California v. ToussainAnnotate this Case
The trial court found the California Department of Corrections and Rehabilitation (CDCR) lacked authority to supervise defendant Charles Toussain on parole because his commitment offense, failing to register as a sex offender, was not a crime that subjected him to classification as a high-risk sex offender. The court dismissed CDCR’s petition alleging Toussain violated parole by tampering with his electronic monitoring device, and directed that county officials supervise Toussain under the post-release community supervision (PRCS) program. The Attorney General appealed the order dismissing the petition, contending the Legislature authorized CDCR to classify the risk of reoffense posed by all registerable sex offenders released from prison, and therefore the offender’s current commitment offense was not determinative if CDCR has assessed the person as a high-risk sex offender. After review, the Court of Appeal agreed the Legislative scheme required parole supervision for anyone CDCR has classified as a high-risk sex offender, regardless of the current commitment offense. Accordingly, the Court reversed.