Cal. Code Regs. tit. 15 § 2344

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 2344 - Application of Preprison Credit to DSL Release Date Calculated Under Penal Code Section 1170.2
(a) Single DSL Sentence. All preprison custody and Sage credit shall be deducted from the DSL release date including enhancements for arming, use, or great bodily injury.
(b) Concurrent DSL Sentences. All preprison custody and Sage credit which is attributable to the offense which results in the controlling DSL release date shall be deducted from the DSL release date for that offense. In determining the controlling DSL release date all preprison custody and Sage credit attributable to each offense shall be deducted from the term for that offense.
(c) Consecutive DSL Sentences.
(1) No Overlapping Preprison Credit. All preprison custody and Sage credit attributable to the DSL principal term crime shall be deducted from that term. All preprison custody and Sage credit attributable to any consecutive crime shall be deducted from the DSL subordinate term computed under Section 2150(c).
(2) Preprison Credit Overlaps DSL Principal Term and DSL Subordinate Term. Preprison custody and Sage credit attributable both to the principal term crime and to any subordinate term crime shall be deducted from the principal term. Any preprison custody and Sage credit in excess of the principal term shall be deducted from each subordinate term to which the preprison custody and Sage credit is attributable. Preprison custody credit in excess of the principal term and the subordinate term shall be credited deducted from the parole period.
(3) Preprison Credit Overlaps Among Subordinate Terms Only. Preprison custody and Sage credit attributable to subordinate terms shall be deducted from the subordinate terms to which it is attributable.

Cal. Code Regs. Tit. 15, § 2344

1. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).

Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03, 2900.1, 2900.5, and 4019, Penal Code. In re Ballard (1981) 115 Cal.App.3d 647; In re Sosa (1980) 102 Cal.App.3d 1002; and People v. Sage (1980) 26 Cal.3d 498, as modified 27 Cal.3d 144a.

1. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).