In Re Lopez
Opinion
Opinion
Rickles, J.
On November 24, 1982, petitioner Sammy C. Lopez was committed to the California Rehabilitation Center (CRC) at Norco. On June 12, 1984, he was released on parole. On June 14, 1984, he submitted to an anti-narcotics test which resulted in a positive morphine reading. On June 27, 1984, petitioner was arrested for use of heroin. In his possession officers found a purple bandana wrapped around two syringes with needles, two plungers, a pair of tweezers, two burnt bottle caps, and two cut sections of a rubber balloon. Petitioner admitted injecting heroin on June 25, 1984. He was returned to the CRC as a parole violator on July 5, 1984.
Lopez now petitions for a writ of habeas corpus, contending he is being wrongfully held by the CRC. He asserts, under Penal Code section 3057, confinement pursuant to a revocation of parole may not exceed 12 months. The Welfare and Institutions Code, which regulates civil commitment in the CRC, contains no such 12-month limitation. Petitioner con- eludes the CRC’s failure to release him after 12 months is a denial of his right to equal protection. As ordered by the Supreme Court, our review is limited to this one issue.