1. (a) Release to Outpatient Status. Pursuant to Section 3151 of the Welfare and Institutions Code, the Narcotic Addict Evaluation Authority may release a person committed to the Civil Addict Program in an outpatient status subject to all rules and regulations adopted by the Narcotic Addict Evaluation Authority, and subject to all conditions imposed by the Narcotic Addict Evaluation Authority, whether of general applicability or restricted to the particular person released in outpatient status, and subject to being retaken and returned to inpatient status as prescribed in such rules, regulations, or conditions. These conditions of release can only be changed by the Narcotic Addict Evaluation Authority.

   Section 3152 of the Welfare and Institutions Code stipulates that the rules for persons in outpatient status shall include but not be limited to close supervision of the person after release from inpatient status, periodic and surprise testing for narcotic use, counseling and return to inpatient status at the California Rehabilitation Center or its branches at the discretion of the Narcotic Addict Evaluation Authority, if from the reports of agents of the department or other information including reports of law enforcement officers as to the conduct of the person, the Narcotic Addict Evaluation Authority concludes that it is for the best interests of the person and society that this be done.

2. (b) Release to Civil Addict Parole Upon Reaching Program Expiration Date. Pursuant to Section 3201(c) of the Welfare and Institutions Code any person committed to the Civil Addict Program following the commission of a crime on or after September 17, 1981, whose execution of sentence was suspended pending a commitment pursuant to Section 3051 of the Welfare and Institutions Code, who has reached the expiration of commitment, shall be placed on parole under the jurisdiction of the Narcotic Addict Evaluation Authority. The law further stipulates that a person on parole who violates the rules, regulations or conditions imposed by the Narcotic Addict Evaluation Authority may be returned to the California Rehabilitation Center or branch thereof in accordance with the provisions of Sections 3151 and 3152 of the Welfare and Institutions Code.

Note: Authority cited: Sections 3051 and 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000 et seq., Penal Code.

History

1. Amendment of Chapter 3 and Article 1 headings 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. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).

3. Amendment of chapter heading, article heading and section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).