In Re Stevens

A convicted child molester serving a prison sentence is released on parole. A parole condition prohibits his use of computers and the Internet, although his crime did not involve a computer. We conclude this prohibition is unreasonable.

BACKGROUND

In 1997, Ramon Stevens pled guilty to one count of lewd conduct inflicted upon a child under the age of 14. (Pen. Code, § 288, subd. (a).) Stevens had befriended the victim in a youth program. After his arrest, police seized an album of photographs of naked boys and a video recording of Stevens having sex with an adult male. A search of Stevens’s home computer revealed it was not used to download child pornography, to contact the victim, or to commit a crime.

On July 12, 2002, the authorities released Stevens from prison and placed him on parole. A special term of his parole stated: “You shall not possess or have access to computer hardware or software including the internet.” Stevens complains that this condition is unreasonable and frustrates his ability to earn a living.

Stevens petitioned the superior court for habeas corpus. He asserted that the condition of parole restricting his Internet use 1) bore no connection to…