reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 4.5 - Youthful Offender Parole Board [Renumbered] › Chapter 4 - Discharge of Wards [Renumbered] › Article 2 - Classification of Discharge [Renumbered] › Section 4996 - General Discharge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
2. OAL
					 Notice of Erroneous Filing filed 2-6-86; purported repealer of Section
					 4996(a)-(f)
					 (first sentence only) filed in error on 6-3-85 is null and void and text as
					 filed with Secretary of State on 8-6-82 remains in effect uninterrupted EXCEPT
					 subsection (f) (second sentence only) which was properly repealed on 6-3-85
					 (Register 86, No. 6).
3. Amendment filed 10-15-98; operative
					 11-14-98 (Register 98, No. 42).
4. Change without regulatory effect
					 renumbering former title 15, section
					 4996 to new title 9, section
					 30894 filed 3-2-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						1714,
						1719
						and
						1766,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 4.5 - Youthful Offender Parole Board [Renumbered] › Chapter 4 - Discharge of Wards [Renumbered] › Article 2 - Classification of Discharge [Renumbered] › Section 4997 - Dishonorable Discharge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (b)-(e) and new subsections (f)-(g) filed 10-15-98; operative
					 11-14-98 (Register 98, No. 42).
2. Change without regulatory effect
					 renumbering former title 15, section
					 4997 to new title 9, section
					 30897 filed 3-2-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 10).
Note: Authority cited: Section
						1722,
						Welfare and Institutions Code. Reference: Sections
						1714,
						1719
						and
						1766,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 1 - Rules of Construction and Definitions › Section 5000 - Rules of Construction and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Rules of Construction. The following rules of construction apply to the
				  regulations contained in this division, except as otherwise noted:
(1) The enumeration of some criteria for the
				  making of discretionary decisions does not prohibit the application of other
				  criteria reasonably related to the decision being made.
(2) The order in which criteria are listed
				  does not indicate their relative weight or importance.
(3) "Resident," "inpatient," "releasee,"
				  "outpatient," "parolee," or "parole violator" applies to any person who has
				  been committed to the Civil Addict Program.
(4) "Shall" is mandatory, "should" is
				  advisory, and "may" is permissive.
(5) The past, present, or future tense
				  includes the others.
(6) The
				  masculine gender includes the feminine gender; the singular includes the
				  plural.
(7) Unless otherwise
				  specified, references to a section, article or chapter refer to NAEA rules
				  contained in this division.
(8) The
				  time limits specified in these rules do not create a right to have the
				  specified action taken within the time limits. The time limits are directory,
				  and the failure to meet them does not preclude taking the specified action
				  beyond the time limits.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 2 - Organization and Composition › Section 5006 - Cooperative Relationship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There is a cooperative relationship between the Director
					 and the Board. Each may advise and make recommendations to the other on
					 specific policies and procedures relating to the duties of the other.
(a) Records. The Director shall keep complete
				  case records of all individuals committed to the Civil Addict Program. These
				  records shall be made available to the Board at such time and in such form as
				  the Board may prescribe.
(b)
				  Facilities and Services. The Narcotic Addict Evaluation Authority shall
				  maintain its headquarters at the California Rehabilitation Center and shall be
				  provided with necessary office space, equipment and services from funds
				  appropriated to the California Rehabilitation Center or the Department of
				  Corrections.
(c) Agreement by
				  Chairman. The Chairman, with the consent and on behalf of the Board, is
				  authorized to make any agreements with the Director and/or his designated staff
				  as may be advisable to carry out the functions of the Board.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Sections
						3000,
						3001,
						3150
						and
						3150(c),
						Welfare and Institutions Code. Reference: Section
						1300 et seq., Government Code; and
						Section
						3303,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 2 - Organization and Composition › Section 5007 - Composition of the Narcotic Addict Evaluation Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Narcotic Addict Evaluation Authority consists of seven
					 members, including the Chairman, who are appointed by the Governor.
1. New
					 section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26). For prior
					 history, see Register 83, No. 2.
Note: Authority cited: Section
						3150,
						Welfare and Institutions Code. Reference: Section
						3150(a),
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 2 - Organization and Composition › Section 5008 - Chairman

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman shall be the administrative head of the
					 Narcotic Addict Evaluation Authority and shall exercise all duties and
					 functions necessary to ensure that the responsibilities of the Board are
					 successfully discharged. In addition to these administrative duties, the
					 Chairman is a fully voting member of the Board.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3150(a),
						Welfare and Institutions Code. Reference: Section
						1300 et seq., Government
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 2 - Organization and Composition › Section 5009 - Administrative Officer/Hearing Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The administrative Officer/Hearing Representative of the
					 Narcotic Addict Evaluation Authority is appointed by the board to carry out the
					 following duties:
(a) Management.
				  Manage the day-to-day operation of the board.
(b) Appeals Examiner. Investigate appeals,
				  adjudicate appeals in accordance with policies established by the Board, and/or
				  submit appropriate recommendations to the Board.
(c) Hearing Representative. Conduct hearings
				  and propose actions on cases heard subject to final decision by the Board in
				  accordance with policies established by the Board.
(d) Public Meetings and Hearings. Assure all
				  legally required notices of public meetings and hearings are properly
				  announced.
(e) General. Perform
				  such other duties as are required.
1. Amendment
					 of first paragraph and subsections (b) and (c) and new NOTE filed 6-29-2000;
					 operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3150(e),
						Welfare and Institutions Code. Reference: Sections
						3151
						and
						3304,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 2 - Organization and Composition › Section 5010 - Delegation of Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board with the concurrence of the Director may delegate
					 to the Director appropriate functions not restricted by law only to members of
					 the Narcotic Addict Evaluation Authority.
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
						3000,
						3001,
						3150(d),
						Welfare and Institutions Code. Reference: Section
						3150,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 3 - Policy Making Procedures › Section 5050 - Closed Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Individual case consideration hearings shall be closed to
					 the general public except in accordance with the Information Practices Act of
					 1977 and as authorized by the chairperson or the chairperson's designee.
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
						1798 et seq., Civil Code; and
						Section
						11120,
						Government Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 3 - Policy Making Procedures › Section 5051 - Administrative Directive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. An Administrative Directive is a communication from the Chairman
				  concerning any information the Chairman feels should be disseminated. An
				  Administrative Directive may be signed by the Chairman, Vice-Chairman or the
				  Administrative Officer.
(b)
				  Internal Communications. The Administrative Directive may be used for the
				  following internal communications:
(1)
				  Information concerning personnel changes, court decisions and other information
				  which does not change policy.
(2)
				  Changes in forms and instructions regarding the use and distribution of
				  forms.
(3) Changes in procedures
				  which are internal, or are not of statewide application, or are of limited
				  duration.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 1 - General › Article 4 - Public Participation › Section 5060 - Individual Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public comments are encouraged. Written statements or
					 correspondence received shall be taken into consideration by the Board in
					 individual cases.
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. 3).
3. Certificate of
					 Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of 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
						and
						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 1 - General › Section 5100 - Types of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairperson shall assign individual members to make the
					 following types of case decisions:
(a)
				  Release Decisions. Individual case decisions regarding release, postponement or
				  rescission of release shall be made by the Board at hearings which are
				  ordinarily held at the California Rehabilitation Center or branch
				  thereof.
(b) P&CSD Decisions.
				  Individual case decisions involving the review of an outpatient's behavior
				  shall be made by the Board on the basis of a report from P&CSD staff as
				  well as any other relevant information which may be submitted.
(c) Return Decisions. Individual case
				  decisions regarding the return of an outpatient to the California
				  Rehabilitation Center or branch thereof shall be made by the Board on the basis
				  of a report from the staff of the Civil Addict Legal Processing Unit as well as
				  any other relevant information submitted unless a return hearing has been
				  waived by the individual.
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 filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Section
						3150(d),
						3151
						and
						3152,
						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 1 - General › Section 5101 - Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairperson may assign a hearing officer to hear cases
					 and make recommendations to the Narcotic Addict Evaluation Authority. Such
					 recommendations shall be made in accordance with policies established by a
					 majority of the total membership of the Narcotic Addict Evaluation
					 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).
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
						11152,
						Government 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 1 - General › Section 5102 - Official Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An official decision regarding an individual case requires
					 the approval of at least two board members. Whenever a tie vote occurs, the
					 Chairman shall cast the tie-breaking vote. If a tie vote occurs on a panel of
					 two consisting of the Chairman and another board member, the Vice-Chairman or
					 the senior member shall be called upon to break the tie. If a tie vote occurs
					 and the Chairman is absent, the Vice-Chairman or the senior member shall break
					 the tie.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3150(d),
						Welfare and Institutions Code. Reference: Section
						5000, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 1 - General › Section 5103 - Finality of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Actions taken by the Board are considered final. However,
					 this does not preclude the individual from filing an appeal in accordance with
					 Chapter 4 of these rules. In addition, the Board may reconsider a case in the
					 event the Warden or Regional Parole Administrator finds new information which
					 warrants resubmission of the case.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Sections
						3150(d),
						3151
						and
						3152,
						Welfare and Institutions Code. Reference: Section
						3305.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 1 - General › Section 5104 - Official Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The official record of a case decision is the document on
					 which the decision is recorded. These records shall be maintained according to
					 procedures established by the department.
1. New NOTE
					 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						2081.5, Penal
						Code. Reference: Section
						2081.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 1 - General › Section 5105 - Visitors and Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Visitors and observers shall not be allowed to attend NAEA
					 hearings except in accordance with the Information Practices Act of 1977 and as
					 authorized by the Chairman or the Chairman's designee.
1. Amendment
					 of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						2081.5, Penal
						Code. Reference: Section
						2081.5, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 2 - Release Decisions › Section 5125 - Cases Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall consider for release to outpatient status
					 those individuals who meet the following criteria:
(a) Certified. Any individual (whether a new
				  commitment to the Civil Addict Program, or an outpatient (releasee or civil
				  addict parolee) returned as a result of violating his conditions of
				  release/parole) who has been certified by the Director or the Director's
				  designee as having recovered from his addiction or imminent danger of addiction
				  to such an extent that in the opinion of the Director or the Director's
				  designee release in outpatient status is warranted. (See Welfare and
				  Institutions Code Sections
				  3151
				  and
				  3201(c).)
(b) Annual Review. Any new commitment, or
				  outpatient who has been returned to the California Rehabilitation Center or
				  branch thereof and who has not been certified to the Board for release
				  consideration within the preceding 12 months. (See Sections
				  3151
				  and
				  3201(c)
				  of the Welfare and Institutions Code.)
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 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 2 - Hearings › Article 2 - Release Decisions › Section 5126 - Factors to be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each case shall be judged on its individual merit, without
					 prejudice. In deciding whether to release an individual to outpatient status
					 the Board shall consider all relevant factors.
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 filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						3151
						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 2 - Release Decisions › Section 5127 - Personal Appearance by Individual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The individual shall be present at any Board deliberation
					 regarding release with the following exceptions:
(a) The individual represents a security
				  risk;
(b) The individual is unable
				  to appear because of a medical or psychiatric condition or any other compelling
				  reason;
(c) The individual's case
				  is being presented as an annual review and the case is in referral status; that
				  is, the individual's release plans are being investigated by the P&CSD
				  prior to certification to the Board for release consideration. Once the case
				  has been investigated, the person shall be referred to the NAEA for release
				  consideration regardless of whether the case has been certified.
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 (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No.
					 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						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 2 - Hearings › Article 2 - Release Decisions › Section 5128 - Attendance of Counselor at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The counselor with the approval of the Board may attend
					 release hearings concerning individuals on his caseload for the purpose of
					 providing new information which may have developed since the completion of the
					 referral to outpatient status or parole, clarifying any information in the file
					 or assisting in answering questions which may arise concerning the individual
					 or institutional policy.
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 filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						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 2 - Hearings › Article 2 - Release Decisions › Section 5129 - Role of Institution Representative at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The institution shall provide a staff representative who
					 shall be responsible for completing the Institutional Appearance Evaluation
					 Sheet and insuring that proper board room decorum is maintained. This person
					 shall also act as the liaison between the Board and the institution relative to
					 the hearings.
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: Section
						3150(d),
						Welfare and Institutions Code. Reference: Section
						3304,
						Welfare and Institutions Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 2 - Release Decisions › Section 5130 - Types of Board Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are the most commonly used actions which may
					 be taken by the Board regarding release to outpatient status:
(a) Release Granted Upon Approved Plans. This
				  action authorizes the individual's release to outpatient status which will
				  normally occur within seven days of the Board's action.
(b) Release Postponed. This action indicates
				  the Board's judgment that the individual is not yet ready for release to
				  outpatient status. The case shall be reconsidered upon recertification or
				  Annual Review. (See Section
				  5125.)
(c) Off Calendar. This action delays the
				  decision pending the receipt of specific information requested by the
				  Board.
(d) Release Granted
				  Effective (date). This action is taken when the Board has reason to specify a
				  future date of release.
(e) Release
				  Granted on or Before (date). This action specifies a time limit for release but
				  allows for earlier release if conditions stipulated by the Board are met. These
				  conditions shall be documented on the Institutional Appearance Evaluation
				  Sheet.
(f) Release Granted Upon
				  Approved Plans Subject to Hold. This action is taken when the Board approves
				  the individual's release to outpatient status but a hold or detainer has been
				  placed by another agency. If the detainer has not been removed or the other
				  agency does not assume custody of the individual within 30 days of the Board's
				  release action, the individual shall be rescheduled for a personal appearance
				  before the Board for further determination.
(g) Defer Until Personal Appearance. This
				  action is taken when an individual's case is being presented as an annual
				  review in absentia and the case has been referred to the Parole and Community
				  Services Division for investigation of the release plans.
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 10 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: Sections
						3150,
						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 2 - Hearings › Article 2 - Release Decisions › Section 5131 - Advisement of Release Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of any hearing regarding release, the Board
					 shall advise the individual of its decision and the reasons for the decision.
					 If the Board postpones release, the decision and the reasons for the decision
					 shall be documented on the Institutional Appearance Evaluation Sheet, and a
					 copy shall be given to the individual as soon as possible after the
					 hearing.
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: Sections
						3150,
						3151
						and
						3201(c),
						Welfare and Institutions Code; and In Re Sturm, 11 Cal. 3d 258 (1974).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 2 - Release Decisions › Section 5132 - Warden's Authority to Delay Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an individual whom the Board has approved for release to
					 outpatient status subsequently becomes involved in a disciplinary infraction as
					 outlined in Section
					 5151, the Warden, with the
					 approval of a Board member, may detain the person for up to 45 days (absent a
					 referral to the District Attorney which may take longer) after the authorized
					 release date for the purpose of completing the CDC disciplinary process.
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: 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 2 - Hearings › Article 2 - Release Decisions › Section 5133 - Reconsideration of Board Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Occasionally, circumstances develop which warrant
					 reconsideration of a case by the members of the Narcotic Addict Evaluation
					 Authority following a release or other action being taken. If, in the opinion
					 of the Warden, the facts are such that the Narcotic Addict Evaluation Authority
					 should reevaluate the case, the individual shall be scheduled for a personal
					 appearance before the Board for further consideration. If a personal appearance
					 is precluded under Section
					 5127(b), the
					 Board shall consider the new information without the presence of the
					 individual. However, in any reconsideration which may result in a rescission of
					 a release date and has the effect of a postponement as a result of conduct
					 enumerated under Section
					 5151, the provisions listed in
					 Sections 5152 through
					 5156 shall apply.
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 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 Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5150 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The release of an individual may be rescinded for good
					 cause at a rescission hearing. Rescission proceedings refer to any proceedings
					 which may result in the delay or rescission of a release date.
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: Sections
						3150,
						3151
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5151 - Reportable Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after an individual is granted release by the Board,
					 the Warden becomes aware of conduct in the institution or of new information
					 before the individual is released to outpatient status which may warrant
					 rescission of release, the Narcotic Addict Evaluation Authority will be
					 notified and preparations for release are suspended pending investigation or
					 disciplinary process.
The following shall be reported to the Board:
(a) Disciplinary Conduct. Any disciplinary
				  behavior will be reported to the Board.
(b) Any new information which indicates that
				  release should not occur, including refusal to sign the conditions of release
				  or parole shall be reported to 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 filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5152 - Narcotic Addict Evaluation Authority Prerescission Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A civil addict whose release to the Parole and Community
					 Services Division has been granted by the Board, and who receives a Rules
					 Violation Report (CDC 115) or new information affecting his approved release
					 plans, will be reported to the Narcotic Addict Evaluation Authority by the
					 C&PR. He will be served with a Notice of Rights form by a designated
					 representative of the Department of Corrections.
If the civil addict waives his rights to a Prerescission
					 Hearing on the Notice of Rights form, he will await the outcome of the
					 Department of Corrections disciplinary process or investigation of the new
					 information. If the civil addict exercises his rights to a Prerescission
					 Hearing, the matter will be referred to the Civil Addict Legal Processing Unit
					 whose staff will be responsible for scheduling a Prerescission Hearing. Whether
					 the civil addict requests a Prerescission Hearing or waives his right to a
					 hearing, the Rules Violation Report (CDC 115) will be processed in accordance
					 with Department of Corrections regulations. Every effort will be made to
					 expedite processing the Rules Violation Report or new information.
The processing after dismissal, not guilty, and guilty
					 findings are delineated in Sections
					 5154 and
					 5155 in this regulation.
(a) Upon notice that the civil addict
				  requested a Prerescission Hearing, the Civil Addict Legal Processing Unit will
				  set the date and time of the hearing, and determine whether an attorney or
				  witness(es) will be required. This hearing will normally be held within ten
				  working days.
(b) Purpose. The
				  Hearing Officer shall determine whether there is good cause to support the
				  charge and shall prepare a recommendation for disposition.
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: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5153 - Individual Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The individual shall have the following rights at a
					 Prerescission Hearing:
(a)
				  Notification of the Charges and Supporting Evidence. Prior to the hearing the
				  individual shall receive a copy of the charges and any supporting evidence
				  unless designated confidential.
(b)
				  Notice of the Hearing. The individual shall be given sufficient notice of the
				  time and place of the hearing.
(c)
				  Attorney. The individual shall have the right to request the assistance of an
				  attorney. (See Section
				  5207(b).)
(d) Witnesses. The individual shall have the
				  right to request the presence of friendly and/or adverse witnesses at a
				  Prerescission Hearing. Witnesses shall be screened under the procedures of
				  Section 5206(b). If
				  denied, the specific reasons for denial shall be documented and a copy of the
				  document given to the individual. During the hearing the individual has the
				  right, under the direction of the Hearing Officer, to question all
				  witnesses.
(e) Neutral Hearing
				  Officer. The individual has the right to a hearing before a neutral hearing
				  officer.
(f) Findings and
				  Disposition. At the conclusion of the hearing, before the person is excused,
				  the individual shall be advised of the findings and the disposition of the
				  charge. In addition, the individual shall be provided with a written statement
				  of the findings and recommended disposition and the evidence relied upon to
				  support the conclusions reached as soon as possible after the
				  hearing.
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 first
					 paragraph and subsection (d) filed 6-29-2000; operative 7-29-2000 (Register
					 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5154 - Procedures After Dismissal or Not Guilty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the charges against the individual are dismissed or if
					 the individual is found not guilty of the charges, the individual shall be
					 released in accordance with the action taken by the Board at the release
					 hearing. If the prerescission hearing results in the individual being overdue
					 for release, the individual shall be released without undue delay but no later
					 than the following working day. The C&PR will notify the Board of the
					 decision.
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 filed
					 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5155 - Procedures After a Finding of Guilt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event a finding of guilt is made, the individual
					 shall be scheduled for a rescission hearing before the Board for further
					 consideration and disposition regarding release on the next available
					 calendar.
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: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 3 - Rescission of Release Proceedings › Section 5156 - Rescission Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Scheduling. Upon a finding of good cause at a prerescission hearing, the
				  individual shall be scheduled for a personal appearance at a rescission hearing
				  conducted by the Board. If a personal appearance is precluded under Section
				  5127 (b), the
				  Board shall consider the case without the presence of the individual.
(b) Purpose. The Board shall review the
				  findings and recommendation of the prerescission hearing officer and make a
				  final decision regarding disposition.
(c) Board Determination. The Board may
				  rescind, amend, grant or postpone release.
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: Sections
						3150,
						3151,
						3152
						and
						3201(c),
						Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
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 5170 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person committed to the Civil Addict Program and
					 released to outpatient status shall be supervised by the Parole and Community
					 Services Division. The Parole and Community Services Division shall submit a
					 written report to the Board regarding any violation of the conditions of
					 release/civil addict parole (except for minor traffic offenses which do not
					 result in arrest), or any situation requiring an action listed in Section
					 5171 below. The Board shall review
					 these reports and render an official decision after considering all of the
					 relevant factors.
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
					 article 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
						3150,
						3151
						and
						3152,
						Welfare and Institutions Code.