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TERHUNE v. SUPERIOR COURT

No. A081264.

76 Cal.Rptr.2d 841 (1998)

65 Cal.App.4th 864

C.A. TERHUNE, as Director, etc., Petitioner, v. The SUPERIOR COURT of Contra Costa County, Respondent; Barry Whitley, Real Parly in Interest.

Court of Appeals of California, First District, Division One.

July 24, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Peter J. Siggins, Senior Assistant Attorney General, Morris Lenk, Supervising Deputy Attorney General, Bruce M. Slavin, Greg Mangani, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Charles H. James, Public Defender, Ron Boyer, Deputy Public Defender, for Real Party in Interest.

Rowan K. Klein, Klein & Crain, Santa Monica, Donald Specter, Arnold Erickson, San Quentin, Prison Law Office, Michael P. Judge, Public Defender, Albert J. Menaster and John J. Vacca, Deputy Public Defenders, for Amicus Curiae.

STRANKMAN, Presiding Justice.

The Board of Prison Terms (the Board) has promulgated numerous regulations relating to conditions of parole and revocation of parole, which appear in title 15 of the California Code of Regulations. Section 2616 of those regulations lists "kinds of behavior" that must be reported to the Board as a parole violation. Subdivision (a)(7) of section 2616 (hereafter section 2616(a)(7)), states:

"Psychiatric Treatment. Facts indicating...

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