Sabatasso

Penal Code section 2713.1 (all further statutory references are to this code unless otherwise stated) provides that upon release from prison, a prisoner is to be paid $200. The question before us is whether that $200 allowance is owed to a prisoner who, upon being paroled, is not released into the community but is transferred to another law enforcement agency in California to be held for evaluation and possible trial as a sexually violent predator under Welfare and Institutions Code section 6600 et seq. (Sexually Violent Predator Act; SVPA). We conclude that California Code of Regulations, title 15, section 3075.2, subdivision (d) (title 15, section 3075.2, subdivision (d)), which would prohibit payment, is void to the extent explained below. Under section 2713.1 petitioner is entitled to the allowance and we grant the petition.

FACTUAL AND PROCEDURAL HISTORY

In 1994 petitioner William Sabatasso was sentenced to a 26-year term for second degree robbery; in March 2007 he was paroled. After the Board of Parole Hearings placed him on a 45-day hold, he was released to the Orange County Sheriff’s Office pending an evaluation as a sexually violent predator and possible…