In re Trummer

This matter is before us on an order to show cause issued upon an application for writ of habeas corpus filed on behalf of George Joseph Trummer (hereinafter referred to as petitioner) who is presently on parole from the California Rehabilitation Center under an order for commitment as a narcotics addict entered by the superior court pursuant to article 2, chapter 11, title 7, of part III of the Penal Code (in particular, § 6451, which deals with commitment to that facility of a person convicted of “any crime in any superior court”).

Petitioner first contends that chapter 11, title 7, part III, of the Penal Code is unconstitutional because (a) it imposes criminal penalties for an illness—narcotics addiction—and (b) it commits petitioner to the custody of the chief penal officer of the state. These and similar contentions were considered in In re De La O (1963) 59 Cal.2d 128, 137 [1] - 148 [11] [ 28 Cal.Rptr. 489 , 378 P.2d 793 ], where, for the reasons set forth in our opinion in that case, they were rejected as being without merit.

Petitioner also contends that he should be released from parole because he is no longer addicted to narcotics, and the state may not detain a…