People v. Ryan

[1857]

Opinion

YEGAN, J.

The basic principle of fairness dictates that we reverse the order excluding appellant from the California Rehabilitation Center (CRC). The order was predicated on appellant having been attacked at CRC by three fellow inmates as he slept. We hold that the decision to preclude treatment cannot be based upon the inmate’s status as a crime victim. To quote a popular phrase, “victims have rights too.” Conspiring violent CRC inmates may not dictate who should be treated there.

In 1990 appellant was convicted of possessing heroin (Health & Saf. Code, § 11350, subd. (a)) and placed on probation. Thereafter, he was arrested for narcotics-related violations, found in violation of probation, and sentenced to state prison for three years. The prison sentence was suspended and appellant was determined to be a narcotic addict or in imminent danger of becoming one. He was committed to CRC.

While receiving treatment for narcotic addiction at CRC, appellant was attacked by three fellow inmates as he slept. This fact was not in dispute. At the exclusion hearing in superior court, the District Attorney stipulated “. . . to the fact that Mr. Ryan was in fact initially the victim of an assault; that he wasn’t the aggressor.”

After the attack, appellant was concerned for his future safety. So was the warden at CRC. Notwithstanding appellant’s desire to continue treatment at CRC, the warden returned appellant to the superior court noting: “It is our evaluation that he is not amenable [for treatment] because his fear for his safety precludes his ability to program in the open dormitory setting of the Civil Addict Program at the California Rehabilitation Center.”

In upholding the exclusion, the superior court said: “The warden of the California Rehabilitation Center has excluded the defendant as unsuitable. This Court is very limited in . . . ability to review that decision, [f] I can’t second guess what the staff at CRC has done. The law is designed to give them that sort of discretion. Whether I as a Judge would have come to the same conclusion that those people came to based on the same amount of or the same evidence is not what I can do. HQ I can look at what’s before me now, look at the record before me. If there’s anything in there to support the decision then the decision stands. I cannot find that abuse of discretion. [f] The motion is denied. The defendant is excluded and this Court will not interfere with that decision. fi[]. . . [][] Now, I think it’s unfortunate. I think Mr. Ryan needs treatment. I agree with him. But the people that are there to provide that treatment have decided that he can’t—they can’t treat him in the program as it exists, and there’s nothing I can do about that. I sympathize with him. But I today am going to order that this three year sentence be ordered [into] full force and effect.”