- (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.
An outpatient who is ordered returned to the California Rehabilitation Center or branch thereof shall be entitled to the following:
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).
History
1. Amendment of section heading, first paragraph and subsection (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).