In re Butler

This is a companion case to In re De La O (Crim. 7208), ante, p. 128 [ 28 Cal.Rptr. 489 , 378 P.2d 793 ], also decided this day.

Proceedings for the commitment of John Frank Butler (hereinafter called petitioner) to the California Rehabilitation Center as a narcotics addict (in other words, for therapeutic treatment for narcotic drug addiction) were instituted pursuant to Penal Code sections 6500-6510, which deal with commitment to that facility of “persons not charged with a crime.” A hearing was duly scheduled to determine whether petitioner *158 “is addicted to the use of narcotics or in imminent danger of addiction.” (Id., § 6506.) A petition for the writ of habeas corpus was filed in this court on behalf of petitioner by his attorney, and the superior court suspended the proceedings pending our disposition of the petition. Because we at that time entertained some doubt as to the possible significance of the decision of the United States Supreme Court in Robinson v. California (1962) 370 U.S. 660 [ 82 S.Ct. 1417 , 8 L.Ed.2d 758 ], we directed an order to show cause to issue and ordered petitioner released on bail.

Petitioner attacks the constitutionality of Penal Code…