In Re Roa

The People appeal from the order granting respondent Peter Coll Roa’s petition for writ of habeas corpus after the trial court found that extension of respondent’s parole was unlawful.

The People contend, among other things, that the superior court misconstrued Penal Code section 3001, subdivision (a). Roa was not automatically discharged from parole because of the failure to provide written notice within the same 30-day period in which the Board of Prison Terms must act to retain him on parole. We agree and reverse.

On February 20, 1989, Roa was paroled from prison after serving a term for attempted child molestation (Pen. Code, §§ 664/288, subd. (a)). His controlling discharge date was February 20, 1992.

On March 5, 1990, Roa’s parole officer left written instructions at Roa’s home address for him to report the following day. Roa failed to do so. On March 9, his parole officer wrote in her discharge review that Roa had not attended the required parole outpatient clinic on two occasions, that a physician who said Roa’s participation was minimal did not recommend discharge, that Roa had displayed “a passive-avoidant stance” toward required treatment, and that discharge…