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Name: Payton v. Superior Court (Orange County)
Case #: G045445
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/23/2011
Summary

Based on legislative intent, defendant is entitled to enhanced custody credits in effect when the custody is served even though his offense predates the January 25, 2010 amendment to Panel Code section 4019. Defendant pled guilty to a drug offense in May of 2008 and was placed on probation. In 2011 he admitted a probation violation and was sentenced to 90 days in jail, receiving 10 days of actual credit and four days of conduct credit. He petitioned the court for an award of day-for-day credits based on the January 25, 2010 amendment to Penal Code section 4019. The trial court denied the credits because appellant committed his offense prior to the effective date of the amendment. The Court of Appeal issued a writ of mandate, ordering the superior court to grant the additional conduct credits. The legislative intent in amending section 4019 was to reduce prison overcrowding and costs; limiting application of the amendment would delay these goals. In addition, the Legislature intended to encourage good conduct during periods of custody. Thus, “inmates are entitled to the conduct credits which are in effect at the time their custody is served.”