Dept. of Corrections & Rehabilitation v. Super. Ct.
Annotate this CaseDefendant served a two-year prison term and was released on parole to Sutter County. Thereafter, in violation of his parole conditions, defendant cut off his global positioning system (GPS) monitor and possessed pepper spray. The Sutter County District Attorney brought parole revocation proceedings, and during the proceedings defendant moved to modify his parole conditions so that he could reside in Butte County. The district attorney supported the motion, pointing out that defendant’s last legal residence was Butte County, that treatment and rehabilitation programs are available in Butte County, and that the plan was to place him in Butte County, but “for some reason,” he was placed in Sutter County instead. No one at the parole revocation hearing, including the district attorney and the parole agent, objected to the parolee’s request to reside in Butte, rather than Sutter, County. The trial court revoked his parole, and pursuant to section 3000.08 of the Penal Code, amended as a part of the Public Safety Realignment Act (Realignment Act), changed the conditions of his parole, including his county of residency. The court expressly stated it was not changing his parole placement. The Attorney General thereafter intervened on behalf of the Department of Corrections and Rehabilitation and moved to vacate the condition that allowed defendant to reside in Butte County. The district attorney opposed the motion. The Attorney General argued, as she did on appeal, that by enacting the Realignment Act the Legislature did not intend to give superior courts the authority to transfer violent parolees to other counties without regard for the advance notice requirements of section 3058.6 or to abandon the comprehensive statutory scheme governing parolee placement (section 3003). As a matter of law and despite the many good reasons justifying the trial court’s order, the Court of Appeal agreed with the Attorney General and issued a writ of mandate compelling the trial court to vacate its order granting defendant’s motion to reside in Butte County.
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