Is a Prison Enhancement Based Upon Time From Discharge from Prison or from Parole
Under California's prison enhancement law, if a defendant has previously been sentenced to prison and has not remained free from custody for at least five years, if the defendant is convicted of a new non-violent felony the prison sentence is increased by one year. For violent felonies the prison sentence is increased by three years.
Does the five year period start when the defendant is released from prison, even if he is subsequently on probation or parole, or does it start when the defendant is discharged from supervision?
Re: Is a Prison Enhancement Based Upon Time From Discharge from Prison or from Parole
For enhancements under PC 667.5(b), "no additional term shall be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or when sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended."