In re Mabie

*304 Opinion

Petitioner seeks habeas corpus based upon a contention that Penal Code section 2933 1 worktime credits were improperly denied because he is a California Rehabilitation Center (CRC) committee rather than a state prison inmate. His contention is based upon an asserted deprivation of equal protection of the laws.

Facts

Petitioner's Background

Petitioner was committed to the CRC in the civil addict program on February 5, 1982. He received a suspended sentence of five years and four months.

Jurisdiction

Petitioner made the same contention in an unsuccessful application for habeas corpus in the Riverside Superior Court. The petition was denied based upon the interpretation of “present statutes and case law . . . .” Therefore, petitioner’s application for a writ of habeas corpus is proper, although it requires a determination of the same question of law. (See In re Richard M. (1975) 14 Cal.3d 783, 790-791 [ 122 Cal.Rptr. 531 , 537 P.2d 363 ].)

Discussion

I

Exhaustion of Administrative Remedies

At the outset we note that petitioner has not alleged exhaustion of his administrative remedies prior to seeking relief on habeas corpus. An administrative agency is…