In Re Rhodes

— The People appeal from the order of the superior court granting the respective petitions for writ of habeas corpus of state prisoners William Rhodes and Bryant Colton (collectively petitioners). The superior court concluded the Director of the Department of Corrections (Director) had abused his discretion in failing to assign each petitioner to a prison “nearest the prisoner’s home.” (Pen. Code, § 5068.)

We shall conclude that the Director did not abuse his discretion in exercising his authority to designate the prison in which petitioners were to be housed. Accordingly, we shall reverse with directions to the superior court to deny both petitions.

Penal Code section 5068 (section 5068) states in relevant part: “The Director of Corrections shall cause each person who is newly committed to a state prison to be examined and studied. This includes the investigation of all pertinent circumstances of the person’s life such as the existence of any strong community and family ties, the maintenance of which may aid in the person’s rehabilitation, and the antecedents of the violation of law because of which he or she has been committed to prison. Any person may be reexamined…