In Re Maes

Penal Code section 2933 allows state prisoners who participate in qualifying work, training, and educational programs the privilege of earning postsentence conduct credit against their sentences. (Id., subd. (a) [the statute refers to this credit as “worktime credit”].) Section 2933.05 authorizes postsentence credit for a prisoner’s successful completion of specific program performance objectives in approved rehabilitative programming. (Id., subd. (a).) However, section 2933.2, subdivision (a) provides that “any person who is convicted of murder . . . shall not accrue any credit, as specified in Section 2933 or Section 2933.05.” (§ 2933.2, subd. (a); hereafter section 2933.2(a).) Section 2933.2, subdivision (b) further specifies that this prohibition applies “whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law.” (§ 2933.2, subd. (b); hereafter section 2933.2(b).)

In this matter we consider whether a state prisoner convicted of murder and sentenced to an indeterminate life term is entitled to earn postsentence conduct credit against a consecutive determinate term imposed for a separate…