Section 3100.6.

(a) Prior to July 1, 2012, any peace officer or health officer who has reasonable cause to believe that a person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use may take the person, for his best interest and protection, to the county hospital or other suitable medical institution designated by the board of supervisors of the county.

(b) Upon written application of the peace officer or health officer, the physician or superintendent in charge of the designated hospital or institution may admit the person believed to be addicted to the use of narcotics or in imminent danger of becoming addicted to their use. The application shall state the circumstances under which the person's condition was called to the officer's attention, shall state the date, time, and place of taking the person into custody and shall state the facts upon which the officer has reasonable cause to believe that the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use. The application shall be signed by the officer, and a copy of the application shall be presented to the person prior to his admittance to the hospital or institution.

(c) Within 24 hours of admittance, a physician shall conduct an examination to determine whether the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use and may provide the person with medical aid as necessary to ease any symptoms of withdrawal from the use of narcotics.

(1) If, after examination, the physician does not believe that the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use, the physician shall immediately report his or her belief to the physician or superintendent in charge of the hospital or institution, who shall discharge the person immediately.

(2) If, after examination, the physician believes that further examination is necessary to determine whether the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of addiction to their use, the physician shall prepare an affidavit which states that the physician has examined the person and has that belief. The physician or superintendent in charge of the hospital or institution thereupon shall have the power to detain the person for not more than an additional 48 hours for further examination.

(3) If, after such further examination, the physician does not believe that the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use, the physician shall immediately report his or her belief to the physician or superintendent in charge of the hospital or institution, who shall discharge the person immediately.

(d) If, after such examination, or further examination, the physician believes that the person is addicted to the use of narcotics or by reason of the repeated use of narcotics is in imminent danger of becoming addicted to their use, the physician shall prepare an affidavit which states that the physician has examined the person and has that belief, and which states the time and date of admission to the hospital or institution and the time and date of the examination and, if appropriate, the further examination. The physician or superintendent in charge of the hospital or institution thereupon shall report such belief to the district attorney, who may petition the superior court for a commitment of the person to the Secretary of the Department of Corrections and Rehabilitation for confinement in the narcotic detention and rehabilitation facility.

(e) Unless the petition of the district attorney, accompanied by the affidavit of the examining physician, is filed in the superior court within 72 hours after admittance to the hospital or institution, excluding Saturdays, Sundays and judicial holidays, the physician or superintendent in charge shall discharge the person immediately.

(f) No evidence of violations of Sections 11350, 11357, and 11550 of the Health and Safety Code found during the examination authorized by this section shall be admissible in any criminal proceeding against the person.

(g) Commencing July 1, 2012, no new commitments may be made pursuant to this section.

(Amended by Stats. 2012, Ch. 41, Sec. 117. Effective June 27, 2012. Inoperative April 1, 2014. Repealed as of January 1, 2015, pursuant to Section 3202.)