SECTIONS 3200-3201 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 3200-3201

3200. (a) If at any time the Director of Corrections is of the
opinion that a person committed pursuant to Article 3 (commencing
with Section 3100) while in outpatient status has abstained from the
use of narcotics, other than as medically prescribed in a narcotic
treatment program pursuant to Section 3154, for at least six
consecutive months and has otherwise complied with the conditions of
his or her release, the director shall recommend to the Narcotic
Addict Evaluation Authority that the person be discharged from the
program. If the authority concurs in the opinion of the director, it
shall discharge the person from the program.
(b) If at any time the director is of the opinion that a person
committed for a period of 24 months, or less, pursuant to Article 2
(commencing with Section 3050) while in outpatient status has
abstained from the use of narcotics, other than as medically
prescribed in a narcotic treatment program pursuant to Section 3154,
for at least 12 consecutive months and has otherwise complied with
the conditions of his or her release, or if at any time the director
is of the opinion that a person committed for a period of more than
24 months pursuant to Article 2 (commencing with Section 3050) while
in outpatient status has abstained from the use of narcotics, other
than as medically prescribed in a narcotic treatment program pursuant
to Section 3154, for at least 16 consecutive months and has
otherwise complied with the conditions of his or her release, the
director shall so advise the Narcotic Addict Evaluation Authority. If
the authority concurs in the opinion of the director, it shall file
with the superior court of the county in which the person was
committed a certificate alleging those facts and recommending to the
court the discharge of the person from the program. The authority
shall serve a copy of the certificate upon the district attorney of
the county. Upon the filing of the certificate, the court shall
discharge the person from the program. The court may, unless
otherwise prohibited by law, modify the sentence, dismiss the
criminal charges of which the person was convicted, or suspend
further proceedings, as it deems warranted in the interests of
justice. Where the person was certified to the superior court
pursuant to Section 3050 the person shall be returned to the court
that certified the person, which may dismiss the original charges. In
any case where the criminal charges are not dismissed and the person
is sentenced thereon, time served in custody while under commitment
pursuant to Article 2 (commencing with Section 3050) shall be
credited on the sentence. The dismissal shall have the same force and
effect as a dismissal under Section 1203.4 of the Penal Code, except
the conviction is a prior conviction for purposes of Division 10
(commencing with Section 11000) of the Health and Safety Code.

3201. (a) Except as otherwise provided in subdivisions (b) and (c)
of this section, if a person committed pursuant to this chapter has
not been discharged from the program prior to expiration of 16
months, the Director of Corrections shall, on the expiration of such
period, return him or her to the court from which he or she was
committed, which court shall discharge him or her from the program
and order him or her returned to the court in which criminal
proceedings were adjourned, or the imposition of sentence suspended,
prior to his or her commitment or certification to the superior
court.
(b) Any other provision of this chapter notwithstanding, in any
case in which a person was committed pursuant to Article 3
(commencing with Section 3100), such person shall be discharged no
later than 12 months after his or her commitment.
(c) Any person committed pursuant to Article 2 (commencing with
Section 3050), whose execution of sentence in accordance with the
provisions of Section 1170 of the Penal Code was suspended pending a
commitment pursuant to Section 3051, who has spent, pursuant to this
chapter, a period of time in confinement or in custody, excluding any
time spent on outpatient status, equal to that which he or she would
have otherwise spent in state prison had sentence been executed,
including application of good behavior and participation credit
provisions of Article 2.5 (commencing with Section 2930) of Chapter 7
of Title 1 of Part 3 of the Penal Code, shall, upon reaching such
accumulation of time, be released on parole under the jurisdiction of
the Narcotic Addict Evaluation Authority subject to all of the
conditions imposed by the authority and subject to the provisions of
Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of
Part 3 of the Penal Code. A person on parole who violates the rules,
regulations or conditions imposed by the authority shall be subject
to being retaken and returned to the California Rehabilitation Center
as prescribed in such rules, regulations, or conditions and in
accordance with the provisions of Sections 3151 and 3152. At the
termination of this period of parole supervision or of custody in the
California Rehabilitation Center, the person shall be returned by
the Director of Corrections to the court from which such person was
committed, which court shall discharge him or her from the program
and order him or her returned to the court which suspended execution
of such person's sentence to state prison. Such court,
notwithstanding any other provision of law, shall suspend or
terminate further proceedings in the interest of justice, modify the
sentence in the same manner as if the commitment had been recalled
pursuant to subdivision (d) of Section 1170 of the Penal Code, or
order execution of the suspended sentence. Upon the ordering of the
execution of such sentence, the term imposed shall be deemed to have
been served in full.
Except as otherwise provided in the preceding paragraph, or as
otherwise provided in Section 3200, the period of commitment,
including outpatient status, for persons committed pursuant to
Section 3051, which commitment is subsequent to a criminal conviction
for which execution of sentence to state prison is suspended, shall
equal the term imposed under Section 1170 of the Penal Code,
notwithstanding good time and participation credit provisions of
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 of such code. Upon reaching such period of time, such person
shall be released on parole under the jurisdiction of the Narcotic
Addict Evaluation Authority subject to all of the conditions imposed
by the authority and subject to the provisions of Article 1
(commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of
the Penal Code. A person on parole who violates the rules,
regulations, or conditions imposed by the authority shall be subject
to being retaken and returned to the California Rehabilitation Center
as prescribed in such rules, regulations, or conditions and in
accordance with the provisions of Sections 3151 and 3152. At the
termination of this period of parole supervision or of custody in the
California Rehabilitation Center the person shall be returned by the
Director of Corrections to the court from which he or she was
committed, which court shall discharge such person from the program
and order him or her returned to the court which suspended execution
of the person's sentence to state prison. Such court, notwithstanding
any other provision of law, shall suspend or terminate further
proceedings in the interest of justice, modify the sentence in the
same manner as if the commitment had been recalled pursuant to
subdivision (d) of Section 1170 of the Penal Code, or order execution
of the suspended sentence. Upon the ordering of the execution of
such sentence, the term imposed shall be deemed to have been served
in full.
Nothing in this section shall preclude a person who has been
discharged from the program from being recommitted under the program,
irrespective of the periods of time of any previous commitments.