In Re Bye

Opinion

WRIGHT, C, J.

In a habeas corpus proceeding, the People appeal from an order directing the Narcotic Addict Evaluation Authority (NAEA) to discharge petitioner Charles Ray Bye from custody, and return him to outpatient status (Welf. & Inst. Code, § 3151) 1 as an individual theretofore duly committed under the civil addict program (§ 3000 et seq.). 2 The issue presented is whether due process principles enunciated by the United States Supreme Court in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] and its progeny dictate that before'NAEA may, pursuant to a finding…