California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 5 - Discharge of Civil Addict Commitments › Article 1 - General › Section 5500 - Early Discharge of Individuals in Releasee Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Persons Committed to the Civil Addict Program Pursuant to Sections
				  3100
				  and
				  3100.6
				  of the Welfare and Institutions Code. Section
				  3200(a)
				  of the Welfare and Institutions Code stipulates that a releasee who has
				  abstained from the use of narcotics and has otherwise abided by the conditions
				  of release for a period of time as specified in that section may be considered
				  for discharge from the Civil Addict Program. If the Narcotic Addict Evaluation
				  Authority concurs in the opinion of the Director that the person on outpatient
				  status has met the requirements as set forth in Welfare and Institutions Code
				  Section
				  3200,
				  it shall discharge such person from the program.
(b) Persons Committed to the Civil Addict
				  Program Pursuant to Sections
				  3050
				  and
				  3051
				  of the Welfare and Institutions Code. Section
				  3200(b)
				  of the Welfare and Institutions Code stipulates that a releasee who has
				  abstained from the use of narcotics and has otherwise abided by the conditions
				  of release for a period of time as specified in that section may be referred to
				  the committing court for discharge consideration. If the Narcotic Addict
				  Evaluation Authority concurs in the opinion of the Director that the releasee
				  has met the requirements as set forth in Welfare and Institutions Code Section
				  3200,
				  it may file with the superior court of the county in which the person was
				  committed a certificate alleging such facts and recommending to the court the
				  discharge of the person from the program. The Narcotic Addict Evaluation
				  Authority or its designee shall serve a copy of such certificate upon the
				  district attorney of the county.
(c) Reporting Procedures. Once the releasee
				  has met the requirements for early discharge consideration, including testing
				  requirements as specified by the Board, the Parole and Community Services
				  Division shall prepare a report within 10 days after the date the individual
				  becomes eligible and submit it to the Board for its consideration on the Parole
				  and Community Services Division hearing calendar.
(d) Notification to Releasee. Following the
				  decision of the Board, the Parole and Community Services Division shall notify
				  the releasee of any responsibilities which he may have until the court vacates
				  the commitment.
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
						3200(a) and
						(b), Welfare and Institutions Code.