1. (a) Circumstances. An outpatient or parolee who is convicted of any criminal offense and did not receive a prereturn hearing for which he was eligible under Section 5208 shall be eligible for a summary prereturn hearing if he cannot be promptly returned to the California Rehabilitation Center or branch thereof.

2. (b) Purpose. The hearing shall determine the following:

   1. (1) Whether a criminal conviction did in fact occur;
   2. (2) Whether the conviction constituted a violation of the conditions of release/civil addict parole; and
   3. (3) Whether the individual was in fact the person convicted.
3. (c) Location. The hearing shall be held at a location near where the violation is alleged to have occurred.

4. (d) Results.

   1. (1) If the finding is that the outpatient was convicted of a criminal offense and the conviction constituted a violation of the conditions of release/parole, the releasee/parolee shall be returned to the California Rehabilitation Center or any of its branches as soon as the person becomes available.
   2. (2) If the finding is otherwise, the hearing officer shall so advise the Parole and Community Services Division for further evaluation.

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975; and In Re LaCroix, 12 Cal.3d 146 (1974).

History

1. Amendment of subsections (a), (b)(2) and (d)(1) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).