In Re Taylor

Petitioner, via a petition for writ of habeas corpus, seeks credit against his prison sentence for time spent as a California Rehabilitation Center (CRC) outpatient. Although the issue is cognizable on an appeal from the judgment which sentenced him to state prison, we issued an order to show cause because if petitioner’s contentions were correct, he would be eligible for immediate release from custody. Our review of the law leads us to conclude, however, that petitioner is not eligible for the additional credits he seeks.

Petitioner was ordered committed to CRC, pursuant to Welfare and Institutions Code section 3051, on September 21, 1978. Petitioner was released on outpatient status on March 5, 1979. He spent additional time in CRC custody from March 10, 1980, to May 6, 1980, before again being released on outpatient status. Petitioner absconded from CRC supervision in November 1980. In June 1981 the Department of Corrections formally found him unsuitable for further participation in the CRC program, and recofnmended that the section 3051 commitment be vacated. A bench warrant for petitioner’s arrest issued on July 30, 1981. On November 25, 1981, petitioner was…