SECTIONS 3050-3055 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 3050-3055

3050. Upon conviction of a defendant of a misdemeanor or infraction
or following revocation of probation previously granted for a
misdemeanor or infraction, whether or not sentence has been imposed,
if it appears to the judge that the defendant may be addicted or by
reason of repeated use of narcotics may be in imminent danger of
becoming addicted to narcotics, such judge shall adjourn the
proceedings or suspend the imposition or execution of the sentence,
certify the defendant to the superior court and order the district
attorney to file a petition for a commitment of the defendant to the
Director of Corrections for confinement in the narcotic detention,
treatment and rehabilitation facility.
Upon the filing of such a petition, the superior court shall order
the defendant to be examined by one physician. At the request of the
defendant, the court shall order the defendant to be examined by a
second physician. At least one day before the time of the examination
as fixed by the court order, a copy of the petition and order for
examination shall be personally delivered to the defendant. A written
report of the examination by the physician or physicians shall be
delivered to the court, and if the report is to the effect that the
person is not addicted nor in imminent danger of addiction, it shall
so certify and return the defendant to the court which certified such
defendant to the superior court for such further proceedings as the
judge of such court deems warranted. If the report is to the effect
that the defendant is addicted or is by reason of the repeated use of
narcotics in imminent danger of addiction, further proceedings shall
be conducted in compliance with Sections 3104, 3105, 3106, and 3107.
If, after a hearing, the judge finds that the defendant is a
narcotic addict, or is by reason of the repeated use of narcotics in
imminent danger of becoming addicted thereto, and is not ineligible
for the program under the application of Section 3052, he or she
shall make an order committing such defendant to the custody of the
Director of Corrections for confinement in the facility until such
time as he or she is discharged pursuant to Article 5 (commencing
with Section 3200), except as this chapter permits earlier discharge.
If, upon the hearing, the judge shall find that the defendant is not
a narcotic addict and is not in imminent danger of becoming addicted
to narcotics, the judge shall so certify and return the defendant to
the court which certified the defendant to the superior court for
such further proceedings as the judge of the court which certified
the defendant to the superior court deems warranted.
If a person committed pursuant to this section is dissatisfied
with the order of commitment, he or she may within 10 days after the
making of such order, file a written demand for a jury trial in
compliance with Section 3108.

3051. Upon conviction of a defendant for a felony, or following
revocation of probation previously granted for a felony, and upon
imposition of sentence, if it appears to the judge that the defendant
may be addicted or by reason of repeated use of narcotics may be in
imminent danger of becoming addicted to narcotics the judge shall
suspend the execution of the sentence and order the district attorney
to file a petition for commitment of the defendant to the Director
of Corrections for confinement in the narcotic detention, treatment,
and rehabilitation facility unless, in the opinion of the judge, the
defendant's record and probation report indicate such a pattern of
criminality that he or she does not constitute a fit subject for
commitment under this section.
Upon the filing of the petition, the court shall order the
defendant to be examined by one physician. However, the examination
may be waived by a defendant if the defendant has been examined in
accordance with Section 1203.03 of the Penal Code and that
examination encompassed whether defendant is addicted or is in
imminent danger of addiction, and if the defendant is represented by
counsel and competent to understand the effect of the waiver. In
cases where a physician's report is waived by the defendant, the
Department of Corrections may perform an evaluation and provide a
report as to the defendant's addiction or imminent danger of
addiction. If the Department of Corrections determines that the
defendant is not addicted or in imminent danger of addiction, the
defendant shall be returned to the sentencing court for resentencing.
The examination may also be waived upon stipulation by the
defendant, his or her attorney, the prosecutor, and the court that
the defendant is addicted or is in imminent danger of addiction. If a
physician's report is prepared, at the request of the defendant, the
court shall order the defendant to be examined by a second
physician. At least one day before the time of the examination as
fixed by the court order, a copy of the petition and order for
examination shall be personally delivered to the defendant. A written
report of the examination by the physician or physicians shall be
delivered to the court, and if the report is to the effect that the
person is not addicted nor in imminent danger of addiction, it shall
so certify and return the defendant to the department of the superior
court that directed the filing of the petition for the ordering of
the execution of the sentence. The court may, unless otherwise
prohibited by law, modify the sentence or suspend the imposition of
the sentence. If the report is to the effect that the defendant is
addicted or is by reason of the repeated use of narcotics in imminent
danger of addiction, further proceedings shall be conducted in
compliance with Sections 3104, 3105, 3106, and 3107.
If, after a hearing, the judge finds that the defendant is a
narcotic addict, or is by reason of the repeated use of narcotics in
imminent danger of becoming addicted to narcotics, the judge shall
make an order committing the person to the custody of the Director of
Corrections for confinement in the facility until a time that he or
she is discharged pursuant to Article 5 (commencing with Section
3200), except as this chapter permits earlier discharge. If, upon the
hearing, the judge finds that the defendant is not a narcotic addict
and is not in imminent danger of becoming addicted to narcotics, the
judge shall so certify and return the defendant to the department of
the superior court that directed the filing of the petition for the
ordering of execution of sentence. The court may, unless otherwise
prohibited by law, modify the sentence or suspend the imposition of
the sentence.
If a person committed pursuant to this section is dissatisfied
with the order of commitment, he or she may, within 10 days after the
making of the order, file a written demand for a jury trial in
compliance with Section 3108.
A psychologist licensed pursuant to Chapter 6.6 (commencing with
Section 2900) of Division 2 of the Business and Professions Code may
perform the examination specified in this section and Section 3050.
This section does not expand the scope of practice of psychologists
as set forth in Section 2903 of the Business and Professions Code nor
does this section allow a psychologist to perform any activity that
would otherwise require a physician's and surgeon's license.

3052. (a) Sections 3050 and 3051 shall not apply to any of the
following:
(1) Persons convicted of any offense for which the provisions of
Section 667.6 of the Penal Code apply, or any offense described in
Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the
Penal Code ; or any person convicted of committing or attempting to
commit any violent felony as defined in subdivision (c) of Section
667.5 of the Penal Code.
(2) Persons whose sentence is enhanced pursuant to subdivision (b)
of Section 12022 of the Penal Code, or Section 12022.3, 12022.5,
12022.53, 12022.6, 12022.7, or 12022.8 of the Penal Code ; or persons
whose sentence is subject to the provisions of Section 3046 of the
Penal Code; or persons whose conviction results in a sentence which,
in the aggregate, exclusive of any credit that may be earned pursuant
to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title
1 of Part 3 of the Penal Code, exceeds six years' imprisonment in
state prison; or persons found to come under the provisions of
Section 1203.06 of the Penal Code.
(b) Notwithstanding the provisions of subdivision (a) of this
section or Section 3053, the fact that a person comes within Section
1203.07 of the Penal Code does not mean that he or she may not be
committed and treated.

3053. (a) If at any time following receipt at the facility of a
person committed pursuant to this article, the Director of
Corrections concludes that the person, because of excessive
criminality or for other relevant reason, including the person's
eligibility for treatment pursuant to Section 1210.1 of the Penal
Code, is not a fit subject for confinement or treatment in the
narcotic detention, treatment, and rehabilitation facility, he or she
shall return the person to the court in which the case originated
for further proceedings on the criminal charges that the court may
deem warranted.
(b) A person committed pursuant to this article who is
subsequently committed to the Director of Corrections pursuant to
Section 1168 or 1170 of the Penal Code shall not be a fit subject for
treatment pursuant to this article. The court committing the person
to the Director of Corrections pursuant to Section 1168 or 1170 of
the Penal Code shall immediately notify the court that originally
committed the person pursuant to this article. Upon receipt of the
person committed pursuant to Section 1168 or 1170 of the Penal Code
or upon notification of such commitment, whichever is sooner, the
Director of Corrections shall notify the court that committed the
person pursuant to this article of the subsequent commitment. Upon
receipt of notification of the subsequent commitment the court that
had committed the person pursuant to this article shall automatically
terminate the commitment and shall promptly set for hearing the
matter of further proceedings on the criminal charges.
(c) If the defendant was originally committed pursuant to Section
3050 or 3051, the committing court, if the criminal proceedings were
conducted in another court, shall notify that court that adjourned
its criminal proceedings or suspended sentence in the case pending
the civil commitment. In that event, that criminal court shall then
promptly set for hearing the matter of the sentencing of the
defendant upon the conviction that subsequently resulted in the
original civil commitment.

3054. A person committed to the custody of the Director of
Corrections pursuant to this article is not required to register
pursuant to Article 4 (commencing with Section 11590) of Chapter 10
of Division 10 of the Health and Safety Code.

3055. The Director of Corrections is authorized to establish a
limit on the number of persons that may be committed to the narcotic
detention, treatment, and rehabilitation facility pursuant to this
chapter. In order to achieve this limit, the director may refer a
person back to the court in which the case originated for such
further proceedings as that court may deem necessary.