased to 30, in like July 2012
X=whatever number if days is authorized by the presiding judge in your county

Basically, it's not likely that you'll know what I'm referring to or asking if your not involved in the release calculations or actual releases in some way

Im trying to see if everyone interprets it the same or if other jails/judges have a diff reading of it

Edit: my apologies, some of the above reads as kind of harsh or I'm sure could be considered insulting, I assure you it is not intended as such, I'm just meaning I understand that not everyone deals with this stuff regularly and I do not expect everyone to understand its application, but.i am happy to hear any interpretation of 4024.1

[Tripper]

Oh
Sorry this is kind of difficult to explain especially using the phone

[Tripper]

Yes, it's still 4019, even for 1170h sentences
That parts easy, once you know the date if crime, without that its a bit difficult
Pre-sentence credits are determined by the judge at the time if sentencing, where post sentence is determined by the incarceration institution.
How to apply credits is quite frequently misunderstood.
I'd be happy to discuss credit application with anyone that has questions on it

[Tripper]

I'm guessing nobody really knows

[CBR_rider]

No idea, other than a whole lot of our inmates "benefit" from this.

[Tripper]

Yep
And amazingly they still wonder why the recsidivism rate is so high

[CBR_rider]

I have literally booked guys into jail who laugh all the way there because they know #1 they will be released within a few hours and #2 because even if they are eventually sentenced to confinement at county they will again be released early. If you don't have a job and don't mind the inconvenience of spending a relatively small amount of time in the pokey, a life of non-violent felonies isn't too bad in many cases.

[Tripper]

Yep

[Tripper]

My question is
How are jails interpreting 4024.1 when it comes to early release
Take the time off the beginning or the end, before or after 4019?

[scootergmc]

4024.1(e) PC answers your question. 10% (max of 30 days as noted in (a)) "of the particular inmate's original sentence, prior to the application thereto of any other credits or benefits allowed by law."

There's really not much to interpret as it's clearly spelled out in the code.

[Tripper]

is that how its applied at your jail?
what jail are you at?

[Tripper]

it can go a couple of ways, and can be read to support both ways to a certain degree
take an original sentence of 300 days
do you take the 30 days off then, for 300-30, then give all the credits

the inmate gets halftime 4019, so, now that 300 day sentence is 150, do you take the 30 days off of 150, or do you now take 15 days, since thats 10% of the ACTUAL days to serve of the ORIGINAL sentence

the guy got the 300 day sentence, and credit of 40 actual
do you now take the 30 off of the 300, or the 300-40 and take the 30 off of 260, or do you take the 300-40, then give him his halftime credit of another 40, and then give 30 days on top of that, which becomes 300-40-40-30 for 190, then of course give him halftime on whats left to serve

now, what about the consecutive sentence.
of say 200 consec to 150
do you give 20 and 15 respectively. where neither is beyond the max 30. but the total is 35

or do you take the sentence, do everything you would normally do, figuring his release date, then take 10% or 30 days max off of that

and to a certain degree scooter, I would hope everyone reads it the same, however I know that not to be the case, which is why I ask, I'm trying to see if there are other jails that do it another way than the way I read it