Homan

Petitioner Dexter L. Homan asks this court to declare unconstitutional a provision of the state Budget Act which excludes persons convicted of certain sex crimes from receiving family visits in prison. We agree with petitioner that the provision violates the California Constitution’s “single subject” rule and direct respondent James Gomez, as Director of the California Department of Corrections, to refrain from enforcing the unconstitutional provision.

Background

In 1983 petitioner pled guilty to 11 sex offenses against children including several violations of Penal Code section 288; he was sentenced to 35 years and 4 months in prison. According to the undisputed allegations of the petition, petitioner while in prison has continuously worked in a full-time assignment (privilege group Al-A) qualifying him for family visits pursuant to title 15, California Code of Regulations, section 3044, subdivision (d)(3)(A). Under this provision, petitioner visited with his parents. As with all prisoners, he is subject to restrictions on visits from persons under 18 {id. at § 3174, subd. (c)) and, because of his offenses, he is subject to additional restrictions involving visits from…