In Re Lusero

By petition for writ of habeas corpus, inmate Loren R. Lusero challenges his assignment to a security housing unit (SHU) for a fixed term with a minimum eligible release date of August 28, 1995. The assignment was made by respondent through an institutional classification committee (ICC) when Lusero was committed to the Department of Corrections for 19 years after his conviction for robbery and other offenses. The ICC based the assignment on its authority under title 15, California Code of Regulations, section 3341.5, subdivision (c)(5) (hereafter section 3341.5(c)(5)), to reimpose an unexpired, fixed SHU term on a previously paroled prisoner who “returns to prison, either as a parole violator or with a new prison commitment. . . .”

Respondent interprets the words “or with a new prison commitment” to encompass persons previously discharged from parole at the time of the new commitment. Petitioner urges, however, that since he had successfully completed parole, section 3341.5(c)(5) does not apply to him. We agree, finding respondent’s interpretation of the section unreasonable.

Background

Petitioner was paroled from a prior prison commitment in 1988. At the time of his…