People v. Bodis

Opinion

McCLOSKY, J.

Appellant Charles Lawrence Bodis appeals from an order denying conduct credits for pretrial confinement in state hospital.

Contention

Appellant contends that he is entitled to good time-work time credits for his pretrial confinement, and must be released.

Facts

Appellant was arrested on December 25, 1982, and charged with unlawfully causing a fire in violation of Penal Code section 452, subdivision (c). His counsel asks us to conclude that he was in custody in a state hospital since his arrest.

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He has remained in custody since that date. The trial was

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held on September 7, 1983. After a finding of not guilty by reason of insanity, appellant was committed to Patton State Hospital. Pursuant to Penal Code section 1026.5, the trial court set appellant’s term of commitment at 3 years and reduced that term by awarding him 151 days of good time-work time credit. Appellant was also granted credit for time spent in actual custody as a result of his arrest on December 25, 1982. As set by the trial court’s order, appellant would have reached the maximum term of commitment on July 30, 1985.

On April 19, 1985, the District Attorney of Los Angeles County filed a motion to correct the term of commitment. On May 8, 1985, the motion was granted and the trial court struck the good time-work time credit of 151 days. Appellant’s.commitment was extended until December 25, 1986.

Discussion

Appellant contends that he is entitled to good time-work time or conduct credits for the period of his pretrial confinement. He inferentially asks us to believe that he was confined in a state mental hospital during the period between December 28, 1982, and his trial, based upon the minute order of the Los Angeles Municipal Court dated December 28, 1982, which states in part: “Defendant to go to Mental Health Unit—FMHU” and one on January 11, 1983, stating in part “Defendant in Metro State Hospital.” His argument is based on cases which have held that good time-work time credits are allowed for pretrial hospital stay for mentally disordered sex offenders (MDSO).