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IN RE JENKINS

No. S175242.

50 Cal.4th 1167 (2010)

116 Cal. Rptr. 3d 790

240 P.3d 260

In re HARVEY ZANE JENKINS on Habeas Corpus.

Supreme Court of California.

October 28, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Jessica N. Blonien , Anya M. Binsacca , Jennifer A. Neill and Christopher J. Rench , Deputy Attorneys General, for Appellant State of California.

Linnéa M. Johnson , under appointment by the Supreme Court, and S. Lynne Klein , under appointment by the Court of Appeal, for Respondent Harvey Zane Jenkins.

OPINION

CHIN, J. —

A prison inmate's participation in a prison work program may favorably affect that inmate's custody level. Such participation can cause the inmate to be considered a reduced security risk, which in turn may cause the inmate to be placed in a lower security level institution. We must decide whether an inmate who is willing to work but, without his or her fault, is not assigned to a work program may receive the benefit...

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