In Re Nolasco

The People have appealed from judgments granting respondents’ petitions for writs of habeas corpus directing the release of respondents from prison on the ground that the extension of their parole revocation release dates pursuant to subdivision (c) of Penal Code section 3057 (hereafter subdivision (c)), amounted to unconstitutional ex post facto punishment. (U.S. Const., art. I, § 10; Cal. Const., art. I, § 9.) The People also seek reversal of the trial court’s order enjoining application of section 3057, subdivision (c) to any similarly situated prisoners—i.e., prisoners whose commitment offenses occurred before the effective date of the statute, January 1, 1984.

In accordance with subdivision (a) of section 3057, “[c]onfinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison ...” cannot exceed 12 months. Until subdivision (c) was added to section 3057, a parolee serving a revocation term imposed for a parole violation was not subject to additional penalties for acts of misconduct committed in prison. Effective on January 1, 1984, subdivision (c) provides, in pertinent part: “Notwithstanding the limitation of subdivision…