California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 1 - Conditions of Release/Parole › Section 5300 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Release to Outpatient Status. Pursuant to Section
				  3151
				  of the Welfare and Institutions Code, the Narcotic Addict Evaluation Authority
				  may release a person committed to the Civil Addict Program in an outpatient
				  status subject to all rules and regulations adopted by the Narcotic Addict
				  Evaluation Authority, and subject to all conditions imposed by the Narcotic
				  Addict Evaluation Authority, whether of general applicability or restricted to
				  the particular person released in outpatient status, and subject to being
				  retaken and returned to inpatient status as prescribed in such rules,
				  regulations, or conditions. These conditions of release can only be changed by
				  the Narcotic Addict Evaluation Authority.
Section
					 3152
					 of the Welfare and Institutions Code stipulates that the rules for persons in
					 outpatient status shall include but not be limited to close supervision of the
					 person after release from inpatient status, periodic and surprise testing for
					 narcotic use, counseling and return to inpatient status at the California
					 Rehabilitation Center or its branches at the discretion of the Narcotic Addict
					 Evaluation Authority, if from the reports of agents of the department or other
					 information including reports of law enforcement officers as to the conduct of
					 the person, the Narcotic Addict Evaluation Authority concludes that it is for
					 the best interests of the person and society that this be
					 done.
(b) Release to Civil
				  Addict Parole Upon Reaching Program Expiration Date. Pursuant to Section
				  3201(c)
				  of the Welfare and Institutions Code any person committed to the Civil Addict
				  Program following the commission of a crime on or after September 17, 1981,
				  whose execution of sentence was suspended pending a commitment pursuant to
				  Section
				  3051
				  of the Welfare and Institutions Code, who has reached the expiration of
				  commitment, shall be placed on parole under the jurisdiction of the Narcotic
				  Addict Evaluation Authority. The law further stipulates that a person on parole
				  who violates the rules, regulations or conditions imposed by the Narcotic
				  Addict Evaluation Authority may be returned to the California Rehabilitation
				  Center or branch thereof in accordance with the provisions of Sections
				  3151
				  and
				  3152
				  of the Welfare and Institutions Code.
1. Amendment
					 of Chapter 3 and Article 1 headings filed 12-7-82 as an emergency; effective
					 upon filing (Register 83, No. 2). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 83, No.
					 6).
3. Amendment of chapter heading, article heading and section and
					 new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Sections
						3051
						and
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and Section
						3000 et seq., Penal Code.