California Court of Appeal

Order requiring defendant to serve 60 days in jail for committing a nonviolent drug possession (NVDP) violation of his postrelease community supervision conditions is reversed, where: 1) Proposition 36 prohibits the Board of Parole Hearings from incarcerating a parolee based on his or her commission of an NVDP crime or violation of a drug-related parole condition; and 2) the Postrelease Community Supervision Act (Penal Code section 3450 et seq.), which authorizes the court's order here and through which persons who violate a condition of their postrelease community supervision may be incarcerated and their supervision may be revoked, improperly amends Proposition 36 and thereby violates the California Constitution.

Appellate Information

• Decided 01/20/2015
• Published 01/20/2015

Judges

• Ikola

Court

• California Court of Appeal

Counsel