Cal. Code Regs. tit. 15 § 5005

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 5005 - Civil Addict Program

The purpose of the Civil Addict Program is to provide treatment and control of persons addicted to narcotics or who by reason of repeated use of narcotics are in imminent danger of becoming addicted.

(a) Narcotic Addict Evaluation Authority. When a new commitment or outpatient, who has been returned to the California Rehabilitation Center or branch thereof, shows significant progress as a result of inpatient treatment and demonstrates the potential to abstain from narcotic drug use, the Director of Corrections or his designee certifies this fact to the Narcotic Addict Evaluation Authority. Upon any such certification, or in the anniversary month of an individual who has not been certified within the preceding twelve months (Annual Review), the Narcotic Addict Evaluation Authority conducts a hearing to consider the advisability of releasing the person to outpatient status subject to all the rules and regulations adopted by the Narcotic Addict Evaluation Authority, and subject to all conditions imposed by the Narcotic Addict Evaluation Authority. In addition, the Narcotic Addict Evaluation Authority considers the cases of outpatients who violate their conditions of release/parole and determines whether or not an individual should be returned to the California Rehabilitation Center or branch thereof. (See Welfare and Institutions Code Sections 3150, 3151 and 3201(c).) Pursuant to Welfare and Institutions Code Section 3200 the Narcotic Addict Evaluation Authority also considers the cases of individuals who have successfully completed their outpatient program and either discharges the person or recommends discharge to the court of commitment depending on the section of the Welfare and Institutions Code the person was committed under. Pursuant to Penal Code Section 3001 the Board also reviews the case of any individual who has been on continuous civil addict parole for one year or sixteen months including continuous outpatient supervision, whichever occurs first, for the purpose of determining whether the person should be discharged. In the event the individual serves a combination of release and civil addict parole status, the Discharge Review Date (DRD) will be consistent with the DRD calculation per W&I Code 3200 (i.e., if commitment is 24 months or less, the individual will be considered for discharge after one year of cumulative outpatient and parole status without interruption. If commitment is more than 24 months, the individual will be considered for discharge after 16 months of cumulative release and civil addict parole status without interruption.) In the event the person is discharged from civil addict parole, the person shall be referred by the Director of Corrections to the committing court for further proceedings on the original criminal conviction.

(b) Director of Corrections. The Director of Corrections is the chief administrative officer of the Department of Corrections and is responsible for administering the Civil Addict Program. (See Welfare and Institutions Code Sections 3000- 3009 regarding the administration and purpose of the Civil Addict Program.)

(c) Inpatient Program. The narcotic detention, treatment and rehabilitation facility's principal purpose is the receiving, control, confinement, employment, education, treatment and rehabilitation of persons committed to the Civil Addict Program. This facility is known as the California Rehabilitation Center. In addition, the Welfare and Institutions Code provides for the establishment of branches at the discretion of the Director of Corrections.

(d) Outpatient/Supervision. The Parole and Community Services Division of the Department of Corrections is responsible for supervising all outpatients under the jurisdiction of the Narcotic Addict Evaluation Authority and performing such other duties as may be specified by the Board and agreed to by the Director or his designee.

Cal. Code Regs. Tit. 15, § 5005

1. Amendment 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. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsections (a) and (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3000- 3009, 3150, 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code; and Sections 3000, 3001, 5050, 5051 and 11105, Penal Code.