City of Susanville v. Department of Corrections & Rehabilitation

*380 Opinion

—After Loren Herzog completed his sentence for voluntary manslaughter and accessory to three murders, California’s Department of Corrections and Rehabilitation (Department) was faced with the onerous and thankless task of finding a suitable parole placement for him, made all the more difficult by statutory restrictions on where he could live and by public outcry against placement anywhere. Ultimately, the Department provided Herzog a trailer located within a fenced-in compound on the grounds of High Desert State Prison and imposed severe restrictions on his movement. The City of Susanville and the County of Lassen filed a petition for a writ of mandamus to remove Herzog. The trial court ruled that his placement in Lassen County was not in the best interests of the public and ordered the Department to transfer Herzog out of Lassen County forthwith. The Department appeals.

Following oral argument in this matter, the Department informed the court of the parolee’s death. We requested the parties to provide letter briefs on the question of whether the death rendered the appeal moot. The Department argues the parolee’s death prevents the court from providing any relief in…