How is the Earliest Possible Release Date Calculated?

Generally speaking, the Earliest Possible Release Date (EPRD) is calculated by adding the total sentence imposed to the date the CDCR “receives” the person and then subtracting credits for actual time served and good conduct prior to arriving at the CDCR (i.e., in country jail), plus subtracting additional good conduct and programming credits while in CDCR custody.

One’s Legal Status Summary (LSS), prepared by the CDCR, distills down one’s sentencing and credits earned into a worksheet. An ERPD is estimated on the LSS, but it should be regarded more as a “best guess” because it assumes the prisoner’s credit-earning status (“Work Group status”) and ability will not change. It also assumes the prisoner will earn a certain amount of programming credits. It does not assume any rule violation or an additional prison term being added.

Expressed as a formula, the ERPD should be:

An easy way to calculate Good Conduct Credit already earned is to first take the number of days actually served in the CDCR and then multiplying this number as follows. If one is getting 66% credit (two days credit for every one day served), one should multiply the days served by two. If one is earning 50% (one day credit for every one day served), one should just multiply the days served by one. If one is earning 33% credit (one day of credit for every two days served), one should divide the number of days actually served by two. If one is earning 20% credit (one day for every four days served), divide by four. If one is earning 15% credit (one day for every six days served), divide by 5.66.

The same formula can be applied to future Good Time Credits expected by counting the number of days between the current date and the Current Release Date.

While this formula is relatively straightforward, using it when there are sentences for multiple different cases. The first issue is whether each successive sentence is to run concurrent or consecutive to the prior sentence, so one must carefully look at the Abstract of Judgment to confirm this information. Then the total length of the term can be computed.

The presumption is that such sentences run consecutive (“one after another”) because the offenses were separate offenses. Sometimes, particularly in certain sex crimes, this is required. However, if the previous sentence is not brought to the judge’s attention within 60 days of the date the person enters the CDCR on the second (or third, or fourth, etc.) sentence, then the term on the most recently sentenced case must run concurrent with the previously imposed term. Penal Code § 1385.

Other issues that can arise are when a prisoner is sentenced in a California court, but has a previous sentence in another state that he or she is serving or a federal sentence to serve.

It should be noted that a defendant may waive pre-sentence credits as a condition to entering into a specific plea bargain. Penal Code § 2931(a).

Lastly, it should be noted that “custody” includes much more than simply being in jail or prison. If one is ordered to install electronic home monitoring (a SCRAM bracelet) if the conditions of having it on impose “significant restrictions” on movement (Penal Code § 2500.5; People v. Raygoza (2016) 2 Cal. App. 5th 593; but see People v. Anaya (2007) 158 Cal. App. 4th 608, 610( client not in custody where only requirement was that he say in country and be at home to make phone call once daily).

Custody may also include time spent in a hospital or rehabilitation center, work furlough facility or even a half-way house if ordered by the judge.

This article was made possible and is largely based on the Prison Law Office’s California Prison and Parole Handbook, Chapter 8. We thank the Prison Law Office for this tremendously helpful publication.