In Re Ballard

Opinion

POCHÉ, J.

By original petition for a writ of habeas corpus, addressed to the California Supreme Court, petitioner Joe Ballard, a parolee from the California Department of Corrections, seeks credit against the term of his parole for presentence conduct credits (cf.,

People

v.

Sage

(1980) 26 Cal.3d 498 [165 Cal.Rptr. 280, 611 P.2d 874]) which he had earned but which were not applied against his state prison term. The Supreme Court issued its order to show cause returnable before this court. Respondent Chairman of the Board of Prison Terms concedes that petitioner is entitled to relief. We grant relief as hereinbelow set forth.

Petitioner was convicted of felonies and was committed to state prison for concurrent terms. By court orders he has received credit for time served in presentence custody (“section 2900.5 credits”: Pen. Code, § 2900.5) and the Director of Corrections calculated additional conduct credits based on his actual period of presentence custody

(“Sage

credits”:

People

v.

Sage, supra).

Because the sum of these credits exceeded the remaining term of his prison commitment he was promptly released on parole. Respondent agreed to apply petitioner’s unused section 2900.5 credits to reduce his parole term, but has heretofore declined to make similar application of petitioner’s unused

Sage

credits.

Respondent now concedes that the amount of time petitioner spent incarcerated, in excess of the period he would have spent had all custo

[649]

dy and conduct credits (including

Sage

credits) to which he was entitled been applied, should be deducted from his parole term.