SECTIONS 3150-3158 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 3150-3158

3150. (a) Commencing July 1, 2005, any reference to the Narcotic
Addict Evaluation Authority refers to the Board of Parole Hearings,
any reference to the chairperson of the authority is to the chair of
the board, and any reference to a member of the authority is to a
commissioner of the board.
(b) The board shall conduct a full and complete study of the cases
of all patients who are certified by the Secretary of the Department
of Corrections and Rehabilitation to the board as having recovered
from addiction or imminent danger of addiction to the extent that
release in an outpatient status is warranted.
(c) Members of other similar boards may be assigned to hear cases
and make recommendations to the board on these matters. Those
recommendations shall be made in accordance with policies established
by a majority of the total membership of the board.

3151. (a) Commencing July 1, 2005, after an initial period of
observation and treatment, and subject to the rules and policies
established by the secretary, whenever a person committed under
Article 2 (commencing with Section 3050) or Article 3 (commencing
with Section 3100) has recovered from his or her addiction or
imminent danger of addiction to such an extent that, in the opinion
of the secretary, release in an outpatient status is warranted, the
secretary shall certify that fact to the board. If the secretary has
not so certified within the preceding 12 months, in the anniversary
month of the commitment of any person committed under this chapter,
his or her case shall automatically be referred to the board for
consideration of the advisability of release in outpatient status.
Upon certification by the secretary or upon automatic certification,
the board may release the person in an outpatient status subject to
all rules and regulations adopted by the board, and subject to all
conditions imposed by the board, 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 those rules, regulations, or conditions. The
supervision of those persons while in an outpatient status shall be
administered by the department. Those persons are not subject to
Section 2600 of the Penal Code.
(b) A single commissioner of the board may, by written or oral
order, suspend the release in outpatient status of a person and cause
him or her to be retaken, until the next meeting of the board. The
written order of any commissioner shall be a sufficient warrant for
any peace officer to return persons to physical custody.
(c) It is the duty of all peace officers to execute any order
under this section in the same manner as ordinary criminal process.

3152. The rules for persons in outpatient status shall include but
not be limited to close supervision of the person after release from
the facility, 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
authority, if from the reports of agents of the Department of
Corrections or other information including reports of law enforcement
officers as to the conduct of the person, the authority concludes
that it is for the best interests of the person and society that this
be done.

3152.5. In outpatient revocation proceedings, an outpatient or his
attorney shall receive a copy of any police, arrest, and crime
reports pertaining to such proceedings. Portions of such reports
containing confidential information need not be disclosed if the
outpatient or his attorney has been notified that confidential
information has not been disclosed.

3153. The Director of Corrections is authorized to establish one or
more halfway houses in large metropolitan areas as pilot projects in
order to determine the effectiveness of such control on the addict's
rehabilitation, particularly upon his release from the narcotic
detention and treatment facility. Rules and regulations governing the
operation of such halfway houses shall be established by the
Director of Corrections and shall provide for control of the earnings
of persons assigned to such halfway houses during their residence
there, from which shall be deducted such charges for maintenance as
the Director of Corrections may prescribe.

3154. A person released in an outpatient status from the California
Rehabilitation Center may, with the approval of the Department of
Corrections and the Narcotic Addict Evaluation Authority, voluntarily
participate in a narcotic treatment program approved under Section
11876 of the Health and Safety Code.
Participation in a narcotic treatment program shall not be
construed to break the abstention from the use of narcotics for the
purpose of Section 3200.

3155. In addition to any other payment to which he or she is
entitled by law, each person who has been committed to the custody of
the Director of Corrections pursuant to this chapter shall, upon his
or her release, be paid the sum of two hundred dollars ($200), from
such appropriations that may be made available for the purposes of
this section.
The director may prescribe rules and regulations (a) to limit or
eliminate any payments provided for in this section to persons who
have not been confined at least six consecutive months prior to their
release in instances where the director determines that such a
payment is not necessary for the rehabilitation of the prisoner, and
(b) to establish procedures for the payment of the sum of the two
hundred dollars ($200) within the first 60 days of a prisoner's
release.
The provisions of this section shall not be applicable if the
person is released to the custody of another state or to the custody
of the federal government, nor shall they apply to persons discharged
pursuant to Section 3109 who subsequently, as a result of such
discharge, are committed to state prison.

3156. (a) Any rules and regulations, including any resolutions and
policy statements, promulgated by the authority, shall be promulgated
and filed pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and shall,
to the extent practical, be stated in language that is easily
understood by the general public.
(b) The authority shall maintain, publish, and make available to
the general public, a compendium of its rules and regulations,
including any resolutions and policy statements, promulgated pursuant
to this section.
(c) The following exceptions to the procedures specified in this
section apply to the authority: The chairman may specify an effective
date that is any time more than 30 days after the rule or regulation
is filed with the Secretary of State; provided that no less than 20
days prior to that effective date, copies of the rule or regulation
shall be posted in conspicuous places throughout each institution and
shall be mailed to all persons or organizations who request them.

3158. Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a release hearing
or other adjudication concerning rights of a person committed to the
custody of the secretary by the board.