reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5171 - Types of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following is an explanation and list of the most common
					 actions taken by the NAEA:
(a)
				  Continue on Outpatient Status. This action is taken when the Board does not
				  find sufficient reason to believe the outpatient has violated the conditions of
				  release/parole. In addition, the Board may take this action if it finds the
				  violation to be minor. This action does not affect the time credited toward
				  either the period of commitment or the amount of time required for discharge
				  consideration under Section
				  3200
				  of the Welfare and Institutions Code or Section
				  3001(a)
				  of the Penal Code.
(b)
				  Suspend-Reinstate. This action is taken when a violation has occurred and has
				  the following effects:
(1) Interrupts the
				  consecutiveness of outpatient status resulting in the forfeiture of any time
				  accrued toward early discharge consideration under Section
				  3200
				  of the Welfare and Institutions Code and/or Section
				  3001(a)
				  of the Penal Code, and
(2)
				  Specifies an effective date of reinstatement which starts a new outpatient
				  period toward early discharge consideration under Section
				  3200
				  of the Welfare and Institutions Code and/or Section
				  3001(a)
				  of the Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5172 - Action Deferred

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon review of a report submitted by the Parole and
					 Community Services Division, the Board may defer action pending receipt of
					 information which it deems essential to its decision.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3152,
						Welfare and Institutions Code. Reference: Section
						3150,
						Welfare and Institutions Code; and Section
						5000, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5173 - Oral Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 3151
					 of the Welfare and Institutions Code specifies that a single member of the
					 Narcotic Addict Evaluation Authority may by written or oral order suspend the
					 release of a civil addict who is on outpatient status and cause him to be
					 retaken until the next meeting of the Narcotic Addict Evaluation Authority. In
					 addition, pursuant to Board policy, a member may grant oral orders of release
					 and emergency at large status.
(a)
				  Oral Order of Return. Once a Board member issues an oral order of return, the
				  releasee/parolee shall be returned to the California Rehabilitation Center or
				  any branch thereof without undue delay.
(b) Oral Order of RAL/PAL. If circumstances
				  warrant, an oral order of releasee-at-large and/or civil addict
				  parolee-at-large may be obtained from a single member of the Board. This order
				  shall be grounds for apprehending the individual. Following apprehension, if
				  immediate action is necessary, a Board member may be contacted for an
				  appropriate order until the next meeting of the Narcotic Addict Evaluation
				  Authority. A Wanted Persons System Notification should be submitted with the
				  report to CRC Records to be reviewed by the Board on the Parole and Community
				  Services Division Calendar.
(c)
				  Oral Order of Release. In the event an outpatient is arrested by local law
				  enforcement and the Parole and Community Services Division determines the
				  circumstances do not warrant confinement pending adjudication of the criminal
				  charges or return to the California Rehabilitation Center or branch thereof, or
				  an individual who has been returned to the California Rehabilitation Center is
				  found not guilty of the charges at a return hearing, a Board member shall be
				  contacted for an oral order of release. If the oral order is granted, the hold
				  shall be removed to facilitate the individual's release without delay. If the
				  oral order is denied, the hold shall be maintained pending review of the
				  violation report on the next available P&CSD Calendar.
An oral order of release by a single Board Member cannot
					 supersede a return order that was authorized by two Board Members on a Parole
					 and Community Services Division Calendar. A recommendation to rescind a
					 previous return order requires a supplemental report to the Board for review on
					 a subsequent P&CSD calendar.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3151,
						Welfare and Institutions Code. Reference: Section
						3150,
						Welfare and Institutions Code; and Sections
						81 and
						82, CAL Jun 3d Incompetent,
						Addicted and Disordered Persons.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5174 - Reconsideration of Board Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Regional Parole Administrator of the Parole and
					 Community Services Division or a designee may request a single member to stay a
					 Board order pending consideration of a report containing information which was
					 not available at the time the initial decision was made. P&CSD shall in no
					 case remove a hold on an outpatient ordered returned to inpatient status unless
					 the Regional Parole Administrator or a designee first obtains the approval of a
					 Board member.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3152,
						Welfare and Institutions Code. Reference: Section
						3150,
						Welfare and Institutions Code; Section
						3300 et seq., California
						Rehabilitation Center; and Section
						5500, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5175 - Advising of Reasons for Return

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board orders an outpatient returned to inpatient
					 status, the reason for the action shall be included on the official board
					 order, and a copy shall be given to the person.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3152.5,
						Welfare and Institutions Code. Reference: Similar provisions respecting
						parolee, Section
						1767.6.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5180 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Article 5 (Sections
					 5200-5212) to Article 6 (Sections
					 5200-5212) and new Article 5
					 (Sections 5180-5185) filed 12-7-82;
					 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
					 5180-5185) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Repealer of former article 5 (sections
					 5180-5185), 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; and Section
						3000, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5181 - Types of Decisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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,
						3154
						and
						3201(c),
						Welfare and Institutions Code; and Sections
						3000(a)
						and
						3001(a),
						Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5182 - Action Deferred. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3152,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5183 - Oral Orders. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5184 - Reconsideration of Board Orders. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 2 - Hearings › Article 4 - Outpatient/Civil Addict Parolee Decisions › Section 5185 - Advising of Reasons for Return. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: 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 2 - Hearings › Article 5 - Return Decisions › Section 5200 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall retain the authority to order an outpatient
					 returned to the California Rehabilitation Center or branch thereof. However, by
					 agreement with the Director of Corrections, the Board may delegate to the
					 Director the responsibility as described in this article to conduct hearings to
					 determine whether or not there is good cause regarding any alleged violations
					 and to present the findings of these hearings to the Board for final
					 disposition.
1.
					 Renumbering and amendment of former Article 5 (Sections
					 5200-5212) to Article 6 (Sections
					 5200-5212) 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 5200-5212) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Repealer of former article 5 (sections
					 5180-5185), renumbering of former
					 article 6 to article 5, and amendment of section
					 5200 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 2 - Hearings › Article 5 - Return Decisions › Section 5201 - Reportable Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Parole and Community Services Division shall submit to
					 the Board a report of any violation of the conditions of release/parole as
					 specified in Section
					 5351 and in accordance with the
					 time frames set forth in procedures established by the Director of Corrections
					 and agreed to by the NAEA.
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 Section
						3000 et seq., Penal Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5202 - Types of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The types of hearings conducted for outpatients and
					 parolees are as follows:
(a) Return
				  hearing.
(b) Prereturn
				  hearing.
(c) Summary prereturn
				  hearing.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; Section
						3000 et seq ., Penal Code; In Re
						Bye, 12 Cal.3d 96 (1974), certiorari denied,
						420 U.S.
						996 (1975); and In Re LaCroix, 12 Cal.3d 146
						(1974).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5203 - Administrative Nature of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearings are administrative proceedings. Therefore,
					 courtroom standards for evidence and proof do not strictly apply.
(a) Evidence. All noncumulative evidence
				  relevant to the violation charges and the disposition is admissible, including
				  hearsay.
(b) Standard of Proof. A
				  preponderance of evidence is sufficient for a finding of good cause at a return
				  hearing.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974),
						certiorari denied, 420 U.S.
						996 (1975); and In Re Dunham, 16 Cal.3d 63,
						67 (1976).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5204 - Outpatient Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An outpatient who is ordered returned to the California
					 Rehabilitation Center or branch thereof shall be entitled to the
					 following:
(a) Written notice of
				  rights relative to return proceedings;
(b) Written notice of the claimed
				  violations;
(c) Disclosure of
				  evidence considered by the Board in support of the charges (including a copy of
				  any pertinent police, arrest or crime report as required by Section
				  3152
				  of the Welfare and Institutions Code) unless the evidence is designated
				  confidential;
(d) A prompt return
				  to the California Rehabilitation Center or a branch thereof for treatment and
				  control following apprehension and/or adjudication of any criminal
				  charges;
(e) A return hearing to be
				  conducted promptly after the individual is returned to the California
				  Rehabilitation Center or branch thereof;
(f) To request witnesses and/or
				  representation by an attorney, subject to approval of the Board or its
				  designated representative;
(g) The
				  opportunity to be heard in person and to present witnesses and documentary
				  evidence;
(h) To confront and cross
				  examine adverse witnesses unless the hearing officer specifically finds good
				  cause for not allowing confrontation;
(i) To be heard by a neutral hearing
				  party;
(j) Notification of the time
				  and place of the hearing, allowing sufficient time to prepare a defense and
				  notify supporting witnesses;
(k) A
				  written summary of the hearing, including the findings and the evidence relied
				  upon for the findings.
1. Amendment
					 of section heading, first paragraph and subsection (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; 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 2 - Hearings › Article 5 - Return Decisions › Section 5205 - Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No decision shall be based upon information that is not
					 available to the person charged with a violation unless the information has
					 been designated confidential.
(a)
				  Reliability. The reliability of confidential information to be used shall be
				  established to the satisfaction of the hearing officer. A finding of
				  reliability shall be documented by the hearing officer. A hearing may be
				  continued to establish the reliability of the information or to request the
				  Director to designate the information as nonconfidential.
(b) Documentation. If confidential
				  information affects a decision, the individual shall be notified of the general
				  nature of that information and the reasons for its being held
				  confidential.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Olson, 37 Cal. App. 3d 783
						(1974); 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 2 - Hearings › Article 5 - Return Decisions › Section 5206 - Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Request. A witness may be requested by the person charged, the hearing officer
				  or departmental staff.
(b)
				  Screening. The Board or its designated representative shall screen the list of
				  potential witnesses and may decide not to call any witness whose testimony is
				  clearly irrelevant or cumulative. Prior to the hearing the person charged with
				  the violation shall be notified of any decision not to call a witness requested
				  and of the reasons for the decision.
(c) Notification. Parole and Community
				  Services Division shall be advised of each adverse witness to be called for the
				  hearing, and Parole and Community Services Division shall notify the witness of
				  the time and place of the hearing. The individual charged with the violation
				  shall be responsible for notifying any other witnesses.
(d) Confidential or Fearful Witness. An
				  adverse witness who is designated confidential or who refuses to attend a
				  hearing for fear that his attendance or the revealing of his identity would
				  threaten his safety shall be interviewed prior to the hearing. The witness'
				  testimony and the reasons for his fear or for the confidential designation
				  shall be documented. In addition, a determination shall be made as to whether
				  there is good cause to excuse the witness' attendance, and the reasons for the
				  decision shall be documented.
1. Amendment
					 of subsection (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: 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 2 - Hearings › Article 5 - Return Decisions › Section 5207 - Attorney Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Request. A person ordered returned to the California Rehabilitation Center or
				  branch thereof has the right to request representation by an attorney at a
				  prereturn or return hearing. If attorney representation is granted and the
				  inpatient is unable to pay for such representation, it will be provided by the
				  state.
(b) Determination. The
				  person designated to make a determination of an individual's request for
				  counsel shall review the reasons for the request, review the violation report,
				  interview the person charged and then determine whether to approve the request.
				  A request shall be approved if the person charged needs the assistance of
				  counsel in order to be treated in a fundamentally fair manner in view of the
				  charges brought and the individual's ability to respond adequately to those
				  charges. Generally, such a request shall be approved if the person charged has
				  a colorable (plausible) claim that he did not violate the conditions of release
				  or if there are substantial mitigating circumstances. However, in every case
				  these factors shall be weighed against the person's ability to present his own
				  case.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974),
						certiorari denied, 420 U.S.
						996 (1975); In Re Love, 11 Cal.3d 179 (1974);
						and Gagnon v. Scarpelli, 411 U.S. 778 (1973).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5208 - Prereturn Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Circumstances. A releasee or parolee who is in custody under a hold and is
				  undergoing prosecution on criminal charges shall be eligible for a prereturn
				  hearing unless there has been an adequate substitute as defined in subsection
				  (b) below.
(b) Adequate Substitute
				  for Prereturn Hearing. A prereturn hearing shall be deemed not necessary if any
				  of the following occurs:
(1) Felony Charges
				  Pending.
(A) A criminal preliminary hearing at
				  which probable cause is found, providing the person has been given notice prior
				  to the criminal preliminary hearing that the preliminary hearing will act as a
				  substitute for a prereturn hearing.
(B) Waiver of the criminal preliminary
				  hearing, providing the person has been given notice prior to the waiver that
				  such a waiver will act as a waiver of a prereturn hearing. (If the person
				  waives the timeliness of the criminal preliminary hearing, such waiver shall
				  also serve as a waiver of the timeliness of the prereturn hearing providing the
				  person has been given prior notice.)
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5209 - Summary Prereturn Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Circumstances. An outpatient or parolee who is convicted of any criminal
				  offense and did not receive a prereturn hearing for which he was eligible under
				  Section 5208 shall be eligible for a
				  summary prereturn hearing if he cannot be promptly returned to the California
				  Rehabilitation Center or branch thereof.
(b) Purpose. The hearing shall determine the
				  following:
(1) Whether a criminal conviction
				  did in fact occur;
(2) Whether the
				  conviction constituted a violation of the conditions of release/civil addict
				  parole; and
(3) Whether the
				  individual was in fact the person convicted.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5210 - Return Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Circumstances. An outpatient who is ordered returned to the California
				  Rehabilitation Center or branch thereof shall have the right to a prompt return
				  hearing following his arrival at the facility.
(b) Purpose. The hearing officer shall
				  determine whether or not there is good cause to believe the person did in fact
				  violate the conditions of release/parole and shall prepare a recommendation for
				  disposition.
(c) Location. The
				  hearing shall be held at the California Rehabilitation Center or a branch
				  thereof. However, this does not preclude the approval of another location by
				  the Board.
(d) Results.
(1) If the finding is that there is good
				  cause to believe the person violated the conditions of release/parole, the
				  hearing officer shall report this information to the Board together with an
				  appropriate recommendation for disposition without undue delay.
(2) If the finding is that there is not good
				  cause to believe that the person violated the conditions of release/parole, the
				  hearing officer shall contact a member of the Narcotic Addict Evaluation
				  Authority for an oral order of release. If an oral order of release is
				  obtained, the hearing officer shall so advise the staff of the California
				  Rehabilitation Center or a branch thereof, and the person shall be released
				  without delay.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 5 - Return Decisions › Section 5211 - Board Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following any return hearing, the Board shall consider the
					 report prepared by the hearing officer and make a final decision at its
					 regularly scheduled hearings for outpatient decisions.
1. Amendment
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: 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 2 - Hearings › Article 5 - Return Decisions › Section 5212 - Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person who is eligible for a hearing as described in this
					 article may waive such a hearing.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: 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 2 - Hearings › Article 6 - Subpoenas › Section 5230 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairperson of the Narcotic Addict Evaluation Authority
					 may make investigations and prosecute actions concerning all matters relating
					 to the business activities and subjects under the jurisdiction of the Narcotic
					 Addict Evaluation Authority, violations of any law or rule or order of the
					 Narcotic Addict Evaluation Authority and such other matters as may be provided
					 by law. In connection with these investigations and actions, the Chairperson
					 may inspect books and records, hear complaints, administer oaths, certify to
					 all official acts and issue subpoenas for the testimony in any inquiry,
					 investigation, hearing or proceeding pertinent or material thereto in any part
					 of the state.
1. New
					 Article 7 (Sections
					 5230-5232) 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 7
					 (Sections 5230-5232) 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 7 to article 6 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: Section
						3157,
						Welfare and Institutions Code; and Sections
						11180 and
						11181,
						Government Code.
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 5301 - Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The supervision of persons while in outpatient status shall
					 be accomplished by the P&CSD.
1. New NOTE
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3152,
						Welfare and Institutions Code. Reference: Section
						50000 et seq., Penal Code.
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 5303 - Special Conditions of Release/Civil Addict Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special conditions as referenced above in Section
					 5301(b)(16) and
					 (17) may be established and imposed by the
					 Board as provided in Section
					 5300 and are in addition to the
					 general conditions of release/civil addict parole. Special conditions of
					 release/civil addict parole shall be imposed whenever warranted by the
					 circumstances of the individual's case. Individuals will be governed by these
					 specific rules whether or not they sign the Board Order or CDC form containing
					 these rules.
1. Amendment
					 of section heading and section and new NOTE filed 6-29-2000; operative
					 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Sections
						3156
						and
						3305,
						Welfare and Institutions Code. Reference: Sections
						5000 and
						5050 et seq., Penal Code.
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 5304 - Knives. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 3, No. 6).
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 5305 - Notification of Conditions of Release/Civil Addict Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to release to outpatient status, the resident shall
					 read or have read to him by Department of Corrections staff the conditions of
					 release and/or civil parole to ensure that the person understands them and the
					 consequences involved if they are violated. In addition, it shall be the
					 responsibility of Department of Corrections staff to ensure that the individual
					 receives a copy and agrees to abide by the conditions of release/civil addict
					 parole by affixing his signature to the agreement.
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
					 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: Section
						3151,
						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 1 - Conditions of Release/Parole › Section 5310 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Article 2 (Sections
					 5310-5316) and new Article 2
					 (Sections 5310-5315) 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 2
					 (Sections 5310-5315) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Repealer of former article 2 (sections
					 5310-5315), 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; and Section
						3000 et seq., Penal Code.
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 5311 - Supervision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 1 - Conditions of Release/Parole › Section 5312 - Conditions of Parole. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 Section
						3000, et seq., Penal Code.
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 5313 - Special Conditions of Parole. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 Section
						3000, et seq., Penal Code.
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 5314 - Notification of Conditions of Parole. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 Section
						3000(f),
						Penal Code.
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 5315 - Length of Parole. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 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 Sections
						3000 and
						3001, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 3 - Outpatient Supervision › Article 2 - Participation in Methadone Maintenance › Section 5320 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 3154
					 of the Welfare and Institutions Code stipulates that a person released from the
					 California Rehabilitation Center or branch thereof may, with the approval of
					 the Department of Corrections and the Narcotic Addict Evaluation Authority,
					 participate in a methadone maintenance project.
1. Repealer
					 of Article 3 (Sections
					 5330-5338) and new Article 3
					 (Sections 5320-5325) 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 3
					 (Sections 5320-5325) filed 1-5-83 (Register
					 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83,
					 No. 6).
4. Repealer of former article 2 (sections
					 5310-5315), renumbering of former
					 article 3 to article 2, and amendment of section
					 5320 filed 6-29-2000; operative
					 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3154,
						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 2 - Participation in Methadone Maintenance › Section 5321 - Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall decide whether to approve an outpatient's
					 participation in a methadone maintenance program on a case-by-case basis. The
					 following are the guidelines which the Board shall use in its
					 consideration:
(a) The person shall be
				  at least 21 years of age;
(b) The
				  person shall have a documented history of opiate use of at least five
				  years;
(c) The person shall have
				  had at least one prior medically supervised detoxification.
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,
						3154
						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 2 - Participation in Methadone Maintenance › Section 5322 - Parole and Community Services Division Discretion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the outpatient meets the criteria in Section
					 5321, the agent of record may
					 approve the individual's participation in an approved methadone maintenance
					 program pending approval by the Board. An individual who does not meet those
					 criteria shall not begin participation in methadone maintenance without Board
					 approval.
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,
						3154,
						3201
						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 2 - Participation in Methadone Maintenance › Section 5323 - Purpose of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board's purpose in approving participation in methadone
					 maintenance is to stabilize the person in the community. The Board's intention
					 is that as stabilization progresses, the individual will gradually reduce and
					 ultimately eliminate the need for methadone.
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3151,
						3154
						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 2 - Participation in Methadone Maintenance › Section 5324 - Cooperation Between Parole and Community Services Division and Methadone Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parole and Community Services Division staff shall work in
					 cooperation with the staff of methadone maintenance programs, in exchanging
					 information of mutual interest. The Parole and Community Services Division
					 shall maintain regular contact with the staff of methadone maintenance programs
					 as a collateral source of information regarding the outpatient's conduct and
					 welfare.
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,
						3154
						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 2 - Participation in Methadone Maintenance › Section 5325 - Operation of a Motor Vehicle

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An outpatient who is accepted into a methadone maintenance
					 program shall not drive a motor vehicle during the stabilization phase of the
					 program (approximately the first two weeks). The local office of the Department
					 of Motor Vehicles shall be notified of the name of each outpatient accepted
					 into a methadone maintenance program by the Parole and Community Services
					 Division.
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,
						3154
						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 5330 - General. Sections 3151 and 3201(c) of the Welfare and Institutions Code Invests the Board with the Authority to

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Suspend the release of an outpatient who is under the jurisdiction of the
				  Narcotic Addict Evaluation Authority and cause him to be retaken and returned
				  to the California Rehabilitation Center or branch thereof;
(b) Adopt rules and regulations according to
				  which an outpatient may be retaken into custody and returned to the California
				  Rehabilitation Center or branch thereof.
1. Repealer
					 of Article 4 (Sections
					 5350-5356) and new Article 4
					 (Sections 5330-5338) 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 4
					 (Sections 5330-5338) 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 4 to article 3 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
						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 5331 - Want Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Definition. A want notice is the Board's authorization for any law enforcement
				  officer in California to take into custody a particular outpatient who has
				  absconded from supervision. Only the Board may authorize a want
				  notice.
(b) Limitations. A want
				  notice may be exercised only within the State of California.
(c) Removal. The Parole and Community
				  Services Division shall cancel the want notice for any outpatient who has been
				  taken into custody in California or who is otherwise no longer
				  wanted.
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
						and
						3201(c),
						Welfare and Institutions Code.