People v. Superior Court (Peterson)

The People, by petition for a writ of mandate , seek to vacate a sentencing order requiring Bryan Scott Peterson to serve 200 days in the custody of a private, noncontract work furlough facility. The People contend under Penal Code section 1208, only the work furlough administrator has the discretion to place a convicted person in a work furlough facility and any private facility must be under contract to serve as a place of confinement for county prisoners. Peterson argues his placement in work furlough is proper as a reasonable condition of probation under section 1203.1 and authorized by section 2900.5, subdivision (f). We conclude the court lacked jurisdiction to place Peterson in work furlough either directly or as a condition of probation. Additionally we determine a noncontract facility may not be used for custody of county prisoners. Accordingly we grant the petition.

Factual and Procedural Background

El Cajon police officers searched Peterson’s residence pursuant to a warrant on March 12, 1992. They found approximately eight pounds of marijuana, two rifles and nunchaku. Peterson was charged with possessing marijuana for sale while armed with a firearm (Health &…