McCarthy

McCarthy v. Superior Court

Good Law
191 Cal. App. 3d 1023·1987 Cal. App. LEXIS 1701·236 Cal. Rptr. 833
Court of Appeal of CaliforniaMay 8, 1987A038425California3,668 words

Opinion

Opinion

Petitioners Daniel McCarthy, Director of the California Department of Corrections, Ron E. Koenig, Chairman of the California Board of Prison Terms, Edward Veit, deputy director of the California Department of Corrections, and the California Department of Corrections seek extraordinary relief to compel respondent court to vacate and set aside its orders denying their motion for change of venue and restraining and enjoining them from returning Lawrence Singleton, a paroled inmate, to the County of Contra Costa. For reasons we shall explain, we determine that state parole officials are statutorily authorized to return a released parolee to the county from which the parolee was committed, i.e., committed to prison, or to such other county as would serve the best interests of the public and the parolee. (Pen. Code, § 3003, subds. (a), (b).) We further determine that the exercise of such statutory authority by state parole officials may not be enjoined but is subject to judicial review for any palpable abuse of discretion. Finally, we will conclude that where, as here, the underlying action is brought by a county or other local agency against a nonresident, the action must—upon…

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