Ryan

The basic principle of fairness dictates that we reverse the order excluding appellant from the California Rehabilitation Center (CRC). The order was predicated on appellant having been attacked at CRC by three fellow inmates as he slept. We hold that the decision to preclude treatment cannot be based upon the inmate’s status as a crime victim. To quote a popular phrase, “victims have rights too.” Conspiring violent CRC inmates may not dictate who should be treated there.

In 1990 appellant was convicted of possessing heroin (Health & Saf. Code, § 11350, subd. (a)) and placed on probation. Thereafter, he was arrested for narcotics-related violations, found in violation of probation, and sentenced to state prison for three years. The prison sentence was suspended and appellant was determined to be a narcotic addict or in imminent danger of becoming one. He was committed to CRC.

While receiving treatment for narcotic addiction at CRC, appellant was attacked by three fellow inmates as he slept. This fact was not in dispute. At the exclusion hearing in superior court, the District Attorney stipulated “. . . to the fact that Mr. Ryan was in fact initially the victim of an…