There is no equal protection violation when presentence credits are not applied to a commitment to a state hospital for competency treatment pursuant to Penal Code section 1370, subdivision (c)(1). The defendant pending a criminal trial was found incompetent to stand trial, later found to be competent, and then found incompetent again and committed. The court calculated his time in custody and his conduct credits, but did not deduct it to reduce the commitment such that he would “credit out” of the commitment. The commitment is for either three years from the date of commitment, or a period equal to the maximum term provided for the most serious charged offense, whichever is shorter.