People v. MillerPeople v. Miller
*969 Opinion
Michael Thomas Miller appeals following imposition of a sentence that denied him worktime credits (Pen. 1 Code, § 2933) while committed to, and before his exclusion from, the California Rehabilitation Center (CRC).
Pursuant to a plea bargain, appellant pleaded guilty to possession of ephedrine and hydriodic acid with intent to manufacture methamphetamine (
The single issue raised on appeal is the trial court’s denial of work credits (which would reduce the sentence up to one-half) pursuant to section 2933 during the period he was at CRC against his subsequent state prison sentence. We will hold he is not entitled to such worktime credits.
In 1980, Welfare and Institutions Code
Welfare and Institutions Code
With respect to worktime credits, section 2933 provides in pertinent part:
*970 “(a) It is the intent of the Legislature that persons convicted of a crime and sentenced to state prison, under Section 1170, serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Director of Corrections for performance in work, training or education programs established by the Director of Corrections.” (Italics added.)
Appellant contends that he is a person convicted of a crime and sentenced to state prison and thus by the terms of section 2933 is entitled to worktime credits. However, we have concluded that the Legislature’s omission from section 2933 of any mention of CRC committees suggests it did not intend to provide worktime credit for such individuals.
In re Mabie
(1984)
In that case, the court held Welfare and Institutions Code
“Interpreting a later amendment of another section which authorizes worktime credit as included in the good behavior and participation credit would obfuscate the distinction between two separate concepts.
“Moreover, we note that there has been no corresponding amendment of Welfare and Institutions Codesection 3201 authorizing section 2933 work-time credits for CRC inmates. . . . ‘ “[F]ailure to make changes in a given statute in a particular respect when the subject is before the Legislature, and changes are made in other respects, is indicative of an intention to leave the law unchanged in that respect.” ’ [Citation.] Therefore, it is apparent that the Legislature has chosen not to provide section 2933 worktime credits to CRC committees.” (159 Cal.App.3d at pp. 306-307.)
In rejecting a claim that the denial of worktime credits to CRC committees amounted to a denial of equal protection of the laws, the
Mabie
court assumed “that CRC addicts and state prisoners sentenced for the same underlying offense
are
similarly situated” (
The “purpose of imprisonment for crime is punishment” (§ 1170, subd. (a)(1);
In re Jiminez
(1985)
In holding that there was no denial of equal protection, the Mabie court stated:
“[W]e find a compelling justification for limiting section 2933 worktime credits to state prison inmates. The intent of the Legislature in enacting section 2933 is embodied in partin the Statutes of 1982, chapter 1, section 1: ‘It is the intent of the Legislature that all able-bodied prisoners in the state prisons be directed to work, inasmuch as the performance of productive work on a regular basis is the most appropriate method of successfully instilling in prisoners the values of a law-abiding and cooperative society and will improve the possibility of their reintegration into that society.’ (Stats. 1982, ch. 1, § 1, No. 2 Deering’s Adv. Legis. Service, pp. 1-2, No. 1 West’s Cal. Legis. Service, p. 67.) Moreover, section 2933 credits, unlike good behavior and participation credits under section 2931, must be earned by state prison inmates who work in a credit qualifying assignment. Such credit is not automatically granted. [Citations.]
“The legislative purpose of instilling the work ethic in state prison inmates has little, if any, applicability to the CRC committee. ‘Petitioner is in the CRC program because of his narcotics addiction and its result not only to him but to the rest of society. He is there because of a physical and psychological addiction. Narcotics addiction and crime go hand in hand. Addiction breeds crime. Petitioner needs and society demands particularized treatment of him because of that condition.’ [Citation.] Such treatment provides the most likely prospect for petitioner’s successful reentry into society. The compelling state interest is manifest by the importance of treatment for a narcotics addict. Theoretically, successful treatment would obviate the need for an addict to commit crime to support his habit. Since addiction is the root of the problem, the Legislature apparently determined that worktime credit would not foster effective treatment. This determination forms the basis of the necessary compelling state interest.” (In re Mabie, supra,159 Cal.App.3d at p. 308 .)
Appellant attempts to distinguish the holding in
Mabie
from his situation because appellant was excluded from CRC (
Appellant cites
In re Martin, supra,
The judgment is affirmed.
Stone (W. A.), Acting R J., and Buckley, J., concurred.