York, In re

• Decision Date: 27 April 1995
• Docket Number: No. S032327,S032327
• Citation: 40 Cal.Rptr.2d 308,9 Cal.4th 1133
• Parties: , 892 P.2d 804 In re David Anthony YORK et al., On Habeas Corpus. In re Johnny CADENAZ et al., On Habeas Corpus. In re Paul Blaise ATKINS et al., On Habeas Corpus.
• Court: California Supreme Court

Page 308

40 Cal.Rptr.2d 308

9 Cal.4th 1133, 892 P.2d 804

In re David Anthony YORK et al., On Habeas Corpus In re Johnny CADENAZ et al., On Habeas Corpus In re Paul Blaise ATKINS et al., On Habeas Corpus.

No. S032327.

Supreme Court of California.

April 27, 1995.

Stuart R. Rappaport, Public Defender, Stephen B. Elrick, Deputy Public Defender, Palo Alto, for petitioners.

Ann Brick, Grossman & Gibbs and Lawrence A. Gibbs as amici curiae on behalf of petitioners.

George W. Kennedy, Dist. Atty., and Joseph V. Thibodeaux, Deputy Dist. Atty., for respondents.

Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Ronald A. Bass, Asst. Atty. Gen., Ronald E. Niver and Clifford K. Thompson, Deputy Attys. Gen., Thomas Sneddon, Jr., Dist. Atty. (Santa Barbara) and Gerald McC. Franklin, Deputy Dist. Atty., as amici curiae on behalf of respondents.

GEORGE, Associate Justice.

We granted review in this case to determine whether, in making the decision to release an accused from custody on his or her own recognizance (OR) prior to judgment, a court or magistrate may condition such release upon the defendant's agreement to submit to random drug testing and warrantless search and seizure during that period. Petitioners maintain that the imposition of such conditions is not permitted by the statutory provision governing OR release, and, in any event, violates various constitutional guarantees.

For the reasons set forth below, we conclude that neither the statutory nor the constitutional provisions upon which petitioners rely prohibit a court, in appropriate circumstances, from conditioning OR release upon a defendant's agreement to comply with these challenged terms.

I.

The proceedings in this case were brought on behalf of 11 named individuals, each of whom had been charged with having committed one or more felonies involving controlled substances. Unable to post the bail prescribed for their offenses by the bail schedules, petitioners were given the choice of remaining in custody pending trial upon the charges, or obtaining OR release upon their agreement to comply with specified conditions, including those requiring that petitioners "[s]ubmit to drug [and, in some instances, alcohol] testing" and "[p]ermit search and seizure of his/her person, residence, and vehicle by any peace officer without a search warrant." ¹ Several of the petitioners objected to these conditions when they initially were proposed, but the judge or magistrate refused to order OR release without them. In each case, the conditions were listed on a court-generated form entitled "RELEASE ON: SUPERVISED OWN RECOGNIZANCE," and an "X" had been placed on the form in the box to the left of various conditions. These conditions were imposed categorically upon petitioners, without individualized consideration of the facts alleged in each case, such as whether an individual petitioner had any prior drug-related convictions, had admitted drug use, or had received drug test results indicating drug use.

The record indicates that the magistrate who imposed the drug testing and search conditions upon all but two of the petitioners did so as a matter of course or as an established policy in cases involving the alleged commission of drug-related felonies. ² The pretrial release officer assigned to the magistrate's court testified that the public defender routinely objected to these conditions being imposed upon petitioners (and upon other public defender clients), but that the magistrate overruled these objections without explanation for the imposition of these conditions, other than "take it or leave it."

After consolidating petitioners' cases, the Court of Appeal held that a court or magistrate may, in appropriate circumstances, condition a defendant's OR release upon a defendant's agreement to submit to random drug testing and warrantless search and seizure. In the view of the appellate court, such OR release conditions are permissible if, after considering the specific facts and circumstances of a defendant's case, the court or magistrate determines that these facts and circumstances reasonably justify their imposition. Because the court or magistrate in the present proceedings failed to make an individualized determination as to the reasonableness of the conditions imposed upon petitioners, based upon all the circumstances presented in each petitioner's case, the Court of Appeal issued writs of habeas corpus, vacating those portions of the supervised OR release orders that required submission to random drug testing and warrantless search and seizure, and allowing the prosecutor 30 days to request additional conditions of OR release for any such petitioner.

Petitioners sought review in this court, challenging that portion of the Court of Appeal's decision holding that, under certain circumstances, a court or magistrate may condition OR release upon a defendant's agreement to submit to random drug testing and warrantless search and seizure. Petitioners contend the imposition of such conditions upon OR release is contrary to the applicable California statute and violates several provisions of the federal and state Constitutions. We granted review to consider these issues. ³

II.

Article 1, section 12, of the California Constitution establishes a person's right to obtain release on bail from pretrial custody, identifies certain categories of crime in which such bail is unavailable, prohibits the imposition of excessive bail as to other crimes, sets forth the factors a court shall take into consideration in fixing the amount of the required bail, and recognizes that a person "may be released on his or her own recognizance in the court's discretion." ⁴ Penal Code section 1318 sets forth a variety of requirements that an OR release agreement must satisfy. ⁵

Pursuant to the foregoing constitutional and statutory provisions, a defendant charged with a bailable offense who seeks pretrial release from custody typically has two options: post bail and obtain release, or seek the privilege of OR release. Under section 1318, a defendant who seeks OR release may obtain such release only if he or she (1) promises to appear at all further proceedings, (2) promises not to depart from the state without leave of the court, (3) agrees to waive extradition in the event he or she fails to appear as required and is apprehended outside the State of California, and (4) promises "to obey all reasonable conditions imposed by the court or magistrate."

Petitioners contend the Court of Appeal erred, in two distinct respects, in holding that random drug testing and warrantless search and seizure conditions satisfy the "reasonable conditions" element set forth in section 1318, subdivision (a)(2). First, petitioners contend that the statute's reference to "reasonable conditions" encompasses only those conditions reasonably related to assuring a defendant's presence in court, and that the random drug testing and warrantless search and seizure conditions are impermissible because they do not relate to such a purpose. Second, petitioners contend that, even if section 1318 authorizes the imposition of conditions unrelated to assuring a defendant's presence in court, the statute cannot properly be interpreted to authorize the conditions at issue in the present case, which require the waiver of constitutional rights. We address each of these contentions in turn.

A.

As noted, petitioners contend the random drug testing and warrantless search and seizure conditions imposed in this case fall outside the purview of the "reasonable conditions" element of section 1318, subdivision (a)(2), and therefore are invalid, because such restrictions are unrelated to assuring a defendant's appearance at subsequent court proceedings. In support of this contention, petitioners rely upon People v. Barbarick (1985) 168 Cal.App.3d 731, 736, 214 Cal.Rptr. 322, and McIntosh v. Municipal Court (1981) 124 Cal.App.3d 1083, 1085, 177 Cal.Rptr. 683, decisions that petitioners characterize as holding that OR release conditions must be reasonably related to securing a defendant's subsequent appearance in court. In response, the People contend that, to the extent the cited decisions stand for the broad proposition argued by petitioners, such holdings were abrogated in 1988 when the Legislature amended section 1318 to include the provision that OR release shall not be granted unless a defendant executes a signed release agreement that includes "[t]he defendant's promise to obey all reasonable conditions imposed by the court or magistrate." (§ 1318, subd. (a)(2), italics added.) Petitioners, in reply, contend that, notwithstanding its unqualified reference to "all reasonable conditions," the statute properly should be interpreted to permit only those conditions reasonably related to assuring a defendant's appearance at future court hearings.

In interpreting statutory language, we apply well-settled rules, commencing with an examination of the language of the statute itself. (Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753, 763, 280 Cal.Rptr. 745, 809 P.2d 404.) If the statute's meaning is without ambiguity, doubt, or uncertainty, the statutory language controls. (Security Pacific National Bank v. Wozab (1990) 51 Cal.3d 991, 998, 275 Cal.Rptr. 201, 800 P.2d 557.) But if the meaning of the statute's wording is unclear, we refer to its legislative history. (Long Beach Police Officers' Assn. v. City of Long Beach (1988) 46 Cal.3d 736, 743, 250 Cal.Rptr. 869, 759 P.2d 504.)

As noted above, section 1318 authorizes the release of a defendant on his or her own recognizance, pursuant to the following procedure: "(a) The defendant shall not be released from custody ... until the defendant files with the clerk ... a signed release agreement which includes: [p] (1) The defendant's promise to appear.... [p] (2) The defendant's promise to obey all reasonable conditions imposed by the...