In re Sampson

INTRODUCTION

Petitioner Tcinque Sampson, an inmate of Pelican Bay State Prison, was validated as a prison gang member prior to January 25, 2010, and placed in a security housing unit (SHU). Effective January 25, 2010, an amendment to Penal Code section 2933.6 1 denies conduct credits to inmates, like petitioner, who are validated gang members placed in a SHU. Sampson filed a petition for writ of habeas corpus to regain his conduct credits on the ground that the application of the amended statute to him violated the ex post facto clauses of the federal and state Constitutions. The superior court agreed in part and gave petitioner nine months of conduct credit. California’s Department of Corrections and Rehabilitation, through the warden of Pelican Bay Prison (Warden), appealed and we now reverse, because the statute is not retrospective in its application to petitioner.

FACTUAL AND PROCEDURAL BACKGROUND

Historical Facts

On November 5, 2008, petitioner Tcinque Sampson was sentenced to state prison for two years eight months for grand theft. (§ 487, subd. (a).) 2 He was received by California’s Department of Corrections and Rehabilitation (CDCR) on December 4, 2008. He…