1. (a) Circumstances. A releasee or parolee who is in custody under a hold and is undergoing prosecution on criminal charges shall be eligible for a prereturn hearing unless there has been an adequate substitute as defined in subsection (b) below.

2. (b) Adequate Substitute for Prereturn Hearing. A prereturn hearing shall be deemed not necessary if any of the following occurs:

   1. (1) Felony Charges Pending.

      1. (A) A criminal preliminary hearing at which probable cause is found, providing the person has been given notice prior to the criminal preliminary hearing that the preliminary hearing will act as a substitute for a prereturn hearing.
      2. (B) Waiver of the criminal preliminary hearing, providing the person has been given notice prior to the waiver that such a waiver will act as a waiver of a prereturn hearing. (If the person waives the timeliness of the criminal preliminary hearing, such waiver shall also serve as a waiver of the timeliness of the prereturn hearing providing the person has been given prior notice.)
   2. (2) Misdemeanor Charges Pending. A court conviction which occurs within thirty calendar days of the placing of the hold, providing the person has been given notice that a conviction will act as a substitute for the prereturn hearing.
3. (c) Purpose. The hearing officer shall determine whether or not there is probable cause to believe the outpatient or parolee violated the conditions of release or conditions of parole.
4. (d) Location. The hearing shall be held at a location near where the violation is alleged to have occurred.

5. (e) Results.

   1. (1) If the hearing officer finds probable cause to believe the outpatient violated the conditions of release/parole, the Parole and Community Services Division may retain the person in custody under the hold pending adjudication of the criminal charges.
   2. (2) If probable cause is not found, the hearing officer shall so advise the Parole and Community Services Division, and the hold shall be removed immediately.

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re LaCroix, 12 Cal.3d 146 (1974).

History

1. Amendment of subsection (e)(1) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).