Section 5173 - Oral OrdersSection 3151 of the Welfare and Institutions Code specifies that a single member of the Narcotic Addict Evaluation Authority may by written or oral order suspend the release of a civil addict who is on outpatient status and cause him to be retaken until the next meeting of the Narcotic Addict Evaluation Authority. In addition, pursuant to Board policy, a member may grant oral orders of release and emergency at large status.
(a) Oral Order of Return. Once a Board member issues an oral order of return, the releasee/parolee shall be returned to the California Rehabilitation Center or any branch thereof without undue delay.(b) Oral Order of RAL/PAL. If circumstances warrant, an oral order of releasee-at-large and/or civil addict parolee-at-large may be obtained from a single member of the Board. This order shall be grounds for apprehending the individual. Following apprehension, if immediate action is necessary, a Board member may be contacted for an appropriate order until the next meeting of the Narcotic Addict Evaluation Authority. A Wanted Persons System Notification should be submitted with the report to CRC Records to be reviewed by the Board on the Parole and Community Services Division Calendar.(c) Oral Order of Release. In the event an outpatient is arrested by local law enforcement and the Parole and Community Services Division determines the circumstances do not warrant confinement pending adjudication of the criminal charges or return to the California Rehabilitation Center or branch thereof, or an individual who has been returned to the California Rehabilitation Center is found not guilty of the charges at a return hearing, a Board member shall be contacted for an oral order of release. If the oral order is granted, the hold shall be removed to facilitate the individual's release without delay. If the oral order is denied, the hold shall be maintained pending review of the violation report on the next available P&CSD Calendar. An oral order of release by a single Board Member cannot supersede a return order that was authorized by two Board Members on a Parole and Community Services Division Calendar. A recommendation to rescind a previous return order requires a supplemental report to the Board for review on a subsequent P&CSD calendar.
Cal. Code Regs. Tit. 15, § 5173
1. Amendment of section and new NOTE filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26). Note: Authority cited: Section 3151, Welfare and Institutions Code. Reference: Section 3150, Welfare and Institutions Code; and Sections 81 and 82, CAL Jun 3d Incompetent, Addicted and Disordered Persons.
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).