People v. Hawkins CA4/1

INTRODUCTION

At the time Christopher Hawkins was confined to a state hospital for treatment to restore his competence, he was not entitled to earn presentence conduct credits, but others receiving the same treatment in a county jail

facility could earn such credits under then-existing Penal Code section 4019.1 In October 2021, while this appeal was pending, the Legislature enacted Senate Bill No. 317 (2021-2022 Reg. Sess.) (Senate Bill 317) to amend section 4019 to eliminate that disparity and “ensure[ ] incompetent defendants are eligible for the same . . . conduct [credit] as their competent counterparts, while receiving treatment in any treatment facility,” including a state hospital. (Assem. Com. on Appropriations, Rep. on Sen. Bill 317, as amended July 12, 2021, p. 2, italics added.) Here, we conclude Senate Bill 317 does not apply retroactively under In re Estrada (1965) 63 Cal.2d 740 (Estrada). But as a matter of equal protection, Hawkins is entitled to conduct credit for time confined at the state hospital receiving competency treatment, like other detainees receiving the same treatment in a county jail facility under then- existing section 4019. The matter is remanded…