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IN RE CUMMINGS

Docket No. Crim. 21978.

30 Cal.3d 870 (1982)

640 P.2d 1101

180 Cal. Rptr. 826

In re RAY CUMMINGS on Habeas Corpus.

Supreme Court of California.

February 18, 1982.

Attorney(s) appearing for the Case

COUNSEL

Michael Satris and Donald Specter, under appointments by the Supreme Court, Kelley Burg and Charles Bishop for Petitioner.

Quin Denvir, State Public Defender, and Harvey R. Zall, Deputy State Public Defender, as Amici Curiae on behalf of Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien and William D. Stein, Assistant Attorneys General, Gloria F. DeHart, John T. Murphy, Thomas A. Brady and Karl S. Mayer, Deputy Attorneys General, for Respondent.

OPINION

RICHARDSON, J.

The Department of Corrections (Department) has adopted regulations which allow certain prisoners overnight visitation with their "immediate family." Such visitation usually occurs in a guarded mobilehome, extends for two or three days, and includes the exercise of conjugal rights. Petitioner challenges as arbitrary and unreasonable the Department's eligibility restrictions but we uphold its action.

The...

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