1. (a) Circumstances. An outpatient who is ordered returned to the California Rehabilitation Center or branch thereof shall have the right to a prompt return hearing following his arrival at the facility.
2. (b) Purpose. The hearing officer shall determine whether or not there is good cause to believe the person did in fact violate the conditions of release/parole and shall prepare a recommendation for disposition.
3. (c) Location. The hearing shall be held at the California Rehabilitation Center or a branch thereof. However, this does not preclude the approval of another location by the Board.

4. (d) Results.

   1. (1) If the finding is that there is good cause to believe the person violated the conditions of release/parole, the hearing officer shall report this information to the Board together with an appropriate recommendation for disposition without undue delay.
   2. (2) If the finding is that there is not good cause to believe that the person violated the conditions of release/parole, the hearing officer shall contact a member of the Narcotic Addict Evaluation Authority for an oral order of release. If an oral order of release is obtained, the hearing officer shall so advise the staff of the California Rehabilitation Center or a branch thereof, and the person shall be released without delay.

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).

History

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