In re Jesse Barber On Habeas Corpus

*370 At a probation violation hearing, petitioner Jesse Barber was sentenced to three years in prison, execution suspended, and continued on formal probation on the condition that he serve 365 days in jail. After his remand to the custody of the Los Angeles Sheriff's Department (the sheriff or sheriff's department), the sheriff allowed Barber to complete his jail sentence through a work release program ( Pen. Code, § 4024.2 ). 1 When he failed to complete the program, the sheriff issued an "IRC Want" for Barber's arrest in 2010. Not until May 2017 was Barber arrested on that IRC Want. In the interim, Barber's probation expired in 2012. Notwithstanding the expiration of probation, the sheriff claimed authority to confine Barber under section 4024.2, which provides that if a person violates the terms of a work release program the sheriff may take the person into custody to serve the "remainder" of his or her "sentence." Barber therefore filed a petition for writ of habeas corpus challenging the legality of his confinement. We agree he is being illegally held and grant the petition.

BACKGROUND

In 2007, Barber pled no contest to second degree commercial burglary (§ 459). On November…