Article 1. Commencement Of Term of California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 1.
(a) The term of imprisonment fixed by the judgment in a
criminal action commences to run only upon the actual delivery of the
defendant into the custody of the Director of Corrections at the
place designated by the Director of Corrections as a place for the
reception of persons convicted of felonies.
(b) Except as otherwise provided in this section, the place of
reception shall be an institution under the jurisdiction of the
Director of Corrections.
(1) As an emergency measure, the Director of Corrections may
direct that persons convicted of felonies may be received and
detained in jails or other facilities and that the judgment will
commence to run upon the actual delivery of the defendant into such
place and that any persons previously received and confined for
conviction of a felony may be, as an emergency, temporarily housed at
such place and the time during which such person is there shall be
computed as a part of the term of judgment.
(2) In any case in which, pursuant to the agreement on detainers
or other provision of law, a prisoner of another jurisdiction is,
before completion of actual confinement in a penal or correctional
institution of a jurisdiction other than the State of California,
sentenced by a California court to a term of imprisonment for a
violation of California law, and the judge of the California court
orders that the California sentence shall run concurrently with the
sentence which such person is already serving, the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception of such person within the meaning of the
preceding provisions of this section. He may also designate the place
in California for reception of such person in the event that actual
confinement under the prior sentence ends before the period of actual
confinement required under the California sentence.
(3) In any case in which a person committed to the Director of
Corrections is subsequently committed to a penal or correctional
institution of another jurisdiction, the subsequent commitment is
ordered to be served concurrently with the California commitment, the
prisoner is placed in a penal or correctional institution of the
other jurisdiction, and the prisoner is not received by the Director
of Corrections pursuant to subdivision (a), the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception and service of the California term.
(c) Except as provided in this section, all time served in an
institution designated by the Director of Corrections shall be
credited as service of the term of imprisonment.
(1) If a person is ordered released by a court from the custody
and jurisdiction of the Director of Corrections pursuant to Section
1272 or 1506 or any other provision of law permitting the legal
release of prisoners, time during which the person was released shall
not be credited as service of the prison term.
(2) If a prisoner escapes from the custody and jurisdiction of the
Director of Corrections, the prisoner shall be deemed an escapee and
fugitive from justice, until the prisoner is available to return to
the custody of the Director of Corrections or the State of
California. Time during which the prisoner is an escapee shall not be
credited as service of the prison term.
(d) The Department of Corrections may contract for the use of any
facility of the state or political subdivision thereof to care for
persons received in accordance with this section.
Where a defendant has served any portion of his sentence
under a commitment based upon a judgment which judgment is
subsequently declared invalid or which is modified during the term of
imprisonment, such time shall be credited upon any subsequent
sentence he may receive upon a new commitment for the same criminal
act or acts.
(a) In all felony and misdemeanor convictions, either by
plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential
institution, all days of custody of the defendant, including days
served as a condition of probation in compliance with a court order,
credited to the period of confinement pursuant to Section 4019, and
days served in home detention pursuant to Section 1203.016 or
1203.018, shall be credited upon his or her term of imprisonment, or
credited to any fine, including, but not limited to, base fines, on a
proportional basis, that may be imposed, at the rate of not less
than one hundred twenty five dollars ($125) per day, or more, in the
discretion of the court imposing the sentence. If the total number of
days in custody exceeds the number of days of the term of
imprisonment to be imposed, the entire term of imprisonment shall be
deemed to have been served. In any case where the court has imposed
both a prison or jail term of imprisonment and a fine, any days to be
credited to the defendant shall first be applied to the term of
imprisonment imposed, and thereafter the remaining days, if any,
shall be applied to the fine, including, but not limited to, base
fines, on a proportional basis.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It is the duty of the court imposing the sentence to determine
the date or dates of any admission to, and release from, custody
prior to sentencing and the total number of days to be credited
pursuant to this section. The total number of days to be credited
shall be contained in the abstract of judgment provided for in
(e) It is the duty of any agency to which a person is committed to
apply the credit provided for in this section for the period between
the date of sentencing and the date the person is delivered to the
(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
imprisonment in a county jail, the time spent in these facilities or
programs shall qualify as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, this section does
not authorize the sentencing of convicted offenders to any of the
facilities or programs mentioned herein.
It is hereby made the duty of the wardens of the State
prisons to receive persons sentenced to imprisonment in a State
prison, and such persons shall be imprisoned until duly released
according to law.
All criminals sentenced to prison by the authority of the
United States or of any state or territory of the United States, may
be received by the Director of Corrections and imprisoned in
California state prisons in accordance with the sentence of the court
by which they were tried. The prisoners so confined shall be subject
in all respects to discipline and treatment as though committed
under the laws of this State and the Director of Corrections is
authorized to enter into contracts with the proper agencies of the
United States and of other states and territories of the United
States with regard to the per diem rate such agencies shall pay to
the State of California for the keep of each prisoner.
(a) In any case in which a woman offender can be sentenced to
imprisonment in the county jail, or be required to serve a term of
imprisonment therein as a condition of probation, or has already been
so sentenced or imprisoned, the court which tried the offender may,
with the consent of the offender and on application of the sheriff or
on its own motion, with the consent of the offender, commit the
offender to the sheriff with directions for placement in the
California Institution for Women in lieu of placement in the county
jail if the court finds that the local detention facilities are
inadequate for the rehabilitation of the offenders and if the court
concludes that the offender will benefit from that treatment and care
as is available at that institution and the county has entered into
a contract with the state under subdivision (b). The offenders may be
received by the Director of Corrections and imprisoned in the
California Institution for Women in accordance with the commitment of
the court by which tried. The prisoners so confined shall be subject
in all respects to discipline, diagnosis, and treatment as though
committed under the laws of this state concerning felony prisoners.
(b) The Director of Corrections may enter into contracts, with the
approval of the Director of General Services, with any county in
this state, upon request of the board of supervisors thereof, wherein
the Department of Corrections agrees to furnish diagnosis and
treatment services and detention for selected women county prisoners.
The county shall reimburse the state for the cost of the services,
the cost to be determined by the Director of Finance. In any contract
entered into pursuant to this subdivision, the county shall agree to
pay that amount which is reasonably necessary for payment of an
allowance to each released or paroled prisoner for transportation to
the prisoner's county of residence or county where employment is
available, and may agree to provide suitable clothing and a cash
gratuity to the prisoners in the event that they are discharged from
that institution because of parole or completion of the term for
which they were sentenced. Each county auditor shall include in his
state settlement report rendered to the Controller in the months of
January and June the amounts due under any contract authorized by
this section, and the county treasurer, at the time of settlement
with the state in those months, shall pay to the State Treasurer upon
order of the Controller, the amounts found to be due.
(c) The Department of Corrections shall accept the women county
prisoners if it believes that they can be materially benefited by the
confinement, care, treatment and employment and if adequate
facilities to provide the care are available. None of those persons
shall be transported to any facility under the jurisdiction of the
Department of Corrections until the director has notified the
referring court that the person may be transported to the California
Institution for Women and the time at which she can be received.
(d) The sheriff of the county in which an order is made placing a
woman county prisoner pursuant to this section, or any other peace
officer designated by the court, shall execute the order placing the
person in the institution or returning her therefrom to the court.
The expenses of the peace officer incurred in executing the order is
a charge upon the county in which the court is situated.
(e) The Director of Corrections may return to the committing
authority any woman prisoner transferred pursuant to this section
when that person is guilty of any violation of rules and regulations
of the California Institution for Women or the Department of
(f) No woman prisoner placed in the California Institution for
Women pursuant to this section shall thereafter be deemed to have
been guilty of a felony solely by virtue of such placement, and she
shall have the same rights to parole and to time off for good
behavior as she would have had if she had been confined in the county
(a) For purposes of this section, a "youth offender" is an
individual committed to the Department of Corrections and
Rehabilitation who is under 22 years of age.
(b) (1) The department shall conduct a youth offender
Institutional Classification Committee review at reception to provide
special classification consideration for every youth offender. The
youth offender Institutional Classification Committee shall consist
of the staff required by department regulations at any Institutional
Classification Committee, however at least one member shall be a
department staff member specially trained in conducting the reviews.
Training shall include, but not be limited to, adolescent and young
adult development and evidence-based interviewing processes employing
positive and motivational techniques.
(2) The purpose of the youth offender Institutional Classification
Committee review is to meet with the youth offender and assess the
readiness of a youth offender for a lower security level or placement
permitting increased access to programs and to encourage the youth
offender to commit to positive change and self-improvement.
(c) A youth offender shall be considered for placement at a lower
security level than corresponds with his or her classification score
or placement in a facility that permits increased access to programs
based on the Institutional Classification Committee review and
factors including, but not limited to, the following:
(1) Recent in-custody behavior while housed in juvenile or adult
(2) Demonstrated efforts of progress toward self-improvement in
juvenile or adult facilities.
(3) Family or community ties supportive of rehabilitation.
(4) Evidence of commitment to working toward self-improvement with
a goal of being a law-abiding member of society upon release.
(d) If the department determines, based on the review described in
subdivisions (b) and (c), that the youth offender may be
appropriately placed at a lower security level, the department shall
transfer the youth offender to a lower security level facility. If
the youth offender is denied a lower security level, then he or she
shall be considered for placement in a facility that permits
increased access to programs. If the department determines a youth
offender may appropriately be placed in a facility permitting
increased access to programs, the youth offender shall be transferred
to such a facility.
(e) If the youth offender demonstrates he or she is a safety risk
to inmates, staff, or the public, and does not otherwise demonstrate
a commitment to rehabilitation, the youth offender shall be
reclassified and placed at a security level that is consistent with
department regulations and procedures.
(f) A youth offender who at his or her initial youth offender
Institutional Classification Committee review is denied a lower
security level than corresponds with his or her placement score or
did not qualify for a placement permitting increased access to
programs due to previous incarceration history and was placed in the
highest security level shall nevertheless be eligible to have his or
her placement reconsidered pursuant to subdivisions (b) to (d),
inclusive, at his or her annual review until reaching 25 years of
age. If at an annual review it is determined that the youth offender
has had no serious rule violations for one year, the department shall
consider whether the youth would benefit from placement in a lower
level facility or placement permitting increased access to programs.
(g) The department shall review and, as necessary, revise existing
regulations and adopt new regulations regarding classification
determinations made pursuant to this section, and provide for
training for staff.
(h) This section shall become operative on July 1, 2015.