Cramp

The sole issue in this appeal is whether William Gerald Cramp is entitled to the Penal Code 1 section 4019 conduct credit he received for the time he was confined at Atascadero State Hospital after being referred there by the court for evaluation to determine his competency to stand trial. (§ 1370.) We conclude the credits were properly awarded.

Cramp contends equal protection of the laws mandates he receive behavioral credit for presentence time spent at Atascadero State Hospital for a determination of his competency to stand trial. Although our opinion in People v. Jennings (1983) 143 Cal.App.3d 148, 149-150 [ 191 Cal.Rptr. 592 ], holds a defendant is not entitled to conduct credit for preconviction custody while being treated at a state hospital, 2 it is not dispositive here. Unlike Jennings, Cramp received no treatment, he was merely detained there for evaluation. He was found “competent in all spheres” and was not committed for treatment. We perceive of no valid reason why a competent defendant should be denied presentence behavioral credit for custody, even in a state hospital, where confinement is for the purpose of evaluation rather than treatment. Mere transfer…