Williams v. Superior Court

In Morrissey v. Brewer (1972) 408 U.S. 472 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ] (Morrissey), the United States Supreme Court held that a parolee is entitled to certain procedural due process protections before parole may be revoked. (Id. at pp. 482-484.) Among these is the right to a prompt evidentiary hearing on whether probable cause exists to believe the parolee violated a condition of parole. (Id. at pp. 484, 487.)

“In 2011, California began enacting legislation, commonly known as ‘Realignment,’ that significantly altered the state’s criminal justice system.” (Valdivia v. Brown (E.D.Cal. 2013) 956 F.Supp.2d 1125, 1126 (Valdivia III)) This legislation established, inter alia, a uniform process for revocation of probation, parole, and postrelease supervision of felons. (Stats. 2012, ch. 43, § 2, subd. (a).) The Legislature intended this uniform procedure to comply with Morrissey's due process requirements. (Stats. 2012, ch. 43, § 2, subd. (b).) Under this uniform procedure, the court has jurisdiction over petitions for revocation of supervision (including parole). (§ 1203.2, subds. (a), (b).)

Petitioner Wendy Joy Williams contends that, in the wake of realignment, the…