1. (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.

2. (b) Suspend-Reinstate. This action is taken when a violation has occurred and has the following effects:

   1. (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. (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.
3. (c) Suspend-Return. This action is taken when a violation has occurred and authorizes an outpatient's return to inpatient status pending either good cause being found at a return hearing or the outpatient's waiver of the right to the hearing. This action is effective on the date of the official Board action and nullifies all time accrued toward early discharge consideration under Section 3200 of the Welfare and Institutions Code and/or Section 3001(a) of the Penal Code.
4. (d) Suspend-Releasee-at-Large and/or Civil Addict Parolee-at-Large. This action shall be taken when a releasee/parolee absconds from supervision and shall reflect the date of the first missed test or the date the agent determines the individual's whereabouts is unknown, whichever occurs first. It nullifies all time accrued toward early discharge consideration and stops the time being credited toward the expiration of commitment.
5. (e) Remove Releasee-at-Large/Civil Addict Parolee-at-Large Status. This action shall be taken when a releasee/parolee who has been declared a releasee and/or a parolee-at-large is returned to supervision by the Parole and Community Services Division, is arrested, taken into custody, or voluntarily surrenders to the California Rehabilitation Center or a branch thereof. Time elapsed between the date of suspension and the removal of at-large status shall be considered “dead time” and shall be added to the period of commitment.

6. (f) Continue/Confirm/Vacate Oral Order. The Board shall taken an official action on any oral order (see Definitions and Section 5173) which has been granted by an individual Board member.

   1. (1) The Board shall continue the oral order for a subsequent final action under the following circumstance:

      1. (A) A written violation report has not been submitted for consideration of the Board on the next available P&CSD Calendar;
   2. (2) The Board shall confirm the oral order when upon review of the violation report the Board concludes that return to inpatient status is warranted pending good cause being found or the individual waives his hearing. The date of the oral order is the effective date of the action.
   3. (3) The Board shall vacate the oral order if upon review of the violation report it decides return to the California Rehabilitation Center or branch thereof is not warranted.
7. (g) Special Conditions of Release and/or Civil Addict Parole. The Board may add, delete or modify any special condition of release/parole. Additional or modified conditions of release become effective when the releasee/parolee is notified of the action taken by the Board.
8. (h) Return Order Sustained. This action shall be taken following a suspend-return action, or the Board has taken an action confirming the oral order of return pending good cause and after a return hearing has been conducted in which good cause is found to believe the person violated the conditions of release/parole and return is warranted.
9. (i) Vacate Return Order and Any Loss of Time Reinstated. This action shall be taken following a return hearing in which good cause is not found to believe the person violated the conditions of release and/or civil addict parole.
10. (j) Vacate Return Order. Suspend-Reinstate in Outpatient Status. This action shall be taken following a return hearing in which good cause is found to believe the person has violated the conditions of release/parole, but, in considering mitigating circumstances, return to the California Rehabilitation Center or branch thereof does not appear to be warranted.
11. (k) Participation in Methadone Maintenance Program Approved. With the approval of the Department of Corrections and the Narcotic Addict Evaluation Authority, a releasee/parolee may participate in a methadone maintenance project. Participation in a methadone maintenance project shall not be construed to break the abstention from the use of narcotics for the purpose of Section 3200 of the Welfare and Institutions Code. (See Section 5311 which sets forth the criteria established by the Authority for participation in a methadone maintenance program.)
12. (l) Recommend Discharge per Welfare and Institutions Code Section 3200. This action shall be taken if the Authority concurs in the opinion of the Director that the person while in outpatient status has abstained from the use of narcotics and otherwise complied with the Conditions of Release for the period of time prescribed under Welfare and Institutions Code Section 3200.

13. (m) Discharge From Parole per Penal Code Section 3001(a). Refer to Committing Court Per W & I Code Section 3201(c). This action shall be taken if the Narcotic Addict Evaluation Authority concludes, after reviewing the reports submitted by the Parole and Community Services Division, that the person while on civil addict parole has abstained from the use of narcotics and complied with the conditions of parole for twelve months.

    Discharge of cases that have abstained from the use of narcotics and complied with the Conditions of Release and Parole cumulatively shall be referred to the committing court after 12 months if the commitment is 24 months or less and after 16 months if commitment is more than 24 months (Per Penal Code Section 3200b).

    Note: Conditions of release and civil addict parole are cumulative when the person is released to outpatient status, rolls over to civil addict parole and remains under supervision of P&CSD absent a suspend/reinstate action or return to custody as an inpatient by the Board during the entire period.

14. (n) Rescind or Amend Previous Action Taken by the Board. Only the Board may rescind or amend an action previously taken by the Board.

The following is an explanation and list of the most common actions taken by the NAEA:

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152, 3154, 3200 and 3201(c), Welfare and Institutions Code; Sections 3000(a) and 3001(c), Penal Code; and In Re Bye, 12 Cal. 3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).

History

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 and Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).