Cal. Code Regs. tit. 15 § 5152

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 5152 - Narcotic Addict Evaluation Authority Prerescission Hearing

A civil addict whose release to the Parole and Community Services Division has been granted by the Board, and who receives a Rules Violation Report (CDC 115) or new information affecting his approved release plans, will be reported to the Narcotic Addict Evaluation Authority by the C&PR. He will be served with a Notice of Rights form by a designated representative of the Department of Corrections.

If the civil addict waives his rights to a Prerescission Hearing on the Notice of Rights form, he will await the outcome of the Department of Corrections disciplinary process or investigation of the new information. If the civil addict exercises his rights to a Prerescission Hearing, the matter will be referred to the Civil Addict Legal Processing Unit whose staff will be responsible for scheduling a Prerescission Hearing. Whether the civil addict requests a Prerescission Hearing or waives his right to a hearing, the Rules Violation Report (CDC 115) will be processed in accordance with Department of Corrections regulations. Every effort will be made to expedite processing the Rules Violation Report or new information.

The processing after dismissal, not guilty, and guilty findings are delineated in Sections 5154 and 5155 in this regulation.

(a) Upon notice that the civil addict requested a Prerescission Hearing, the Civil Addict Legal Processing Unit will set the date and time of the hearing, and determine whether an attorney or witness(es) will be required. This hearing will normally be held within ten working days.

(b) Purpose. The Hearing Officer shall determine whether there is good cause to support the charge and shall prepare a recommendation for disposition.

Cal. Code Regs. Tit. 15, § 5152

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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.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 section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).