Department of Corrections & Rehabilitation v. Superior Court

The Attorney General seeks a writ of mandate compelling the superior court to vacate its order permitting a parolee to change his place of residence. The facts in this case suggest there has been no abuse of discretion or miscarriage of justice to merit writ relief. No one at the parole revocation hearing, including the district attorney and the parole agent, objected to the parolee’s request to reside in Butte, rather than Sutter, County. A written report suggested an array of services available to the parolee in Butte County, whereas the parole agent provided but one possible service available in Sutter County. While paroled for convictions of theft of a vehicle and failure to appear in Sutter County, defendant Demond Charles Brackett was supervised from yet another county, Placer, and compelled to take two buses and a train to get to the parole office. The trial court revoked his parole and, pursuant to section 3000.08 of the Penal Code, amended as a part of the Public Safety Realignment Act (Realignment Act), changed the conditions of his parole, including his county of residency. (Stats. 2011, ch. 15.) The court expressly stated it was not changing his parole…