In re the Personal Restraint Petition of Fogle

— Following this court’s decision in In re Mota, 114 Wn.2d 465, 472, 788 P.2d 538 (1990), holding the Department of Corrections’ (DOC) denial of earned early release credit to presentence detainees in county jails violated equal protection, the Legislature amended the sentencing statute to authorize the county jails to establish earned early release credit policies. RCW 9.94A. 150(1). Now we are asked to review the constitutionality of those county jail policies: presentence detainees receive earned early release credit, but less than that available under DOC policy. We hold county jail…