Error and/or relief
(Gary note: This is not a win, but it contains of discussion on what excess credit for time served can apply to in the context of fines or fees.)
Penal Code section 2900.5 does not apply to restitution fines or nonpunitive assessments.
First Holding:
At the conclusion of the defendant’s proceedings, his credit for time served exceeded the total prison commitment that was imposed. His contention that section 2900.5 requires that his excess credits be applied against the ordered restitution fine and ancillary fees raises a matter of statutory interpretation requiring this court to exercise de novo review.
Authority:
People v. Carranza (2016) 6 Cal.App.5th Supp. 17, 23.
Second Holding:
Section 2900.5(a) provides that all presentence custody credit awarded to a defendant shall be credited upon his or her term of imprisonment, or credited to any base fine 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 base fine.
Authority:
PEN 2900.5
Third Holding:
Section 2900.5 has undergone several changes, and prior to 2014 included restitution fines as subject to offset by excess days. Since 2017, the relevant language now requires that credit be applied to “any base fine,” with penalties and assessments imposed on the base fine to be reduced by the percentage the base fine has been satisfied. Excess credits cannot be applied to reduce restitution fines. Section 2900.5 does not apply to restitution fines, nor does it apply to nonpunitive assessments, such as the court operations assessment and the criminal conviction assessment imposed in this case.
Authority:
PEN 2900.5
People v. Petri (2020) 45 Cal.App.5th 82, 92-93
People v. Pinon (2016) 6 Cal.App.5th 956, 967, fn. 7
People v. Rojas (2023) 95 Cal.App.5th 48, 56