People v. Hillock

Opinion

THE COURT.

Appellant pleaded guilty to possession of heroin (formerly Health & Saf. Code, § 11500, now, § 11350). The court found appellant to be a narcotics addict, and committed him to custody of the Department of Corrections for confinement in a narcotics rehabilitation facility under provisions of Welfare and Institutions Code section 3051. The director of the rehabilitation program thereafter determined appellant was not amenable to treatment and excluded him from the program. The court found the director did not abuse his discretion; it reinstated the criminal proceeding and imposed a prison term.

[38]

Appellant contends, “I The case should be remanded to the superior court because the record does not show whether, before his out patient status was terminated, appellant was given either a preliminary or revocation hearing required by

Morrissey.

II Appellant’s exclusion from CRC was invalid because it was not preceded by

Morrissey

hearings.”

A cumulative case summary from the rehabilitation center, introduced into evidence, shows appellant was received at the facility December 19, 1968. He was released to outpatient status in January 1970. Some two months thereafter he had returned to the use of narcotics, and with two other users was involved in a purse-snatching incident. Appellant was convicted of grand theft and was returned to the institution. (That conviction was reversed by this court in

People

v.

Hillock,

2d Crim. No. 18497, filed June 21, 1971.) Released to outpatient status in August 1971, appellant was thereafter arrested once for disorderly conduct and later for attempted robbery and burglary following an alleged extortion attempt. As to the latter offense he was placed on probation, a portion of which time was to be spent in the county jail. In August 1972, appellant was arrested for petty theft and possession of a switchblade knife; he was convicted of both offenses. Proceedings were then commenced which culminated in his exclusion.