In re Ricks

Respondent Ricks was paroled from Folsom prison in July 1971. He was arrested in Humboldt County on a narcotics charge in September 1972. His parole agent recommended his commitment to the Narcotic Treatment and Control Unit for treatment (Health & Saf. Code, § 11751). Relying upon Morrissey v. Brewer, 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ], Ricks sought habeas corpus. The trial court agreed that Morrissey requires a due process hearing and ordered that Ricks not be committed to the NTCU until the hearing was held. Pursuant to the order, Ricks was released from jail. The People appeal.

The applicability of the two-step process required by Morrissey for revocation, cancellation or suspension of parole or probation has been fully recognized in California (People v. Vickers, 8 Cal.3d 451 [ 105 Cal. Rptr. 305 , 503 P.2d 1313 ]; People v. Nelson, 8 Cal.3d 463 [ 105 Cal. Rptr. 314 , 503 P.2d 1322 ]; In re Prewitt, 8 Cal.3d 470 [ 105 Cal.Rptr. 318 , 503 P.2d 1326 ]). We recognize that the code section authorizing NTCU commitment provides that such commitment is not a suspension, cancellation or revocation of parole. Similarly, we note that section 11751 limits the NTCU…