In Re Dalton

Gladys Crawford, superintendent, California Institution for Women, appeals a superior court order granting a petition for a writ of habeas corpus and directing that respondent (petitioner in superior court), Nancy Dalton, be granted credit against her term and parole period, as calculated under the Determinate Sentencing Law, for outpatient time served under a commitment to the California Rehabilitation Center (CRC).

On April 16, 1975, respondent was convicted of forgery (Pen. Code, § 470). Following her conviction, criminal proceedings were suspended and respondent was committed to the CRC pursuant to Welfare and Institutions Code section 3051. From May 29, 1975, until December 31, 1975, she was confined at CRC. On January 1, 1976, she was released on outpatient status. During the remainder of her commitment to CRC she was periodically released and reconfined until she was ultimately excluded from the program and returned to the Los Angeles Superior Court where criminal proceedings were reinstated.

On March 7, 1980, respondent was sentenced to state prison for the term prescribed by law. She was given presentence credits of 1,485 days against her sentence under the…