People v. Ryan

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…