In Re Randolph

These two petitioners—one in prison and one now on parole—challenge the refusal to retroactively apply a change in the amount of work or participation credits accorded to prisoners who are out-to-court. We conclude that the petitioners should have been given one-for-one credits during the periods in which they were out-to-court. The basis for our conclusion is that the equal protection provisions of the United States and California Constitutions mandate that the rule be applied to give the credits to petitioners.

CDC Rules Regarding “S” Time Credits

Under its rules to implement Penal Code section 2933 authorizing one-for-one credits, the California Department of Corrections (CDC) provides a classification of credit designated as “S” time. (Cal. Code Regs., tit. 15, § 3045.1. ) “S” time credit is provided for situations when a prisoner cannot work because of circumstances which are deemed beyond the inmate’s control. (In re Carter (1988) 199 Cal.App.3d 271, 273 [ 244 Cal.Rptr. 648 ].) Under this classification, a prisoner receives the sentence-reducing credit that he would have earned if he had been able to work. Section 3045.1 lists 20 specific circumstances under which…