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 5005 - Civil Addict Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the Civil Addict Program is to provide
					 treatment and control of persons addicted to narcotics or who by reason of
					 repeated use of narcotics are in imminent danger of becoming addicted.
(a) Narcotic Addict Evaluation Authority.
				  When a new commitment or outpatient, who has been returned to the California
				  Rehabilitation Center or branch thereof, shows significant progress as a result
				  of inpatient treatment and demonstrates the potential to abstain from narcotic
				  drug use, the Director of Corrections or his designee certifies this fact to
				  the Narcotic Addict Evaluation Authority. Upon any such certification, or in
				  the anniversary month of an individual who has not been certified within the
				  preceding twelve months (Annual Review), the Narcotic Addict Evaluation
				  Authority conducts a hearing to consider the advisability of releasing the
				  person to outpatient status subject to all the rules and regulations adopted by
				  the Narcotic Addict Evaluation Authority, and subject to all conditions imposed
				  by the Narcotic Addict Evaluation Authority. In addition, the Narcotic Addict
				  Evaluation Authority considers the cases of outpatients who violate their
				  conditions of release/parole and determines whether or not an individual should
				  be returned to the California Rehabilitation Center or branch thereof. (See
				  Welfare and Institutions Code Sections
				  3150,
				  3151
				  and
				  3201(c).)
				  Pursuant to Welfare and Institutions Code Section
				  3200
				  the Narcotic Addict Evaluation Authority also considers the cases of
				  individuals who have successfully completed their outpatient program and either
				  discharges the person or recommends discharge to the court of commitment
				  depending on the section of the Welfare and Institutions Code the person was
				  committed under. Pursuant to Penal Code Section
				  3001 the Board
				  also reviews the case of any individual who has been on continuous civil addict
				  parole for one year or sixteen months including continuous outpatient
				  supervision, whichever occurs first, for the purpose of determining whether the
				  person should be discharged. In the event the individual serves a combination
				  of release and civil addict parole status, the Discharge Review Date (DRD) will
				  be consistent with the DRD calculation per W&I Code 3200 (i.e., if
				  commitment is 24 months or less, the individual will be considered for
				  discharge after one year of cumulative outpatient and parole status without
				  interruption. If commitment is more than 24 months, the individual will be
				  considered for discharge after 16 months of cumulative release and civil addict
				  parole status without interruption.) In the event the person is discharged from
				  civil addict parole, the person shall be referred by the Director of
				  Corrections to the committing court for further proceedings on the original
				  criminal conviction.
(b) Director
				  of Corrections. The Director of Corrections is the chief administrative officer
				  of the Department of Corrections and is responsible for administering the Civil
				  Addict Program. (See Welfare and Institutions Code Sections
				  3000-
				  3009
				  regarding the administration and purpose of the Civil Addict
				  Program.)
(c) Inpatient Program.
				  The narcotic detention, treatment and rehabilitation facility's principal
				  purpose is the receiving, control, confinement, employment, education,
				  treatment and rehabilitation of persons committed to the Civil Addict Program.
				  This facility is known as the California Rehabilitation Center. In addition,
				  the Welfare and Institutions Code provides for the establishment of branches at
				  the discretion of the Director of Corrections.
(d) Outpatient/Supervision. The Parole and
				  Community Services Division of the Department of Corrections is responsible for
				  supervising all outpatients under the jurisdiction of the Narcotic Addict
				  Evaluation Authority and performing such other duties as may be specified by
				  the Board and agreed to by the Director or his designee.
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
					 subsections (a) and (d) filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3156,
						Welfare and Institutions Code. Reference: Sections
						3000-
						3009,
						3150,
						3151,
						3152,
						3200
						and
						3201(c),
						Welfare and Institutions Code; and Sections
						3000,
						3001,
						5050,
						5051 and
						11105, Penal
						Code.