People v. Palazuelos

Opinion

ABBE, J.

Appeal from the portion of a state prison sentence denying conduct credit.

After appellant pled nolo contendere to two felony charges, a petition was filed under Welfare and Institutions Code section 3051 for his involuntary commitment to the Director of Corrections for confinement in the California Rehabilitation Center (CRC). The trial judge found such a CRC commitment was inappropriate and sentenced appellant to state prison for a term of three years and eight months. After appellant accepted the terms and conditions of probation, execution of sentence was suspended and appellant was admitted to probation.

Among the conditions of probation was a requirement that appellant enroll in the “Narcotics Education League Program,” a privately operated residential drug treatment program. Appellant was to remain in the program as long as the director of the program and the probation officer concurred. It was further provided that if he left the program without approval he would return to court within two court days of his departure for a review of the terms and conditions of probation. He completed the program in 153 days.

Later appellant was found to have violated other conditions of probation and the stay of execution of the prison term was vacated. He was sentenced to prison and received credit for the 153 days in the drug treatment program but did not receive conduct credit pursuant to Penal Code section 4019 for the time spent in the drug treatment program. We find he is not entitled to such credit.

“Section 4019 authorizes good behavior and work performance credit for certain prisoners confined in city or county jails, industrial farms or road camps. [Fn. omitted.] It does not authorize conduct credit for time in nonpenal institutions such as state hospitals . . . .”

(People

v.

Sage

(1980) 26 Cal.3d 498, 502-503 [165 Cal.Rptr. 280, 611 P.2d 874].) The period spent by appellant at the Narcotics Education League Program was not time spent in custody in a penal institution.

This issue was before the Court of Appeal in

People

v.

Broad