Cal. Rules of Court, rule 4.310 · Division 4. Sentencing
Determination of presentence custody time credit
Text — As posted by the Judicial Council of California (read October 22, 2026)
At the time of sentencing, the court must cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Penal Code sections 2900.5, 2933.1(c), and 2933.2(c). On referral of the defendant to the probation officer for an investigation and report under Penal Code section 1203(b) or 1203(g), or on setting a date for sentencing in the absence of a referral, the court must direct the sheriff, probation officer, or other appropriate person to report to the court and notify the defendant or defense counsel and prosecuting attorney within a reasonable time before the date set for sentencing as to the number of days that defendant has been in custody and for which he or she may be entitled to credit. Any challenges to the report must be heard at the time of sentencing.
Notes and commentary — not rule text
History
Rule 4.310 amended effective January 1, 2007; adopted as rule 252 effective January 1, 1977; previously amended and renumbered as rule 472 effective January 1, 1991; previously amended and renumbered effective January 1, 2001; previously amended effective July 1, 2004.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/four/rule4_310
- Text hash
- sha256 fe7937a3e450b331bcb5f3cc632875a748f4e68cab6b8b34af730ce82a972779
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 1203Printed as Penal Code section 1203(b) or 1203(g)
- Pen. Code, § 2900.5Printed as Penal Code sections 2900.5, 2933.1(c), and 2933.2(c)
- Pen. Code, § 2933.1Printed as Penal Code sections 2900.5, 2933.1(c), and 2933.2(c)
- Pen. Code, § 2933.2Printed as Penal Code sections 2900.5, 2933.1(c), and 2933.2(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.