In Re Winner

Petitioner, Stacy Alan Winner, a prison inmate, seeks a writ of habeas corpus, contending he was unfairly denied the restoration of worktime credits he forfeited when he was disciplined for manufacturing alcohol in prison. According to petitioner, the amended version of California Code of Regulations, title 15, section 3327, subdivision (a)(1), which precludes the restoration of forfeited credits, may not be applied to him without violating the state and federal constitutional prohibition against ex post facto laws. (Further section references are to title 15 of the California Code of Regulations unless otherwise specified.) We disagree and shall deny the petition.

As we shall explain, although the amendment followed the misconduct for which he lost credits, petitioner cannot show its application to him violated the prohibition against ex post facto laws. This is so because petitioner’s misconduct occurred after the Legislature eliminated a prisoner’s statutory right to restoration of forfeited credits under certain circumstances and, instead, gave to the Director of Corrections (the Director) discretion whether to restore such credits. Once authorized to do so, the…