Quintana

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 3053 2 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…