SECTIONS 3100-3111 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 3100-3111

3100. Anyone who believes that a person is addicted to the use of
narcotics or by reason of the repeated use of narcotics is in
imminent danger of becoming addicted to their use or any person who
believes himself to be addicted or about to become addicted may
report such belief to the district attorney, under oath, who may,
when there is probable cause, petition the superior court for a
commitment of such person to the Director of Corrections for
confinement in the narcotic detention, treatment and rehabilitation
facility. As used in this article the term "person" includes any
person who is released on probation by any court of this state.

3100.6. Any peace officer or health officer who has reasonable
cause to believe that a person is addicted to the use of narcotics or
by reason of the repeated use of narcotics is in imminent danger of
becoming addicted to their use may take the person, for his best
interest and protection, to the county hospital or other suitable
medical institution designated by the board of supervisors of the
county.
Upon written application of the peace officer or health officer,
the physician or superintendent in charge of the designated hospital
or institution may admit the person believed to be addicted to the
use of narcotics or in imminent danger of becoming addicted to their
use. The application shall state the circumstances under which the
person's condition was called to the officer's attention, shall state
the date, time, and place of taking the person into custody and
shall state the facts upon which the officer has reasonable cause to
believe that the person is addicted to the use of narcotics or by
reason of the repeated use of narcotics is in imminent danger of
becoming addicted to their use. The application shall be signed by
the officer, and a copy of the application shall be presented to the
person prior to his admittance to the hospital or institution.
Within 24 hours of admittance, a physician shall conduct an
examination to determine whether the person is addicted to the use of
narcotics or by reason of the repeated use of narcotics is in
imminent danger of becoming addicted to their use and may provide the
person with medical aid as necessary to ease any symptoms of
withdrawal from the use of narcotics.
If, after examination, the physician does not believe that the
person is addicted to the use of narcotics or by reason of the
repeated use of narcotics is in imminent danger of becoming addicted
to their use, he shall immediately report his belief to the physician
or superintendent in charge of the hospital or institution, who
shall discharge the person immediately.
If, after examination, the physician believes that further
examination is necessary to determine whether the person is addicted
to the use of narcotics or by reason of the repeated use of narcotics
is in imminent danger of addiction to their use, he shall prepare an
affidavit which states that he has examined the person and has such
belief. The physician or superintendent in charge of the hospital or
institution thereupon shall have the power to detain the person for
not more than an additional 48 hours for further examination.
If, after such further examination, the physician does not believe
that the person is addicted to the use of narcotics or by reason of
the repeated use of narcotics is in imminent danger of becoming
addicted to their use, he shall immediately report his belief to the
physician or superintendent in charge of the hospital or institution,
who shall discharge the person immediately.
If, after such examination, or further examination, the physician
believes that the person is addicted to the use of narcotics or by
reason of the repeated use of narcotics is in imminent danger of
becoming addicted to their use, he shall prepare an affidavit which
states that he has examined the person and has such belief, and which
states the time and date of admission to the hospital or institution
and the time and date of the examination and, if appropriate, the
further examination. The physician or superintendent in charge of the
hospital or institution thereupon shall report such belief to the
district attorney, who may petition the superior court for a
commitment of the person to the Director of Corrections for
confinement in the narcotic detention and rehabilitation facility.
Unless the petition of the district attorney, accompanied by the
affidavit of the examining physician, is filed in the superior court
within 72 hours after admittance to the hospital or institution,
excluding Saturdays, Sundays and judicial holidays, the physician or
superintendent in charge shall discharge the person immediately.
No evidence of violations of Sections 11350, 11357, and 11550 of
the Health and Safety Code found during the examination authorized by
this section shall be admissible in any criminal proceeding against
the person.

3101. Every person who knowingly contrives to have any person
adjudged a narcotic addict under this article unlawfully or
improperly, is guilty of a misdemeanor.

3102. Upon the filing of a proper petition pursuant to Section
3100, the court shall order the person sought to be committed to be
examined by two physicians. Upon the filing of a proper petition
pursuant to Section 3100.6, accompanied by the affidavit of the
examining physician, the court need not order the person sought to be
committed to be examined by any other physician or physicians. The
court may also order that the person be confined pending hearing in a
county hospital or other suitable institution designated by the
board of supervisors of the county if the petition is accompanied by
the affidavit of a physician alleging that the physician has examined
such person within 72 hours prior to the filing of the petition,
excluding Saturdays, Sundays, and judicial holidays, and has
concluded that, unless confined, such person is likely to injure
himself or herself, or others, or become a menace to the public. In
any case in which a person is so ordered to be confined, the person
in charge of the institution shall provide the person ordered
confined with medical aid as necessary to ease any symptoms of
withdrawal from the use of narcotics. Such medical aid shall not be
administered by a peace officer who is not licensed as a physician
and surgeon.

3102.5. The petition filed pursuant to Section 3100 of this code
shall contain the following:
(a) The name, title and address of the petitioner.
(b) The name of the person who is believed to be a narcotic
addict, or who because of repeated use of narcotics is in imminent
danger of becoming addicted thereto.
(c) Statements supporting the belief that the person alleged to be
addicted is in fact addicted or in imminent danger of addiction.
(d) The address, telephone number (if any), birth date,
birthplace, age, sex, marital status, occupation, and a physical
description of the person believed to be a narcotic addict.
(e) A statement that the person believed to be a narcotic addict
or in imminent danger of addiction is in need of care, supervision
and treatment at the narcotic detention, treatment and rehabilitation
facility of the State of California.

3103. 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 person.

3103.5. Upon an order by the court that a person be examined, the
court shall appoint two physicians to examine the person to determine
whether the person is addicted to narcotics or in imminent danger of
becoming addicted thereto.
A written report of the examination by the 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
order the petition dismissed.

3104. If the report is to the effect that the person is addicted or
is by reason of the repeated use of narcotics in imminent danger of
addiction, the person shall be taken before the judge, who shall then
inform him of his right to be represented by counsel, to make a
defense to the petition, to produce witnesses in his behalf, and to
cross-examine witnesses. If he is financially unable to employ
counsel the judge shall appoint counsel to represent him, and in a
county where there is no public defender or where the judge finds
that the public defender has properly refused to represent the
person, the judge shall fix the compensation to be paid by the county
for such services. The judge shall by order fix such time and place
for the hearing in open court as will give a reasonable opportunity
for the production and examination of witnesses.

3105. The court may issue subpoenas for attendance of witnesses at
the hearing and the person sought to be committed shall have the
right to have subpoenas issued for such purpose.

3106. At the hearing, the court shall determine whether the person
is addicted to the use of narcotics or is by reason of the repeated
use of narcotics in imminent danger of addiction. The court shall
compel the attendance of the physicians who conducted the examination
required by Section 3050, 3051, 3100.6 or 3102, who shall testify as
to the result of the examination, unless the presence of the
physicians is waived and it is stipulated that their affidavit or
report may be received in evidence.

3106.5. If the court determines that the person is not addicted to
the use of narcotics, or in imminent danger of addiction, the
petition shall be denied. If the court determines that the person is
addicted to the use of narcotics or is by reason of the repeated use
of narcotics in imminent danger of addiction, the court shall order
the person committed to the custody of the Director of Corrections,
until such time as he is discharged in accordance with Article 5 of
this chapter, except as provided in Section 3109.

3107. Hearing may be waived by consent of the person, expressed in
open court or in writing by the person after the arraignment required
by Section 3104 and after consultation with counsel.

3108. If the person so committed or any friend in his behalf is
dissatisfied with the order of commitment, he may within 10 days
after the making of such order, file a written demand that the
question of his addiction or imminent danger of addiction be tried by
a jury in the superior court of the county in which he was
committed. Thereupon, the court shall cause a jury to be summoned and
to be in attendance at a date stated, not less than 4 days nor more
than 30 days from the date of the demand for a jury trial. The court
shall submit to the jury the question: Is the person addicted to the
use of narcotics or is he by reason of the repeated use of narcotics
in imminent danger of addiction The order of commitment entered
pursuant to Sections 3050, 3051, or 3106.5 shall not be read to the
jury, nor alluded to in such trial. The trial shall be had as
provided by law for the trial of civil cases and the petition shall
be dismissed unless a verdict that the person is addicted or in
imminent danger of addiction is found by at least three-fourths of
the jury.
The person committed shall be awarded all his constitutional
rights including, but not limited to, his right to counsel, his right
to notice of the nature of the proceedings brought against him, his
right to the process of the court to compel the attendance of
witnesses in his behalf, and his right to be confronted with
witnesses.

3109. (a) If at any time following receipt at the facility of a
person committed pursuant to this article, the Director of
Corrections concludes that such person is not, because of excessive
criminality or for other relevant reason, a fit subject for
confinement or treatment in a facility of the Department of
Corrections, the director may order such person discharged.
(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 and shall be ordered discharged.

3110. 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.

3111. In the performance of acts and duties required by this
article, any peace officer, health officer, physician, superintendent
of an institution or district attorney shall have the same immunity
from liability as is provided for public officers in Sections 820.2
and 821.6 of the Government Code.