(a) Rules of Construction. The following rules of construction apply to the regulations contained in this division, except as otherwise noted:

(b) Definitions. The rules and regulations contained in this division are used by the Narcotic Addict Evaluation Authority and California Department of Corrections. The following is a definition of words commonly used by these agencies.

Addenda. Files containing information regarding an individual case presented to the NAEA.

Adverse Witness. A person who has given information against a resident or releasee at a hearing described in this division.

Agent. Agent of Record.

Annual Review. A hearing conducted by the Board to determine the advisability of releasing to outpatient status an inpatient who has not been certified for release consideration by the Director of Corrections or his designee within the preceding 12 months. (See Section 3151 of the Welfare and Institutions Code.)

Authority. See Narcotic Addict Evaluation Authority.

Board. See Narcotic Addict Evaluation Authority.

Board Action. An official decision of the Narcotic Addict Evaluation Authority in an individual case.

Calendar. A list of those individuals whose cases are scheduled to be heard by the Board.

CALPU. Civil Addict Legal Processing Unit.

CAP. Civil Addict Program.

C&PR. Classification and Parole Representative. The Department employee at the California Rehabilitation Center or branch thereof who has been assigned by the Director of Corrections to be the liaison with the Board.

Central File. A master file maintained by the Department of Corrections containing records regarding each person committed to its jurisdiction.

Chairman. The administrative head of the Board who is designated by the Governor pursuant to Welfare and Institutions Code Section 3150.

Civil Addict Parole. A period of parole after the Civil Addict has reached his Program Expiration Date. It may occur as follows:

Civil Addict Parolee. A civil addict who is on parole status after having reached his Program Expiration Date per 3201(c) of the Welfare and Institutions Code and under the jurisdiction of the NAEA pursuant to Section 3201(c) of the Welfare and Institutions Code. Note: A civil addict can be both a parolee and releasee while in outpatient status if he has two commitments. To be designated as both, he must have two or more commitment cases and have reached his Program Expiration Date (PED) on at least one of the cases and not reached his PED on one of the other case(s).

Conditions of Release and/or Civil Addict Parole. The conditions under which a resident is released from the California Rehabilitation Center or branch thereof to outpatient supervision. The Conditions of Release are the conditions under which an inpatient is released to outpatient status by the Board before the Program Expiration Date. The Conditions of Parole are the conditions under which an inpatient is released to parole upon reaching the Program Expiration Date. The Conditions of Parole may also occur as follows: (1) When a civil addict parolee returns to custody as the result of a parole violation and is released by the Board following a period of time as an inpatient, or (2) when a person who is in outpatient status reaches his Program Expiration Date. This is called “rolling over to Civil Addict Parole.”

Counselor. A caseworker of the Department of Corrections who is assigned to supervise and provide counseling for civil addicts who are confined at the California Rehabilitation Center or branch thereof.

CRC. California Rehabilitation Center. (See Welfare and Institutions Code Section 3001.)

Cum Sum. Cumulative Case Summary: The permanent and cumulative summary of specific portions of the record maintained by the department regarding each civil commitment from reception to discharge.

Department. The Department of Corrections.

Director. Director of Corrections.

Director of Corrections. The administrative head of the Department of Corrections appointed by the Governor. (See Penal Code Sections 5050 and 5051.)

District Administrator. An administrator in the Parole and Community Services Division (P&CSD) with supervisory and managerial responsibilities.

DOP. A difference of opinion.

Field File. A working file maintained by a parole unit office containing information about an outpatient and his current outpatient status.

Friendly Witness. Any witness who is not an adverse witness.

Good Cause. A finding by a neutral hearing officer based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.

Hearing Officer. Any neutral person who is authorized to conduct a hearing.

Hold. A request that a releasee and/or parolee be held in custody until further notice. (See Section 5332.) A person under a hold is not eligible for release on bail.

Inpatient. A civil addict who is in the custody of the California Rehabilitation Center or branches thereof.

Institutional Appearance Evaluation Sheet. The form used to provide in writing a summary of the content and decisions made during release hearings, rescission hearings and annual reviews. Also known as the CDC Form 279.

Member. A member of the Narcotic Addict Evaluation Authority appointed by the Governor pursuant to Welfare and Institutions Code Section 3150.

NAEA. See Narcotic Addict Evaluation Authority.

Narcotic Addict Evaluation Authority. The authority of the Civil Addict Program as established by Section 3150 of the Welfare and Institutions Code.

Narcotic Authority. See Narcotic Addict Evaluation Authority.

OPS. Outpatient Status.

Oral Order of Release. A verbal order obtained from a single member of the Narcotic Addict Evaluation Authority which authorizes the release of an outpatient who has been taken into custody, or the release of an inpatient by the Board following a return hearing decision to vacate the return.

Oral Order of Return. A verbal order obtained from a single member of the Narcotic Addict Evaluation Authority which results in suspension of outpatient status and authorizes the Department of Corrections to return the person to the California Rehabilitation Center or branch thereof. (See Welfare and Institutions Code Section 3151 and 3201(c).)

Oral Order of Suspension-Releasee/Parolee-at-Large. A verbal order obtained from a single member of the NAEA which results in suspension of outpatient status and authorizes a person who has absconded from supervision to be retaken into custody.

Outpatient. A civil addict who is under the supervision of P&CSD and jurisdiction of the NAEA. An outpatient may be either a releasee or civil addict parolee or both. (See definition of releasee and civil addict parolee.) A person can be both when he has two or more cases. On one or more case(s) he has not reached his PED (releasee) and, on the other case(s), he has reached his PED (civil addict parolee).

Outpatient Status. A descriptive term for a person under supervision of the Parole and Community Services Division as opposed to inpatient status.

Parole Agent. See Agent of Record.

Parolee. A person who is released from the California Rehabilitation Center or branch thereof to P&CSD supervision in the community and is under the jurisdiction of the NAEA pursuant to Section 3201(c) of the Welfare and Institutions Code.

PAL. Parolee-at-Large. A civil addict parolee under the jurisdiction of the NAEA who has absconded from parole supervision and who has had his parole suspended by an official act of the Board.

P&CSD. Parole and Community Services Division, which is a division within the Department of Corrections.

P&CSD Hearing. A hearing conducted by the Board to consider pertinent information relative to individuals on outpatient status.

Prerescission Hearing. A hearing conducted to determine whether new information exists which warrants recommending the rescission of a release/parole date.

Prereturn Hearing. A hearing conducted for the purpose of determining whether there is probable cause to believe an outpatient (releasee or civil addict parolee) has violated the conditions of release/civil addict parole.

Probable Cause. A state of facts which would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the charges are true.

Program Expiration Date (PED): The release date calculation based on the term of commitment.

RAL. Releasee-at-Large. A releasee who has absconded from outpatient supervision.

Rap Sheet. The “state summary criminal history information” containing the arrest and dispositional information defined in Penal Code Section 11105 or FBI report containing arrest history.

Regional Parole Administrator. The administrator of a geographical region in the Parole and Community Services Division.

Release Hearing. A board hearing conducted to consider the advisability of releasing a person to outpatient status.

Releasee. A term used to describe a civil addict who has been released by the Narcotic Addict Evaluation Authority to Parole and Community Services Division supervision before reaching his Program Expiration Date as opposed to a civil addict parolee who is on parole after reaching his Program Expiration Date.

Relevant Evidence. Evidence which tends to prove or disprove an issue or fact in dispute.

Rescission Hearing. A hearing conducted by the Board to determine whether new information reported warrants the rescission of release of a civil addict to outpatient status.

Return Hearing. A hearing conducted following an outpatient's return to the California Rehabilitation Center or branch thereof to determine whether there is good cause to believe that the individual has violated the conditions of release and/or civil addict parole. In addition, the hearing officer shall consider any mitigating circumstances and make a recommendation to the NAEA regarding the disposition if good cause is found.

RUAP. Release upon approved plans.

Slough File. A file supplemental to the central file containing bulky or seldom needed records.

Special Conditions of Release/Civil Addict Parole. A condition which has been placed by the Board and is restricted to the individual.

Summary Prereturn Hearing. A hearing conducted to determine whether a conviction of a crime occurred, whether the conviction constitutes a violation of the conditions of release/civil addict parole and whether the individual was the person convicted of the crime.

Supervising Agent. An employee or any of his supervisors in the Department of Corrections who is assigned to supervise civil addicts released to the supervision of the Parole and Community Services Division as an outpatient.

Subpoena. A means to secure the attendance of a witness at a return or rescission hearing.

Subpoena Duces Tecum. A means to secure the delivery of documentary evidence to a return or rescission hearing.

Unit Supervisor. A supervisor of case-carrying agents in the Parole and Community Services Division.

Warden. Warden of the California Rehabilitation Center, a branch thereof, or California Department of Corrections institution.