Libhart

In this appeal we hold that a defendant who is in custody at a locked facility pursuant to a civil commitment of fixed duration is not entitled to presentence credit against a prison term where (1) the term

*1017 arises from conduct unrelated to the civil commitment, and (2) the restraints associated with such conduct occur after the civil commitment order.

Defendant Rich C. Libhart appeals from the judgment of the Superior Court of Sonoma County following his plea of nolo contendere to a violation of Penal Code section 289, subdivision (a) (penetration by foreign object). Defendant’s sole contention on appeal is that the trial court erred in denying him presentence custody and conduct credit. We reject this contention and affirm the judgment.

Defendant was arrested in Sonoma County on July 8, 1984, for filing a false police report (Pen. Code, § 148.5) and on child molestation charges (Pen. Code, §§ 288, subd. (a), 289, subd. (a)). The former charge stemmed from his complaint that he had been assaulted when actually he had attempted suicide. After six days in custody he was given a supervised own recognizance release (OR) on the false police report charge and the…