Donald Alan Miller v. James Rowland

Donald Miller, a California prisoner serving an indeterminate life sentence for conspiracy to commit murder, appeals the denial of his petition for writ of habeas corpus. He claims his due process and contract clause rights were violated by the California Department of Correction’s refusal to grant him work credits pursuant to Cal.Penal Code § 2933.

I.

Until May 1983, Miller earned credits at the rate of one day of credit for every two days of good behavior or participation in certain “work, educational, vocational, therapeutic or other prison activities.” Cal.Penal Code § 2931. Under § 2931, Miller’s term of confinement could be reduced by as much as one third. In 1982, the California legislature adopted a new system for awarding credits to prisoners sentenced after January 1, 1983. Under the new system, prisoners may earn one day of credit for each day of participation in work assignments or educational programs, thus reducing their term of confinement by as much as one half. See Cal.Penal Code § 2933. For prisoners sentenced before 1983, the legislature provided that “a prisoner subject to the provisions of Section 2931 may waive the right to receive time credits as provided…