In Re Semons

The warden of San Quentin and the Director of the Department of Corrections (hereafter collectively referred to as the Department) appeal from an order directing that when the Department suspects a prisoner of possessing a controlled substance and a field test of a certain type has been performed indicating that the substance is controlled, written notice of a charge of possession of a controlled substance must be given to the prisoner within 15 days of the field test under Penal Code section 2932, subdivision (c)(1) (hereafter section 2932(c)(1)). The Department’s interpretation of this statute is that the 15-day notice period does not commence to run until it has received a laboratory report confirming that the substance is contraband. We conclude that the trial court erred and reverse the order.

Alexander Semons filed the habeas corpus petition herein on October 17, 1986. He alleged that on August 10, 1986, a substance suspected to be heroin was seized from his immediate area in San Quentin, and a field test conducted the next day indicated that the substance was in fact heroin. Twenty-four days later, on September 4, 1986, the suspected contraband was delivered by…