Error and/or relief
A portion of the defendant’s presentence custody status was preconviction home detention. That period was sufficiently custodial to entitle the defendant to custody and conduct credits. The matter is remanded for the trial court to determine what portion of the defendant’s preconviction status met the statutory requirements for creditable home detention.
First Holding:
Preconviction custody credits are governed by section 2900.5(a), which provides in relevant part that in all felony and misdemeanor convictions, either by plea or by verdict, all days of custody of the defendant, including days served in home detention pursuant to section 1203.016 or 1203.018, shall be credited upon his or her term of imprisonment.
Authority:
PEN 2900.5(a)
People v. Gerson (2022) 80 Cal.App.5th 1067, 1087– 1088
Second Holding:
Section 1203.018 authorizes a county to offer a program under which inmates being held in lieu of bail in a county jail or other county correctional facility may participate in an electronic monitoring program if certain conditions are met. An electronic monitoring program is defined as including home detention programs. The statute authorizes the board of supervisors to prescribe reasonable rules and regulations under which an electronic monitoring program pursuant to this section may operate.
Authority:
PEN 1203.018
Third Holding:
When a defendant is subject to preconviction electronic monitoring conditions under terms that are as custodial, or restraining as a statutory home detention program pursuant to section 1203.018, equal protection principles entitle that defendant to preconviction custody credits under section 2900.5 and conduct credits under section 4019.
Authority:
People v. Gerson (2022) 80 Cal.App.5th 1067, 1089
Fourth Holding:
Whether a defendant is in custody for the purposes of section 2900.5 is a matter of statutory interpretation, a question of law we review de novo. The burden is on the accused to establish entitlement to presentence custody credit.
Authority:
People v. Ravaux (2006) 142 Cal.App.4th 914, 919
People v. Shabazz (2003) 107 Cal.App.4th 1255, 1258