In re Brown

INTRODUCTION

In 2017, the Legislature codified the Elderly Parole Program, which became effective January 1, 2018. (Pen. Code, § 3055, subd. (a),1 added by Stats. 2017, ch. 676, § 3.) This program is administered by the parole board for purposes of reviewing the parole suitability of elderly prisoners. Section 3055 excludes certain prisoners from parole, including those who were sentenced pursuant to the “Three Strikes” law.2 (§ 3055, subd. (g).) An important issue before us is the timing of the Three Strikes exclusion under section 3055, subdivision (g). Petitioner Eliel Elpidio Brown contends that this exclusion only applies if a defendant is sentenced pursuant to the Three Strikes law to commence prison custody. In petitioner’s case, he was not originally sentenced under the Three Strikes law but, while in prison, he was convicted of a new crime and sentenced pursuant to the Three Strikes law. According to petitioner, he was still eligible for early parole release. After he filed the present petition for writ of habeas corpus, petitioner was released from prison. Petitioner’s release renders moot at least some of the issues which he had raised. At oral argument in this matter,…