In Re Hudson

Appellant, the California Department of Corrections and Rehabilitation (Department), appeals the order granting Davey Wayne Hudson’s habeas corpus petition. The order invalidated a special condition of Hudson’s parole that prohibited him from possessing or having access to computers, the Internet, or camera equipment absent permission from the Department of Adult Parole Operations (DAPO). The superior court granted the petition, finding the condition both unreasonable and overbroad.

The Department argues that the petition should not have been heard because Hudson failed to exhaust his administrative remedies. The Department also argues that the disputed parole condition was neither unreasonable nor overbroad. We agree with the superior court that Hudson exhausted his administrative remedies. After reviewing the record, however, we find that the parole condition is reasonable and appropriate under the circumstances of this case. We therefore reverse.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In 1998 in Contra Costa County Hudson was convicted by plea of lewd conduct with a child under the age of 14. (Pen. Code, § 288, subd. (a).) The victim was an 11-year-old boy who…