Criminal defense lawyers and attorneys are often asked by their clients how many days of home detention or work release they will have to do instead of actual jail time and, whether they will get any type of good time credit.

Of course it all depended on the county in which a client was convicted.  Many counties did not award good time credits pursuant to Penal Code section 4019 (4 days are deemed served for every 2 days of actual custody) if an individual completed their jail time through Home Detention or Work Release.  In counties like Sacramento, the sheriff's department awarded the credits.

As of January 1, 2015, Penal Code section 4019 provides for the credits for individuals serving their time on Home Detention pursuant to Penal Code section 1203.016 or Work Release pursuant to Penal Code section 4024.2.

This statute is prospective, meaning that it applies moving forward starting January 1, 2015.