reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5332 - Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Definition. A hold is an official request that an outpatient be held in custody
				  until further notice. A hold may be placed on an outpatient who is already
				  confined as a result of a new criminal charge, or the individual may be
				  arrested and placed in local custody on a hold pending investigation of an
				  alleged violation of the conditions of release or conditions of
				  parole.
(b) Authorization. The
				  Deputy Director of the Parole and Community Services Division, and any of the
				  staff in the peace officer series of the Department of Corrections may
				  apprehend, arrest and/or detain in local custody any outpatient who meets the
				  criteria in Section
				  5334.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5333 - Decision to Place a Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hold decision shall be made in every case regardless of
					 the type of crime or violation with which the individual is charged and
					 regardless of whether another criminal justice agency is detaining the person.
					 The fact that an outpatient has been released on bail on his own recognizance
					 does not serve as a substitute for the decision to place a hold. The potential
					 threat to the community shall be considered.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5334 - Criteria for Placing a Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An outpatient suspected of violating the conditions of
					 release/conditions of parole may be arrested and/or detained under a hold for
					 any of the following reasons:
(a) The
				  person is a danger to himself.
(b)
				  The person is a danger to the person or property of another.
(c) The person may abscond.
1. Amendment
					 of first paragraph and subsection (a) filed 6-29-2000; operative 7-29-2000
					 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5335 - Factors to be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examples of factors to be considered in deciding whether to
					 place a hold include but are not limited to the following:
(a) The emotional or mental health of the
				  outpatient; such as the presence of suicidal impulses or threats, or evidence
				  that the individual cannot adequately care for himself;
(b) The presence and extent of drug or
				  alcohol abuse.
(c) The seriousness
				  of the alleged violation.
(d) Prior
				  instances of assaultive behavior.
(e) Involvement in the transportation, sale,
				  distribution or use of narcotics or dangerous drugs.
(f) Present threats of violence.
(g) Record of escapes from custody or
				  absconding from supervision.
(h)
				  Employment history and stability.
(i) Residential pattern.
(j) Nature of family and community
				  relationships.
1. Amendment
					 of subsection (a) filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5336 - Review of a Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Initial Review. As soon as possible after the placement of a hold, the agent of
				  record shall have a case conference with the unit supervisor to determine
				  whether the hold should be continued.
(b) Replacing a Hold. Once a hold has been
				  dropped, it shall not be replaced unless new information has been received
				  which indicates the person falls within the criteria in Section
				  5334.
(c) Subsequent Removal of a Hold. A hold may
				  be removed at any time the existing circumstances of the case indicate it is no
				  longer necessary. However, approval to remove a hold shall be obtained from at
				  least one Board member, either orally or in writing, before the person is
				  released from custody following an arrest by local law enforcement.
1. Amendment
					 of subsections (a) and (c) filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5337 - Notification to Outpatient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In all cases the agent of record shall notify the
					 individual in writing of the reasons for the hold as soon as possible after
					 placement of the hold.
1. Amendment
					 of section heading and section filed 6-29-2000; operative 7-29-2000 (Register
					 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 3 - Want Notices and Holds › Section 5338 - Notification to NAEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a hold is placed on an individual, the Parole and
					 Community Services Division shall without unnecessary delay notify the Narcotic
					 Addict Evaluation Authority in writing in order to obtain the Board's final
					 determination.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5350 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board is authorized to suspend outpatient status in any
					 case where the outpatient has violated his conditions of release/civil addict
					 parole. Violations listed in Section
					 5351(a) and
					 special requests listed in Section
					 5351(b) shall be
					 reported to the Board.
The Parole and Community Services Division is authorized to
					 dispose of any other misconduct.
1. Repealer
					 of Article 5 (Sections
					 5370-5372) and new Article 5
					 (Sections 5350-5356) 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. Editorial correction of Article 5
					 (Sections 5350-5356) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Renumbering of former article 5 to article 4 and
					 amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5351 - Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Behavior Which Must Be Reported. The Parole and Community Services Division
				  shall report to the Board any outpatient who is reasonably believed to have
				  engaged in the following kinds of behavior:
(1) Possession, access, or use of narcotics,
				  marijuana, or dangerous drugs in violation of the law.
(2) All physical acts of violence and verbal
				  threats of violence.
(3)
				  Possession, use, sales or control of any deadly weapon, ammunition, explosives,
				  or firearm.
(4) Involvement in any
				  fraudulent scheme.
(5) Any
				  violation of a special condition of release or parole.
(6) Any superior or municipal court
				  conviction, regardless of the sentence imposed.
(7) Any arrest or citation.
(8) Any conduct which the agent of record,
				  unit supervisor, or district administrator feels is sufficiently serious to
				  report.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5352 - Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agent shall investigate all cases of an individual
					 suspected of a violation of the conditions of release/civil addict parole. All
					 available facts relating to the charged violation shall be documented. If the
					 individual is suspected of a violation which is being investigated as a new
					 crime by a police agency, the agent shall obtain a copy of the arresting
					 agency's arrest and investigation report.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari
						denied, 420 U.S.
						996 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5353 - Violation Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The violation report is a document prepared by the agent
					 specifying the violation charges against the individual and containing or
					 referring to the information known to the agent relevant to the charges. The
					 violation report shall include a resume of the person's adjustment to community
					 supervision. Any documents which relate to the violation shall be attached to
					 the report or specifically identified in the report.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari
						denied, 420 U.S.
						996 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5354 - Supplemental Violation Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A supplemental violation report shall be submitted to:
					 Report significant new information or evidence which tends to prove or disprove
					 the violations previously charged; note court actions on charges which are
					 being prosecuted in a criminal proceeding; expand, clarify or correct
					 information in an earlier report; add or amend charges; provide the Board with
					 information not related to the violation, but which may affect the Board's
					 decision regarding the appropriate disposition; provide additional information
					 to the Board at any time requested by the Board; or change the Parole and
					 Community Services Division recommendation.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari
						denied, 420 U.S.
						996 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5355 - Recommendations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Parole and Community Services Division shall recommend
					 the appropriate action necessary to deal with the violation charged which the
					 Board shall take into consideration in determining the best disposition to be
					 made.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; In Re Bye, 12 Cal.3d 96 (1974), certiorari
						denied, 420 U.S.
						996 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 4 - Violations and Reports › Section 5356 - Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All violations of the conditions of release/civil addict
					 parole shall be reported to the NAEA in a timely manner in accordance with
					 procedures adopted by the Department of Corrections and agreed to by the
					 NAEA.
1. Amendment
					 of section and NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3151,
						3152,
						3200
						and
						3201(c),
						Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari
						denied, 420 U.S.
						996 (1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 5 - Out of State Supervision › Section 5370 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Civil Addict Program does not come under the provisions
					 of the Interstate Compact. Therefore, supervision of an outpatient outside
					 California shall be arranged on a case-by-case basis and requires Board
					 approval of the arrangements for supervision.
1. New
					 Article 6 (Sections
					 5370-5372) 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. Editorial correction of Article 6
					 (Sections 5370-5372) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Renumbering of former article 6 to article 5 and
					 amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 5 - Out of State Supervision › Section 5371 - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board requires the following information for
					 consideration of supervision outside of California:
(a) Rationale. There shall be a compelling
				  reason or advantage connected with the individual's program outside of
				  California.
(b) Residence. The
				  person shall have a verifiable residential address and the names of other
				  persons at that address.
(c)
				  Employment. The person shall have a verifiable offer of employment or a
				  verifiable arrangement for training or education.
(d) Supervision. There shall be an agreement
				  with a law enforcement official (preferably a parole agent) in the other state
				  who shall:
(1) Obtain urine samples from the
				  person as required by the Narcotic Addict Evaluation Authority;
(2) Maintain regular personal contact with
				  the person;
(3) Submit regular
				  reports to the Parole and Community Services Division regarding the
				  individual's progress.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 5 - Out of State Supervision › Section 5372 - Releasee or Parolee Outside California Without Permission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Parole and Community Services Division shall report to
					 the Board any releasee or civil addict parolee who leaves the State of
					 California without permission. The Board may suspend that individual's
					 outpatient status and declare him a releasee-at-large, or in the case of a
					 civil addict parolee, suspend parole and declare the person a
					 parolee-at-large.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5400 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person under the jurisdiction of the Board may appeal
					 decisions of the Board or its representative which directly affect him. The
					 NAEA appeal form is available at the California Rehabilitation Center and at
					 each Parole and Community Services Division unit office. It shall be given to
					 the person upon request.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3054 and
						3058, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5401 - Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grounds on which an application for reconsideration may
					 be based are the following:
(a) The
				  action was an arbitrary decision in light of the particular facts of the
				  individual's case.
(b) The
				  individual has discovered new evidence, material to the case, which could not
				  have been discovered and produced at the hearing.
1. New NOTE
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3054 and
						3058, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5402 - Multiple Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Either or both of the grounds specified in Section
					 5401 may be claimed in one
					 application.
1. New NOTE
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500
						(1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5403 - Filing an Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The individual has the following responsibilities in filing
					 an appeal.
(a) All grounds shall be
				  included in the same appeal.
(b)
				  Specific grounds shall be stated, and all necessary documents and information
				  shall be attached to the application.
(c) The decision desired shall be
				  stated.
(d) Assistance in preparing
				  the appeal may be sought from staff or others.
(e) The appeal shall be filed with the
				  Narcotic Addict Evaluation Authority within 30 days of the date the action was
				  taken. This time limit may be waived for good cause by the Board.
1. Amendment
					 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. Editorial
					 correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of
					 Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of
					 subsection (e) filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500
						(1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5404 - Effect of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The decision being appealed shall remain in effect pending
					 final decision as specified in Section
					 5405.
1. New NOTE
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500
						(1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5405 - Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman or the Chairman's designee may grant or deny
					 reconsideration or refer appeal applications to a panel of two members or to
					 the full Board. The panel may grant or deny reconsideration or refer the case
					 to the full Board. The full Board may grant or deny reconsideration.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500
						(1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 4 - Appeals › Article 1 - General › Section 5406 - Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal filed with the NAEA shall be considered and the
					 individual notified of the decision within 30 days of the receipt of the appeal
					 by the Authority.
1. Amendment
					 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. Editorial
					 correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of
					 Compliance filed 2-3-83 (Register 83, No. 6).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Muszalski, 52, Cal. App. 3d 500
						(1975).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 5 - Discharge of Civil Addict Commitments › Article 1 - General › Section 5501 - Early Discharge of Individuals on Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person who has abstained from narcotics and has otherwise complied with his
				  conditions of parole for one year continuously, shall be considered for early
				  discharge by the Narcotic Addict Evaluation Authority. An individual whose
				  commitment term is two years or less and has complied with his conditions of
				  release and parole cumulatively for one year without interruption shall be
				  considered for early discharge by the Narcotic Addict Evaluation Authority. An
				  individual whose commitment term is more than two years and who has complied
				  with his conditions of release and parole cumulatively for sixteen months shall
				  be considered for early discharge by the Narcotic Addict Evaluation
				  Authority.
(b) Reporting
				  Procedures. Once the civil addict parolee has met the requirements for early
				  discharge consideration, including testing requirements as specified by the
				  Board, the Parole and Community Services Division shall prepare a report and
				  submit it to the Narcotic Addict Evaluation Authority for its consideration on
				  the Parole and Community Services Division hearing calendar within 30 days of
				  the date the requirements were met.
(c) Notification to Civil Addict Parolee.
				  Following the decision of the Board, the Parole and Community Services Division
				  shall notify the civil addict parolee and advise him of any responsibilities
				  which he may have until the court vacates the commitment.
(d) Notification to the Committing Court. In
				  the event the Narcotic Addict Evaluation Authority discharges the civil addict
				  parolee, the Director of Corrections or the Director's designee shall refer the
				  person to the committing court(s) for further proceedings on the original
				  criminal charges.
1. Repealer
					 and new section 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. Editorial
					 correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of
					 Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3201(c),
						Welfare and Institutions Code; and Sections
						3000 and
						3001, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 5 - Discharge of Civil Addict Commitments › Article 1 - General › Section 5502 - Expiration of Commitment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
See Section
					 3201
					 of the Welfare and Institutions Code regarding the Director of Corrections'
					 responsibility relative to discharge upon the expiration of commitment to the
					 Civil Addict Program.
1. Repealer
					 and new section 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. Editorial
					 correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of
					 Compliance filed 2-3-83 (Register 83, No. 6).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3201,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 5 - Discharge of Civil Addict Commitments › Article 1 - General › Section 5503 - Exclusion from the Civil Addict Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only the Director of Corrections or the Director's designee
					 has the authority to exclude a person from the Civil Addict Program. (See
					 Sections
					 3053
					 and
					 3109
					 of the Welfare and Institutions Code.)
1. New
					 section 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)
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3053
						and
						3109,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 1 - General › Section 6001 - Responsibilities of the Commission on Correctional Peace Officer Standards and Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The major responsibilities of the Commission on Correctional
				  Peace Officer Standards and Training (CPOST) are to:
(a) Develop, adopt, repeal, and amend
				regulations to govern all aspects of the CPOST program.
(1) Notify the Apprenticeship Coordinator,
				each Local Apprenticeship Subcommittee, and the Division of Apprenticeship
				Standards consultant of CPOST decisions, amendments to procedures, and changes
				to guidelines.
(2) Oversee each
				LAS.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 1 - General › Section 6002 - Voting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quorum for the Commission on Correctional Peace Officer
				  Standards and Training Executive Board decision making purposes consists of at
				  least two management commissioners and two commissioners from the California
				  Correctional Peace Officers Association.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 1 - General › Section 6003 - Executive Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Commission on Correctional Peace Officer Standards and Training (CPOST) shall
				be comprised of members pursuant to Penal Code (PC) Section
				13600.
(b) The CPOST officers shall be elected from
				the Executive Board members for a two-year term.
(c) The CPOST commissioners serve four-year
				terms until succeeded by their respective organization or upon resignation
				pursuant to PC Section
				13600.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Section
					 13600, Penal
					 Code; and Sections
					 3075 and
					 3076, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 2 - Local Apprenticeship Subcommittees › Section 6010 - Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				employing department shall have a Local Apprenticeship Subcommittee (LAS):
(1) Each California State Prison.
(2) Each Parole Region.
(3) Each California Youth Authority (CYA)
				facility.
(4) Each CYA camp where
				apprentices are employed.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 2 - Local Apprenticeship Subcommittees › Section 6011 - Responsibilities of the Local Apprenticeship Subcommittees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are responsibilities of each Local
				  Apprenticeship Subcommittee (LAS):
(a)
				Ensure that the local Apprenticeship Program follows the Commission on
				Correctional Peace Officer Standards and Training regulations, procedures,
				policies, standards, and decisions.
(b) Review and evaluate each apprentice's
				progress and compliance with CPOST standards.
(c) Allow for reasonable access to
				apprenticeship training files by authorized personnel.
(d) Terminate apprenticeship agreements and
				notify the Division of Apprenticeship Standards in writing within 30 days when
				an apprentice:
(1) Separates from State
				service;
(2) Transfers to another
				classification;
(3) Completes the
				program; or
(4) Is rejected during
				probation, dismissed, or demoted, subject to appeal.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6020 - Apprentices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				employees of the California Department of Corrections (CDC) and the California
				Department of the Youth Authority (CYA) who enter a rank and file Correctional
				Peace Officer job classification are apprentices, unless they have already
				attained journeyperson status in the same classification accepted by the
				Commission on Correctional Peace Officer Standards and Training (CPOST). A
				Correctional Peace Officer apprentice who moves from one apprenticeship
				classification to another apprenticeship classification that does not have the
				same apprenticeship requirements shall become an apprentice in the new job
				classification, regardless of whether he/she had attained journey level in the
				previous classification.
(b) The
				Correctional Peace Officer job classifications requiring apprenticeship are:
(1) Correctional Officer;
(2) Correctional Counselor I;
(3) Parole Agent I, CDC;
(4) Parole Agent I, CYA (Institution and
				Field);
(5) Medical Technical
				Assistant, CDC and CYA;
(6)
				Casework Specialist, CYA;
(7) Youth
				Correctional Counselor, CYA;
(8)
				Youth Correctional Officer, CYA; and
(9) Correctional Fire
				Fighter.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6021 - Apprentice Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				apprentice shall sign an apprenticeship agreement indenturing the apprentice to
				the Commission on Correctional Peace Officer Standards and Training
				(CPOST).
(b) Each apprentice shall
				comply with the CPOST regulations, CPOST operating procedures and decisions of
				the CPOST, Local Apprenticeship Subcommittees (LAS), and the employing
				department. Each apprentice shall satisfactorily perform and complete all work
				and learning assignments, including both on-the-job and related and
				supplemental instruction.
(c) An
				apprentice who fails to meet the apprenticeship standards and requirements for
				continuing employment, as defined by the CPOST or the employing department, may
				be subject to rejection on probation or discipline pursuant to the Memorandum
				of Understanding or Government Code Section
				19572.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Section
					 3078, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6022 - Terms of Apprenticeship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Apprenticeship Program requires the completion of a minimum of 3,600 hours in
				the respective work processes as shown in Section
				6029 of these regulations, and a
				minimum of 24 qualifying months of on-the-job training. Credits may be awarded
				by the Local Apprenticeship Subcommittee to reduce the term of apprenticeship
				in accordance with Section
				6025. Apprentices are required to
				complete the academy for the job classification, if one exists, but neither the
				time spent at the academy, nor time spent in any supplemental training counts
				towards the 3,600 hours of on-the-job training.
(b) The apprentice must successfully pass
				probation as defined by the State Personnel Board for the apprentice's
				classification and the Memorandum of Understanding.
(c) Overtime hours worked by the apprentice
				shall be credited to the appropriate work process category, but shall not
				reduce the two-year on-the-job training requirement.
(d) Duties performed within a limited/light
				duty function shall not count towards the 3,600 work process hours except to
				the degree the apprentice is successfully performing the work process hours of
				a Correctional Peace Officer.
(e)
				Each Apprenticeship Program shall be divided into 4 periods, each consisting of
				a minimum of 900 hours of on-the-job training, or 6 qualifying pay periods,
				whichever is longer.
(f) Duties
				performed that are not identified as part of the apprentice's classification
				shall not be counted as part of the apprentice's work process
				credits.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3076 and
					 3078, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6023 - Apprenticeship Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				apprenticeship agreement shall conform to the provisions of Labor Code, Section
				3078. The
				agreement shall be signed by the apprentice, the Chairperson or designee, the
				employing department's Apprenticeship Coordinator or Local Apprenticeship
				Subcommittee (LAS) representative, and the Department of Industrial Relations'
				Division of Apprenticeship Standards' (DAS) representative.
(b) Each apprentice shall have an approved
				apprenticeship agreement on file with the DAS and the LAS.
(c) If the employing department is unable to
				fulfill its obligations to train under any apprenticeship agreement, or in the
				event of a layoff, the CPOST may, with the approval of the Director of the
				Department of Industrial Relations, transfer an individual apprenticeship
				agreement to any other employing department if the apprentice consents and the
				receiving employing department agrees to assume the obligation of the
				apprenticeship agreement.
(d) An
				apprenticeship agreement may be terminated by the LAS or the CPOST upon written
				request of the apprentice, the employing department, or by the LAS on its own
				initiative. The apprentice shall be provided an opportunity to appear and
				provide testimony before the LAS, prior to actual termination of the
				apprenticeship agreement. The LAS shall immediately terminate the
				apprenticeship agreement if the apprentice does not appeal the employment
				termination in the manner specified in State Personnel Board rules and
				regulations and Sections
				6051 and
				6052 of these regulations. When an
				appeal is filed, the termination shall not be finalized until all appeals have
				been completed.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3078 and
					 3079, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6024 - Wages and Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				apprentice shall not be paid less than the percentages and rates contained in
				the current Memorandum of Understanding (MOU). Some State employees may enter
				an apprentice classification at a higher rate of pay than the entry level.
				These exceptions may also affect pay step increases.
(b) Advancement from one apprenticeship range
				to another, or from one pay step to another, shall be based upon satisfactory
				progress pursuant to the MOU and in completion of all of the requirements of
				the Apprenticeship Program established for that classification pay level, the
				recommendation of the Local Apprenticeship Subcommittee (LAS), and approval of
				the apprentice's local appointing authority. An apprentice shall receive
				periodic performance/salary reviews by the apprentice's supervisor(s), in
				accordance with the MOU. The apprentice shall be eligible for a salary increase
				as specified in the MOU if the apprentice receives an overall rating of
				standard or above. Apprentices who are rated less than standard in any category
				may be requested to appear before the LAS. The LAS shall consider the review(s)
				in making its recommendation to the local appointing authority.
(c) If the apprenticeship agreement for an
				apprentice is suspended, the apprentice's salary shall be frozen at their
				current level throughout the length of the suspension.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3076 and
					 3078, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6025 - Program Credits for Prior Experience

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				apprentice whose agreement is terminated prior to completion of the
				apprenticeship program, and who seeks to enter a new apprenticeship program in
				the same classification, may be granted apprenticeship credit by the Local
				Apprenticeship Subcommittee (LAS) for the previous apprenticeship time served
				under the following conditions:
(1) The prior
				experience is within the same apprenticeship classification;
(2) The break in service was less than three
				years in duration; or
(3) The
				apprentice submits documentation to the LAS to support the request for program
				credits.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6026 - Apprenticeship Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				ratio of apprentices to the appropriate classification of journey-level
				persons, first-line supervisors, and those second-line supervisors who are
				responsible for training apprentices, shall be no greater than
				one-to-one.
(b) A Local
				Apprenticeship Subcommittee (LAS) shall immediately notify the employing
				department's local appointing authority and the Commission on Correctional
				Peace Officer Standards and Training when it has been determined that there is
				noncompliance with the apprenticeship ratio in Section
				6026(a). The LAS
				shall work with the local appointing authority, within the provisions of the
				Memorandum of Understanding, to correct the noncompliance.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3076 and
					 3078, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6027 - Apprentice Assignment Restrictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				apprentice shall be assigned to work at a camp where there is no on-duty or
				immediately available journeyperson, first-line supervisor, or second-line
				supervisor in the camp.
(b) During
				the first six months of apprenticeship, apprentices should not be assigned to
				work first watch housing units unless assigned to a secured
				workstation.
(c) No first-year
				apprentice shall be assigned to work in a housing unit by him/herself during
				second or third watch. If a first-year apprentice is assigned to work in a
				housing unit during second or third watch, there shall be a second-year
				apprentice, journeyperson, first-line supervisor, or second-line supervisor
				assigned to the housing unit.
(d)
				No apprentice shall be assigned to a position outside the scope of the
				Apprenticeship Program.
(e) If an
				apprentice is given an out-of-class training and development (T&D)
				assignment to any other classification, the apprentice's current apprenticeship
				shall be suspended, pending the apprentice's return to the original
				classification.
(f) If an
				apprentice is given a T&D assignment to an apprenticeable classification,
				the apprentice shall not be indentured into the second Apprenticeship Program
				unless the first Apprenticeship Program is canceled.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3076 and
					 3078, Labor
					 Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 6 - Commission on Correctional Peace Officer Standards and Training › Article 3 - Apprentices › Section 6028 - Related and Supplemental Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Apprentices shall satisfactorily complete at least 144 hours
				  per year or 288 hours in two years of related and supplemental
				  instruction.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note: Authority cited: Section
					 13600, Penal
					 Code. Reference: Sections
					 13600 and
					 13601, Penal
					 Code; and Sections
					 3074,
					 3076 and
					 3078, Labor
					 Code.