In Re Bennett

TRAYNOR, C. J.

Petitioner, an inmate of Folsom State Prison, seeks a writ of habeas corpus on the ground that the Adult Authority unlawfully revoked his parole and denied him credit on his prison term for the time he spent in Atas-cadero State Hospital under commitment orders of the Los Angeles Superior Court.

On December 29, 1958, petitioner was sentenced to imprisonment in the state prison for the term prescribed by law for a violation of Penal Code section 487.2 (grand theft from the person of another). On January 8, 1959, he began serving his sentence, which had a 10-year maximum. (Pen. Code, §§ 489 and 2900.) Petitioner was paroled in 1960, but in 1961 this parole was revoked, and his term was refixed at the maximum. In July 1962, the Adult Authority tentatively fixed his term at six and one-half years with parole for two and one-half years "and set July 9, 1965 as the new discharge date. On January 9,1963, petitioner was released on parole.

In May 1963 an information charged petitioner with violations of Penal Code sections 207 and 288a. In July 1963 the Los Angeles Superior Court found him to be presently insane and committed him to Atascadero State Hospital for care and treatment. (Pen. Code, §§ 1370-1372.)

In August 1963 the Adult Authority cancelled petitioner’s

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parole and ordered his return to prison on the basis of a parole report specifying three violations of petitioner’s conditions of parole as cause for this action; (1) petitioner changed his residence in March 1963 without permission of his parole agent, (2) petitioner failed to submit monthly reports since March 1963, and (3) petitioner violated Penal Code sections 207 and 288a.

Petitioner remained at Atascadero until January 1966, when it was determined that he had sufficiently recovered his sanity to stand trial. He was then returned to the superior court. After a trial he was found not guilty by reason of insanity. The court determined that he had not fully recovered his sanity and recommitted him to Atascadero pursuant to Penal Code section 1026. On October 31, 1967, the superior court found petitioner to be then sane and ordered his release.

On November 8, 1967, petitioner was taken into custody by the Adult Authority. A new parole report charged petitioner with the 1963 violations and with changing his residence upon his release by the superior court from Atascadero to Los Angeles without permission of his parole agent. The report stated that petitioner was presently sane but that the Atasca-dero authorities considered him still extremely dangerous. The report “recommended that he be returned to prison at this time, for the protection of society.” The Adult Authority arrived at a new date of discharge, March 30, 1973, by adding to the maximum sentence the four years, three months and twenty-one days between the cancellation of petitioner’s parole in 1963 and his return to the custody of the Adult Authority. On January 26, 1968, petitioner pleaded guilty to the parole violation charges, and after a hearing the Adult Authority revoked his parole.