C.A. 2nd;
B284060

The Second Appellate District granted a petition for writ of habeas corpus. The court held that the expiration of probation deprived a sheriff from taking a former probationer into custody for his failure to comply with the terms of a work release program.

At a 2007 probation violation hearing, Jesse Barber was sentenced to three years in prison, execution suspended, and continued on formal probation on condition that he serve 365 days in jail. After his remand to the custody of the Los Angeles Sheriff's Department, the sheriff allowed Barber to complete his jail sentence through a work release program, as authorized under Penal Code §4024.2). When he failed to complete the program, the sheriff issued an “IRC Want” for Barber's arrest in 2010. Despite repeatedly having been in custody or in court in 2011 and 2012, Barber was not arrested on the IRC Want until May 2017, by which time his probation had long since expired. Notwithstanding the expiration of probation, the sheriff claimed authority to confine Barber under §4024.2, which provides that if a person violates the terms of a work release program the sheriff may take the person into custody to serve the remainder of his or her “sentence.”