In Re Walrath

This petition for writ of habeas corpus presents substantial questions regarding the implementation of Penal Code section 4019, which provides for “good time” and “work time” credits for persons committed to county jails.

Convicted of second degree burglary (Pen. Code, §§ 459, 461), petitioner was on July 24, 1979, sentenced to one year in the county jail. When petitioner was first admitted to jail, the sheriff noted on his records that petitioner was entitled to 60 days of good time credit and 60 days work time credit. A tentative release date, which took the 120 days of credit into account, was set. Petitioner escaped from the county hon- or farm on September 5, 1979, and surrendered himself four days later. He pleaded guilty to the offense of nonviolent escape from jail (Pen. Code, § 4532) and was sentenced to two months in jail, consecutive to the one-year sentence he was still serving.

After the escape conviction, the Santa Barbara County Sheriff informed petititioner that because the escape constituted a violation of honor farm rules, petitioner would receive no good time credits on either the one year or the 60-day term—a total loss of 70 days good time credit.…