People v. Quintana

Opinion

BROWN (G. A.), P. J. After his 1972 conviction of second degree burglary, appellant was found eligible for and was committed to the California Rehabilitation Center (hereinafter C.R.C.) for treatment. (See Welf. & Inst. Code, § 3051)1 Criminal proceedings were suspended_

[180]On February 4, 1974, respondent was released to outpatient status. On October 23, 1974, the Narcotic Addict Evaluation Authority (hereinafter the Authority) suspended his outpatient status. As of November 14, 1975, respondent had absconded from supervision and the Authority was unaware of his whereabouts for over a year. On the latter date, pursuant to section 30532 the Authority excluded respondent from the program because “[t]his person has been at-large and beyond our control for a period exceeding one year and hence it is beyond the capacity of the program to effectuate the expectations of the commitment.” On December 2, 1975, the superior court set aside the C.R.C. commitment and resumed criminal proceedings. After the appellant was arrested upon a bench warrant he requested an exclusion hearing pursuant to section 3053. The hearing, stated by the court to be “to terminate CRC commitment and reinstate- criminal proceedings,” was set on May 20, 1976. After the hearing the court ordered that “the defendant herein, Jesse A. Quintana, be returned to the California Rehabilitation Center at Norco, California, for Morrissey hearing as per In re: Bye, 12 Cal 3d, 96.”

The People have appealed from that order, urging that no Morrissey (Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593])-type administrative hearing was required before respondent was excluded from the C.R.C. program.

Initially it must be observed that the decision of the Authority excluding respondent from the C.R.C. program had the implicit effect of revoking respondent’s outpatient status as well. It would seem therefore that the issue of whether a Morrissey-type hearing is required for revocation of outpatient status is a separate and distinct issue from the issue of such a hearing as it relates to the exclusion itself. We will hold that while a Morrissey-type hearing is required on the issue of revoking respondent’s outpatient status under the explicit holding of In re Bye (1974) 12 Cal.3d 96 [115 Cal.Rptr. 382, 524 P.2d 854] (cert, den., 420 U.S. 996 [43 L.Ed.2d 679, 95 S.Ct. 1437]), such a hearing is not required before the Authority can exclude appellant from the program.3