Agreeing with People v. Yang (2022) 78 Cal.App.5th 120, and disagreeing with People v. Orellana (2022) 74 Cal.App.5th 319, the Court of Appeal holds that, as a matter of equal protection, defendant is entitled to presentence conduct credits under PC 4019 for time spent receiving competency treatment in the state hospital. The court finds that defendants who receive competency treatment in the state hospital are similarly situated to defendants who receive competency treatment in county jail, and there is no justification for granting presentence conduct credits to the latter group but not the former.
Note: SB 317 recently amended PC 4019 to expressly grant defendants presentence conduct credits for time spent receiving competency treatment in the state hospital.