Benio Kalka v. Dan Vasquez

Benio Kalka, a state prisoner, appeals the district court’s denial of his habeas corpus petition. He contends that the district court erred in determining that Kal-ka’s due process and equal protection rights were not violated when the respondent denied him worktime credit under California Penal Code section 2933 from the date he was available to work until the date he finally was given work. We affirm.

California Penal Code section 2933(a) establishes a system of worktime credits “for performance in work assignments ... and education programs.” Under section 2933(a) a prisoner’s sentence will be reduced one day for each day of “full-time performance in a credit qualifying program.” No credit is available to prisoners who refuse to accept an assignment or are ineligible to participate based on their own misconduct. See Cal.Penal Code §§ 2933(a), 2932 (West 1982 & Supp.1989).

Section 2933(b) states that “[wjorktime credit is a privilege, not a right. Worktime credit must be earned and may be forfeited pursuant to the provisions of Section 2932.” Except for prisoners ineligible pursuant to section 2932, “every prisoner shall have a reasonable opportunity to participate in a…