HomeMy WebLinkAbout03 - Opposition to Proposition 5CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
September 23, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
John Klein, Chief of Police; 644 3701; jklein @nbpd.org
SUBJECT: OPPOSITION TO PROPOSITION 5 - NONVIOLENT OFFENDER
REHABILITATION ACT (NORA)
RECOMMENDATION:
Adopt Resolution No. 2008 _ authorizing the City Council to oppose the passage of
Proposition 5, also known as the Nonviolent Offender Rehabilitation Act (NORA), which
will be on the November 2008 statewide ballot.
DISCUSSION:
In 2000, California voters passed a ballot initiative sponsored by the Drug Policy
Alliance known as Proposition 36, which took effect in 2001. The primary purpose of
the initiative was to place persons convicted of drug offenses into drug treatment rather
than incarcerating them. Proponents of Proposition 36 claimed this effort would lower
crime rates, save millions of taxpayer dollars, lower addiction rates, and lower the
inmate population in the state prison system; however, this has not been the case. Only
25% of the persons diverted into Proposition 36 rehabilitation treatment complete the
imposed drug treatment. Proposition 36 has not worked, and NORA (Proposition 5) will
only expand this failed effort.
The Drug Policy Alliance, who placed Proposition 36 on the ballot in 2000, has again
gathered signatures to place Proposition 5 on the November 2008 ballot. Proposition 5
is a 36 -page document that makes numerous amendments to statutes, court cases, and
executive orders. The arguments and fact sheets in support of Proposition 5 do not
accurately reflect what this law would do, nor do they place proper emphasis on its
impact to public safety at the local level. As a result, voters are likely to be misled as to
what they are being asked to endorse. Listed are some of the major concerns from the
public safety viewpoint:
Proposition 5 shortens parole for methamphetamine dealers and other drug felons
from three years to just six months.
Opposition to Proposition 5 (NORA)
September 23, 2008
Page 2
Proposition 5 is strongly opposed by Mothers Against Drunk Driving (MADD),
because it provides a way for those who kill or maim others while driving under the
influence to avoid criminal prosecution.
Proposition 5 could, in effect, enable defendants charged with crimes, such as
domestic violence, child abuse, mortgage fraud, burglary, and auto theft to
effectively escape criminal prosecution altogether by claiming drug addiction caused
them to commit their crimes.
If a violent offender is granted a hearing to claim that the use of drugs caused them
to commit the crime, the burden of proof shifts to the prosecution to prove that the
defendant should be held responsible for his or her crimes. Proposition 5 assumes
that crimes committed by addicted persons are caused by the addiction, and that the
proper action is to ask (via a judge) the addict to attend drug treatment. However, if
there is no accountability or consequence when an addict fails to attend or
participate in treatment, there is little hope of any success in treatment.
Proposition 5 is universally opposed by organizations representing rank and file
police officers, police chiefs, prosecutors, and parole supervisors. These groups
know that shortening parole for drug dealers will dramatically increase violent crime
rates, and that addicts sent to treatment with no accountability for attending and
participating will fail in significant numbers resulting in increased levels of crime.
Proposition 5 sets up two new bureaucracies with no accountability, at a cost of
hundreds of millions of dollars.
Proposition 5 falsely claims that it will save money, but in fact, costs will be shifted
from the state to the counties.
Proposition 5 proponents want voters to think this Proposition is about keeping non-
violent drug offenders out of the prison system, but that is based upon a false
premise. Today, no first -time offender arrested solely for possession of drugs will be
sent to prison. The only people who will benefit from Proposition 5 are drug dealers
and those accused of crimes, such as domestic violence, child abuse, burglary,
identity theft, mortgage fraud, etc.
It is important to note that funding for the failed efforts under Proposition 36 has
removed significant funding from Drug Court. Drug Court has been tremendously
successful with very little funding, and the National Association of Drug Court
Professionals has come out in strong opposition to Proposition 5.
Proposition 5 (NORA) is actually a drug - decriminalization measure disguised in
misleading treatment terms. NORA is a sentencing statute and not a treatment
statute. It prevents judges, prosecutors, and law enforcement officials from holding
Opposition to Proposition 5 (NORA)
September 23, 2008
Page 3
offenders accountable for abusing illegal drugs and continually violating the law.
NORA requires judges to give drug offenders six chances before they can be
meaningfully sentenced for their crimes. Offenders can commit six consecutive
felonies and /or probation violations before receiving significant punishment. Worse
still, inmates released from prison on parole can only be supervised for a few short
months and cannot be returned to prison for committing new misdemeanor crimes
and continuing to abuse drugs.
Proposition 5 is not limited to nonviolent offenders. NORA does not deal solely with
nonviolent offenders. Rather, it deals with criminals who have been arrested (this
time) for a nonviolent drug offense. Offenders who were convicted of violent crimes
more than five years in the past would still be eligible for some aspects of NORA.
Those who were arrested for violent crimes, but not convicted, would also be
eligible. Finally, repeat offenders who were convicted of five different nonviolent
felonies (not necessarily drug felonies) in a short two and one -half year period would
not only be eligible for NORA, but judges would not have the discretion to deny them
access to the program in the interest of protecting public safety.
Proposition 5 ignores scientific evidence about what works best for drug abusing
criminal offenders. Decades worth of research indicates which types of interventions
work well for drug- abusing criminal offenders and which ones do not. The clearest
lesson from this research is that offenders must be closely monitored and held
accountable for their actions. NORA ignores this evidence and creates barriers
against effective dispositions. Worse still, it requires the criminal justice system to
put "harm reduction' services on equal footing with legitimate treatment programs.
For those who do not know, in this context "harm reduction" is a euphemism for the
drug legalization movement. It requires treatment professionals and criminal justice
professionals to tolerate continued drug usage by offenders, if that is what the
offenders set as their own personal goals..
Proposition 5 is built upon the failed foundation of Proposition 36. If passed, NORA
would extend a previous ballot initiative called Proposition 36. Proposition 36 did not
go nearly as far as NORA in permitting numerous violations by offenders. Several
evaluations conducted by leading researchers at UCLA concluded that over one -
quarter of the offenders never arrived for a single treatment session, 60% of those
who did arrive dropped out prematurely, and only one - quarter completed treatment.
Put simply, over 75% of the cases were failures, while crime actually increased.
Offenders in Proposition 36 committed more drug and property crimes than
offenders who were not in Proposition 36.
Proposition 5 claims economic benefits that are speculative and might never
materialize. The Drug Policy Alliance states (falsely) that NORA will save California
taxpayers over $1 billion per year. California's Legislative Analyst's Office
concluded: "The exact cost to the state of carrving out the various provisions of this
measure [NORAI are unknown and could in the aggregate, be higher or lower than
Opposition to Proposition 5 (NORA)
September 23, 2008
Page 4
we have estimated by hundreds of millions of dollars annually, depending on how
this measure is interpreted and implemented." In other words, Proposition 5 could
end up saving California relatively little money, or could even cost California more
money in the long run as a result of higher crime and victimization rates. In fact, at
least one study in two California communities found that Proposition 36 wasted
money because it required the treatment system to continuously enroll and re- enroll
offenders who quickly dropped out, re- offended, and were then sentenced back to
treatment again and again.
• The Drug Policy Alliance wrote NORA in such a way as to enhance its own political
influence at the expense of its political and ideological opponents. NORA creates
independent oversight boards to control the departments of corrections, probation,
parole, the courts, and the public treatment system. Not surprisingly, laypersons
and professionals sympathetic to the Drug Policy Alliance legalization agenda will
staff these oversight boards. In essence, Drug Policy Alliance will assume, directly
or indirectly, power over your publicly elected and appointed officials.
• Proposition 5 threatens public safety, mandates ineffective treatments, wastes
money, and legitimizes drug abuse.
CONCLUSION:
Law enforcement professionals believe the passage of Proposition 5 (NORA) will
increase crime and addiction levels resulting in a less safe community. The California
Police Chiefs' Association, California Peace Officers' Association, California District
Attorneys' Association, and Chief Probation Officers' of California oppose it. I
encourage the City Council to adopt the attached Resolution opposing the passage of
Proposition 5.
Submitted by:
2 le 0--k A
Klein
F OF POLICE
Attachment: Proposed Initiative for Proposition 5
Resolution
RESOLUTION NO. 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH OPPOSING THE PASSAGE OF
PROPOSITION 5, ALSO KNOWN AS THE NONVIOLENT
OFFENDER REHABILITATION ACT (NORA).
WHEREAS, the Drug Policy Alliance, who placed Proposition 36 on the ballot in
2000, have again gathered signatures to place Proposition 5, the Nonviolent
Offender Rehabilitation Act, on the November 2008 statewide ballot, and
WHEREAS, the arguments and fact sheets in support of Proposition 5 do not
accurately reflect what this law would do nor highlight the local impact on public
safety, and
WHEREAS, the Safety and Communities Committee reviewed this item at its
September 3, 2008, meeting and recommended to approve opposition to
Proposition 5.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
The City Council is hereby authorized to formally oppose Proposition 5, also
know as the Nonviolent Offender Rehabilitation Act (NORA), on the November
2008 statewide ballot.
Adopted this 23rd day of September, 2008
MAYOR
ATTEST:
CITY CLERK
07 -0081
DANIEL N. ABRAHAMSON, ESQ.
819 Baraxoft Way, Bwkatay CA 847'1011(810) 229 -5211 *fax (51o) 2910i1eg8l1hl Wfttgpolicy.org
November 6, 2007
Ms. Krystal Paris
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244 -25550
Re: Request for Title and Summary for Proposed Initiative
Dear Ms. Paris:
EIVEp
N0V O SOT
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S_ OFFICE .
Pursuant to -Article II; Section 10(d) of the California Constitution, I am submitting the attached
proposed statewide ballot measure to your office and request that you prepmre a title and
summary of the measure as provided by law. Included with this submission is the required
proponent affidavit signed by me pursuant to section 9608 of the California. Elections Code. I
have also included a check to cover the $200 filing fee. My address as registered to vote is
provided on Attachment 'A' to this letter.
Thank you for your time and attention to this important matter -. if you require additional
information or have any questions, please contact me at (510) 229 -5211 or
legaldffWn@drugpolicy,org. '
Sincerely,
VaWeTN. Abrahamson, Esq.
Enclosures
0T -0081
SECTION 1. Title.
This Act shall be known and may be cited as the "Nonviolent Offender Rehabilitation Act of
2008:"
SECTION2. Findings and Declarations.
The People of the State of California hereby find and declare all of the following:
I. Failure to Provide Effective Rehabilitation is a Costly Mistake
(a) California's prison system has failed in its mission to rehabilitate criminals and protect public
safety.
(b) State prisons are::severely overcrowded and highly unsafe, currently with 175,000 inmates
squeezed into facilities designed for about 100,000. Many of these inmates entered prison for
nonviolent crimes and for nonviolent parole violations.
(c) Drug addiction is a leading cause of crime in California, with high prevalence among
arrestees, prisoners and parolees. Moreover, untreated addiction is deadly: drug overdose is the
second leading cause of accidental death:in the United States and disproportionately impacts
persons recently released from jail and prison.
(d) Punishment alone largely fails to "change nonviolent criminal behavior, particularly when
such behavior is driven by addiction and lack of basic education and skills,
(e) California's corrections system does not provide meaningful, rehabilitation services to most
inmates and parolees. Nonviolent offenders can languish for years behind bars without
education, vocational training, or rehabilitation programs of any kind. These inmates are then
released into our communities without access to meaningful services, and with no skills or
opportunities to help them safely and successfully be reintegrated into society.
(f) California's criminal justice system fails to offer effective drug treatment to ten&of thousands
of nonviolent offenders each year whose drug offenses and other criminal activity are driven by
substance abuse and addiction. Moreover, courts are required to spend scarce resources on
processing routine cases of adult marijuana possession, a waste of resources that can be curtailed
by penalizing small amounts of marijuana possession as an infraction.
(g) California now offers virtually no publicly funded drug treatment options'£or youth under the
age of 18, a tragic and short- sighted failure, in that young people with drug problems are at the
highest risk to lead.lives of addiction and criminality as adults. New sources of funding must be
found for youth programs. At the same time, youth under the age of 18 who are arrested for
possession of marijuana should receive appropriate, science -based drug education programs.
(h) California spends excessive time and resources monitoring nonviolent former inmates. ;Many
states require much less supervision for low -risk offenders and have lower recidivism rates:
Parole supervision should be targeted to more dangerous offenders, with serious or violent
criminals given heightened parole' supervision.
(i) High rates of incarceration and re-ncarceration result, in part, from lack of appropriate
treatment and rehabilitation options for youth and nonviolent offenders. Moreover, prison
overcrowding makes rehabilitation almost impossible, and the lack of rehabilitation for
nonviolent prisoners and parolees contributes directly to recidivism and re- incarceration of
recently released inmates.
Q) Studies show that providing drug treatment and rehabilitation services to youth, to nonviolent
offenders, and to nonviolent prisoners and parolees is an effective strategy to reduce future
criminality and recidivism.
(k) In light of the crisis in California's prison system, Californians need and demand a major re-
orientation of state policies to provide greater rehabilitation, accountability and treatment options
for youth, nonviolent offenders and nonviolent prisoners and parolees.
I1. Treatment and Rehabilitation Enhance Public Safety
(a).Public safety is enhanced wltcn young people are offered drug education and treatment,
including family counseling„ upon the first signs of a substance abuse problem.
(b) Public safety1s enhanced when nonviolent, addicted offenders receive effective drug
treatment and mental health services, instead of incarceration.
(c) Public safety is enhanced when nonviolent prisoners and parolees participate in effective
rehabilitation programs designed to assist them in a successful reintegration into society.
(d) Public safety and institutional safety are enhanced when prisons are not-foreed to house more
inmates than they were designed to hold. Rehabilitation programs have more successful .
outcomes when there is adequate space for programs and a minimum of lockdowns that impede
such programs. Further, rehabilitation programs achieve better results when inmates have
incentive to participate in and complete such programs.
(e) Public safety is enhanced when probation and parole officers oversee manageable caseloads
and can.focus on serious and violent offenders.
(f) Califomia can protect public safety, save hundreds of millions of dollars, and reduce the
unnecessary incarceration of nonviolent offenders by:
(l) expanding treatment opportunities for youth;
(2) diverting nonviolent offenders to treatment and providing incentives for them to complete.
such treatment;
(3) creating incentives for nonviolent inmates to behave in prison and to participate in and
complete meaningful rehabilitation programs; and
(4) focusing parole resources on more dangerous offenders, and extending the period of
supervision for such offenders, while providing effective rehabilitation programs for parolees.
111. Oversight and Accountability Are Critical for Individual Offenders and for Systems
(a) Offenders participating in rehabilitation and- treatment programs in the criminal justice system
must be held accountable by courts and parole.authorities through the use of regular status
hearings and structured responses to problems during treatment and rehabilitation.
(b) The criminal justice system must recognize that addiction, by definition, is achronic,
relapsing disease, and that addiction, standing alone, is not a behavioral problem for which
punishment is appropriate. Punishing addiction has not worked and has proven
counterproductive. Accordingly, it is incumbent.upon criminal justice professionals to adhere to
scientific research and clinical best practices that, among other things, recognize the various
stages of recovery, endorse the use of incentives to improve treatment success rates, and sharply
curtail the types and severity of sanctions used to respond to problems in treatment.
(c) Oversight and evaluation of treatment and rehabilitation programs is essential to ensure that
appropriate programs are offered and best practices are adopted. To this end, independent
2
researchers should study treatment and rehabilitation programs for youth, nonviolent offenders,
inmates and parolees, and should report those results to the public. In addition, government
agencies implementing new treatment and rehabilitation programs should be monitored and
guided by independent commissions and authorities, with public input, to keep these efforts
transparent and responsive to the public.
IV. Treatment and Rehabilitation Are Already a Proven Success; Programs Should Be Improved
and Expanded
(a) Broadly based rehabilitation programs for nonviolent offenders in California are a proven
success, In November 2000, the people approved Proposition 36; the Substance Abuse and
Crime Prevention Act of 2000, requiring community -based drug treatment instead of
incarceration for nonviolent drug possession offenders.
(b) Since its passage in 2000; Proposition 36 has offered treatment to over 190;000 non - violent
drug possession offenders. It has guided roughly 36,000 people into treatment each year.
(c) The treatment success rate for Proposition 36 is on a par with success rates found for some of
the most effective treatment systems studied in California and across America.
(d) Independent studies by researchers at the University of California; Los Angeles, show that
Proposition 36 saves taxpayers between $2.50 and $4.00 for every $1.00.invested in the program.
Overall, the program saved taxpayers nearly $1.8 billion during the first six years of the new
law's implementation.
(e) Despite its success, Proposition 36 treatment programs are not funded adequately. As a result,
people in the program all too often receive less treatment, or the wrong kind of treatment. Two
studies released in 2006 indicated that funding should be at least $228 million to $256 million,
however, less than half the suggested amount was appropriated for fiscal year 2007.08; and
counties are now sharply curtailing the type, intensity, and quality of treatment offered.
California is better served by adequately investing in cost - effective treatment for nonviolent
offenders.
(f) Several other states have successfully reduced recidivism by former inmates by providing
rehabilitation programs, before and after release from prison. Small -scale efforts in recent years
in California have been less successful, due to the limited scope of the programs and the
substantial barriers to implementation of those programs.
(g) It is time to expand drug treatment; diversion pioneered by Proposition 36, and to coordinate,
cohere, supervise, and, where appropriate, universalize multiple independent programs.
(h) California must commit to providing effective treatment to low -level offenders caught up in
the criminal justice system and continue this commitment to rehabilitation for persons who are
incarcerated, and after their release. The failure to seize these opportunities to address some of
the root causes of criminal behavior risks the return of many offenders to the criminal justice
system.
(i) Existing laws allowing people suffering from addiction to be prematurely terminated from
treatment and incarcerated due to foreseeable relapses or problems should be amended to
promote continued treatment, provided that a person is not committing additional crimes.
0) The use of jail time to punish relapses and misbehavior during the treatment period has never
been proved effective, and therefore should be reserved only for those people who are at
imminent risk of being terminated from probation and treatment, and only after incentives and
graduated sanctions have failed.
(k) Community -based treatment should be an option for a wider range of nonviolent offenders
than covered by Proposition 36, provided that the offender's conduct is found to result primarily
from the offender's underlying substance abuse problems. Where such offenders are afforded
treatment instead of incarceration, the criminal justice system should.be<given. additional tools.
and resources to provide effective treatment,.ensure offender accountability, and.prevent future
criminality.
(1) In 2006, the Legislature passed a bill known as Senate Bill 1137 (Chapter 63,,`$006 statutcs.)
attempting to amend Proposition 36. The proposed amendments, however, were enjoined by a
court as likely unconstitutional because they conflict with the original measure. ,If the
amendments are eventually ruled invalid, the legislation calls for them to be placed before the
electors. In considering this measure, the.People are considering substantially similar legislation,
and therefore declare it unnecessary and undesirable for the 2006 legislation to be referred to the
ballot.
SECTION 3. Purposes and Intents,
The People hereby declare that the intents and purposes of this measure are to:
(a) Prevent crime,, promote addiction recovery, provide rehabilitation services and restorative .
justice programs, and heighten accountability for youth and nonviolent offenders.
(b) Reduce prison overcrowding and use prison beds primarily for serious and violent offenders
and sex offenders, who pose the greatest risks to our communities.
(c) Create a continuum of care providing drug treatment and related services for at -risk youth
and for people entering treatment through the court system, with graduated steps tied to the, .
severity of a person's substance abuse problems and criminal history, beginning with programs
under Penal Code Section 1000.
(d) Create a continuum of care providing rehabilitation programs for prison inmates, parolees
and former parolees, with the goal of reducing recidivism and preventing future criminal activity
by offering appropriate services whenever they are necessary.
(e) Preserve valuable court resources currently spent processing adults caught possessing
marijuana for personal use by penalizing possession of small amounts of marijuana for personal
use as an infraction with .a fine; diverting young people caught using marijuana into appropriate
science -based drug education programs, and providing additional money for youth programs
through the re- direction of fines paid by people caught possessing marijuana.
(1) Limit the use of state prisons to punish minor parole violations by nonviolent parolees,
provided that. such parolees have never committed a serious or violent felony, a sex offense
requiring registration, or a gang crime.
(h) Provide appropriate incentives and rewards for nonviolent offenders, prisoners and parolees
who participate in treatment and rehabilitation, to encourage participation and completion of
such programs.
(i) Improve the efficacy of our criminal justice system by making appropriate treatment and
rehabilitative services a major focus in the processing of nonviolent offenders.
0) Transform the culture of our state corrections system by elevating the mission of
rehabilitation of prisoners and former inmates and integrating that mission with parole through
creating new rehabilitation positions, including, a new secretary, at the Department of Corrections
and Rehabilitation.
4
(k) Extend parole supervision "for serious and violent offenders, and to reduce parole caseloads:so
that parole officers can focus on more dangerous offenders.
(1) Refocus parole supervision for nonviolent offenders to prioritize their re- integration into
society, free from lives of addiction and crime.
(m) Fund adequately and to ensure effective, high quality treatment and rehabilitation programs
for all of the populations referenced herein.
(n) Provide a range of programs and incentives'for nonviolent offenders, prison inmates and
parolees, without limiting the range of programs or incentives that may be offered to persons
who do not qualify under the terms of this: measure,
(o) Prevent overdose death and morbidity by offering overdose awareness and prevention
education to inmates in county jails.
(p) Ensure independent oversight and guidance to government agencies charged with
implementing the programs outlined in this Act by appointing diverse groups of stakeholders to
help serve as the public's eyes, ears, and voices in shaping and monitoring the implementation of
the Act.
(q) Strengthen California's drug courts by adequately funding those courts, permitting those
courts to fashion their own:eligibility criteria and operating procedures, and holding them
accountable by requiring those courts, for the first time, to systematically collect and report data
regarding their budgets, expenditures, operations, and treatment outcomes.
(r) Provide voters with the final say on these matters at the time of the election on this measure,
and to therefore strike a provision of Senate Bill 1137 (Chapter 63, 2006 statutes) that might
otherwise require a future election on substantially the same subject.
SECTION 4. Addition of a Secretary of Rehabilitation and Parole to the Department of
Corrections and Rehabilitation.
Section 12838 of the Government Code is hereby amended to read:
12838. (a) There is hereby created in state government the Department of Corrections and
Rehabilitation, to be headed by 449e two secretaries who shall be known as
the Secretary of Rehabilitation and Parole and the Secretary of Corrections, The Secretary of
Rehabilitation and Parole shall be appointed by the Governor no later than February 1, 2009,
subject to Senate confirmation, and shall serve a six year term. The Secretary of Corrections
shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the
pleasure of the Governor. The secretaries shall be eligible for reappointment. The Department
of Corrections and Rehabilitation shall consist of Adult Operations, Adult Programs, Juvenile,
Justice, the Corrections Standards Authority, the Boatd of PaFela Memiaga, the State
Commission on Juvenile Justice, the Prison Industry-Authority, and the Prison Industry Board;
and Parole Policy, Programs and Hearings, to include the Board of Parole Hearings. The
duties of the two secretaries shall be divided as follows:
(1) The Secretary of Rehabilitation and Parole shall have primary responsibility for parole
policies and rehabilitation programs, including all such programs operated by the Department,
whether inside prison or outside, at the effective date of this Act, and shall exercise duties such
as those set forth in Penal Code sections. 40565 and 5060 ;.
(1) The Secretary of Corrections shall have primary responsibility for institutions and shall
exercise duties such as those set forth in Penal Code sections 5054.15054.2, 5061, 5062, 5063,
5084 and 5084;
(3) The Legislature shall by a majority vote delineate the responsibilities of the secretaries
consistent with the purposes and intents of their respective positions.
(b) The Governor, upon recommendation of the seere secretaries, may appoint two
undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate
confirmation. The undersecretaries shall hold office for a term of five years m *e Measure of the
6everaor. One. undersecretary shall oversee program support and the other undersecretary shall
oversee program operations for the department. The undersecretaries serving at the effective
date of this Act shall continue to serve at the pleasure of the Governor.
(c) The Governor, upon recommendation of the seeretary secretaries, shall appoint three chief
deputy secretaries; subject to Senate confirmation, who shall hold office for a term of five years
. One chief deputy secretary shall oversee adult operations, one
chief deputy secretary shall oversee adult programs, and one chief deputy secretary shall oversee
juvenile justice for the department. The chief deputy secretaries serving at the effective dale of
this Act shall continue to serve at the pleasure of the Governor.
(d) The Governor, upon recommendation of the seeretary secretaries, shall,appoint an assistant
secretary, subject to Senate confirmation, who shall be responsible for health care policy for the
department, and shall serve at the pleasure of the Governor.
(e) The Governor, upon recommendation of the seereiaissy secretaries, shall appoint, im Assistant
Secretary for Victim and Survivor Rights and Services, and an Assistant Secretary for
Correctional Safety, who shall serve at the pleasure of the Governor.
SECTION S. Section 12838.1 of the Government Code is hereby amended to read:
12838.1. There is hereby created within the Department of Corrections and Rehabilitation, under
the Chief Deputy Secretary for Adult Operations, the Division of Adult Institutions-and-die
. Eaeh The division shall be headed by a division chief, who
shall be appointed by the Governor, upon recommendation of the sew° secretaries, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.
(b) The Governor shall, upon recommendation of the seeve" secretaries, appoint five
subordinate officers to the Chief of the Division of Adult Institutions, subject to Senate
confirmation, who shall serve at the pleasure of the Governor. Each subordinate officer
appointed pursuant to this subdivision shall oversee an identified category of adult institutions,
one of which shall be female offender facilities.
SECTION 6. Section 12838.2 of the Government Code is hereby amended to read:
12838.2. (a) There is hereby created within the Department of Corrections and Rehabilitation,:
under the Chief Deputy Secretary for Adult Programs, the Division of Community Partnerships,
the Division of Education, Vocations and Offender Programs, and the Division of Correctional
Health Care Services. Each division shall be headed by a chief who shall be appointed by the
Governor, at the recommendation of the seeQetg secretaries, subject to Senate confirmation,
who shall serve at the pleasure of 'the Governor.
(b) There is hereby created within the Department of Corrections and Rehabilitation, under the
Secretary of Rehabilitation and Parole, the Division of Parole Policy Programs and Hearings,
which, notwithstanding any other law, shall include the Board of Parole Hearings and the Adult
Parole Operations Authority, and which shall retain all of the powers, dirties, responsibilities,
obligations, liabilities and jurisdictionof the former Division of Adult Parole Operations. The
division shall be headed by a chief who shall be appointed by the Governor, upon
recommendation of the Secretary of Rehabilitation and Parole, and who shall serve a five year
term and who shall be eligible for reappointment. The Secretary of Rehabilitation and Parole
shall ensure that the Division of Parole Policy, Programs and Hearings fully coordinates
activities, as appropriate, with the other divisions under his or her direct authority, as well as
with other divisions of the Departmeru, with the goal ofsuccessful reintegration offormer
inmates into society.
(c) There is hereby created within the Department of Corrections and Rehabilitation, under the
Secretary of Rehabilitation and Parole, the Division of Research for Recovery and Re -Entry
Matters. This division shall be headed by a chief who shall be appointed by the Secretary of
Rehabilitation and Parole, who shall serve a five -year term,, and who shall be eligible for
reappointment. This division shall coordinate data collection,and publish information about the
Department's rehabilitation programs consistent with the mandates ofthe Parole Reform
Oversight and Accountability Board. Nothing in this section precludes the Legislature by
majority vote from creating additional divisions under the Secretary of Rehabilitation, and
Parole.
SECTION 7. Section 12838.4 of the Government Code is hereby amended to read:
12838.4. The Board of Parole Hearings is hereby created. The Board of Parole Hearings shall be
comprised of 4-7 29 commissioners, who shall be appointed by the Governor, upon
recommendation of the Secretary of Rehabilitation and Parole,
for three -year terms. The Board of Parole Hearings hereby succeeds to, and is vested with, all the
powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the following entities,
which shall no longer exist: Board of Prison Terms, Narcotic Addict Evaluation Authority, and
Youthful Offender Parole Board. For purposes of this article, the above-entities shall be known
as "predecessor entities." Notwithstanding this section, commissioners who are serving on the
Board of Parole Hearings on the effective date of this Act shall serve the.remainder of their
terms,
SECTION 8. Section 12838.7 of the Government Code is hereby amended to read:
12838.7. (a) The Seeretary Secretaries of the Department of Corrections and Rehabilitation shall
serve as the Chief Exectitive Officers of the Department of Corrections and Rehabilitation and
shall have all of the powers and authority within their respective jurisdictions, as delineated by
the Legislature pursuant to the terms of subdivision (a) of Section 12838, which are conferred
upon a head of a state department by Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Without limiting any other powers or duties, the seem" secretaries shall assure compliance
with the terms of any state plan, memorandums of understanding, administrative order;
interagency agreements, assurances, single state agency obligations, federal statute and
regulations, and any other form of agreement or obligation that vital government activities rely
upon, or are a condition to, the continued receipt by the department of state or federal funds or
services. This includes, but is not limited to, the designation, appointment, and provision of
individuals, groups; and resources to fulfill specific obligations of any agency; board, or
department that is abolished pursuant to Section 12838.4 or 12838.5.,
SECTION 9. Section 12838.12 of the Government Code is hereby amended to read:
12838.12. (a) Any officer or employee of the predecessor entities'who is engaged in the
performance of a function specified in this reorganization plan and who is serving in the state
civil service, other than as a temporary employee, shall be transferred to the Department of
Corrections and Rehabilitation pursuant to the provisions of Section 19050.9.
(b) Any offloer or employee of the continuing entities who is engaged in the performance of a
function specified in this reorganization plan and who is serving in the state civil service, other
than as a temporary employee, shall continue such status with the continuing entity pursuant to
the provisions of Section 19050.9.
(c) The status, position, and rights of any officer or employee of the predecessor entities shall not
be affected by the transfer and shall be retained by the person as an officer or employee of the
Department of Corrections and Rehabilitation, as the case may be, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to a position that is exempt from civil service.
(d) It is the intent of the People that to the extent permitted bylaw any positio .created pursuant
to this Act under the Secretaryfor Rehabilitation and Parole shall be occupied by the.same
category of rehabilitation personnel, sworn peace officers and other employees.employed by the
Department to provide services prior to this Act, and that the status, position, and rights of any
officer or employee of the Department of Corrections and Rehabilitation shall not be affected by
the structural changes to the Department required by the Act, and officers and employees : shall
be retained by the Department pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code), except as to a position that is
exempt from civil service.
SECTION 10. Section 12838.13 of the Government Code is hereby amended to read:
12838.13. This article as amended shall become operative as of July 1,,240-5 2009, except that
the Secretary of Rehabilitation and Parole shall be appointed by February 1, 2009, as provided.
SECTION 11. Section 1210 of the Penal Code is amended to read:
1210. As used in Sections 1210.01 to 1210.05, inclusive, and Sections 1210.1, 1210.2 and
3063.1 of this code, and Division 10.8 (commencing with Section 11499.4) of the Health and
Safety Code, the following definitions apply:
(a) The term "nonviolent drug possession offense" means the unlawful personal use, possession
for personal use, or transportation for personal:use,. or being under the influence of any
controlled substance identified in Section 11054, 11055, 11056, 11057 or 11.1058 of the Health
and Safety Code, or of any controlled substance analog as defined in Section 11401 of the
Health and Safety Code, or the offense of being under the influence of a controlled substance in
violation of Section 11550 of the Health and Safety Code, or of any drug paraphernalia offense
as defined in Section 11364 of the Health and Safety Code or Section 4140 of the Business and
Professions Code. The term "nonviolent drug possession offense" does not include the
possession for sale, transportation for sale, production, or manufacturing of any controlled
substance and does not include violations of Section 4573.6 or 4573.8. A jury's determination
that a defendant is guilty of simplepossession is a dispositive finding that the defendant is
eligible for probation under this Act absent other disqualifying factors set forth in separate
sections of the Act. People v. Dove, 124 Cal. App. 4th 1 (2004), is hereby nullified
(b) The term "drug treatment program," "interim treatment progrpm" `or "drug treatment," means
a state licensed or certified community drug treatment program, which may include one or more
of the following: science -based drug education, outpatient services, medication - assisted
treatment R089lie Fe0iteemem thempy, residential treatment, mental health services
and aftercare or continuing careserAw. The term "drug treatment
program" or "drug treatment" includes a drug treatment program operated under the direction of
the Veterans Health Administration of the Department of Veterans Affairs or a program
specified in Section 8001. That type of program shall he eligible to provide drug treatment
services without regard to the licensing or certification provisions required by this subdivision,
Detoxification services in a non - custodial setting, and/or mental health services, may be
provided as apart of drug treatment as defined in this subdivision, but neither service shall be
deemed sufficient to serve as treatment. The term "drug treatment program" or "drug treatment"
does not include drug treatment programs offered in aprison, -er jail or other custodial facility.
(c) The term "medication- assisted treatment " means the medically indicated and medically
managed use of any prescription medication, with the defendant's consent, as a part of drug
treatment, or as a complement or supplement to such treatment: Examples include, but are not
limited to, the use of anti psychotics, relapse prevention medications, mood stabilizers, and
opioid agonists (including methadone and buprenorphine). Drugs or medicines used as a part of
medication - assisted treatment are presumptively a legitimate and allowable expense in addition
to the costs of treatment services.
(e)(d) The term "harm reduction therapy" and "harm reduction services" means programs
guided by a public health philosophy which promotes methods of reducing the physical, social,
emotional, and economic harms associated with drug misuse and other harmful behaviors on
individuals, their families, and their communities. Harm reduction therapy recognizes that
people use drugs, including alcohol, for a variety of reasons, and strives for an Integrated
treatment approach that addresses the complex relationship that people develop with
psychoactive substances over the course of their lives, in the context of the social and
occupational impacts and psychological and emotional implications of their substance misuse.
Harm reduction programs are free ofjudgment or blame and directly involve the client in setting
his or her own goals.
(e) The term "successful completion of treatment" means that defendant who has had drug
treatment imposed as a condition of probation has completed the prescribed course of drug
treatment as recommended by the treatment provider and ordered by the court and,. as a result;
there is reasonable cause to believe that the defendant will not abuse controlled.substances in the
future. Successful . ompletion of treatment shall not
require termination or detoxification from medication - assisted treatments, or other medications
which the court may verify to be taken pursuant to a valid prescription or otherwise taken .
consistent with state law.
(d)(f) The term "misdemeanor.not related to the use of drugs" means a misdemeanor that does
not involve (1) the simple possession or use of drugs or drug paraphernalia, being present where
drugs are used, or failure to register as a drug offender, or (Z) any activity similar to those listed
in (1).
(g) The term "clinical assessment" means an evaluation perfarmed-by a qualified health care
professional or drug treatment professional certified by the state Department of Alcohol and
Drug Programs, pursuant to regulations approved by the Oversight Commission, using a
standardized tool to determine an individual's social and educational history, drug use history,
addiction severity and other factors indicating the individual's needs and the appropriate course
of drug treatment, including opioid agonist treatment. When appropriate, a clinical assessment
may include a separate evaluation of mental health needs and/or psychiatric and psychological
factors.
(h) The term ``criminal' history evaluation" means a report by a probation department or other
entity appointed by the court detailing a defendant `s history of arrest, conviction, Incarceration
and recidivism. Such an evaluation may include opinions or recommendations regarding.the risk
of recidivism by the defendant and appropriate monitoring conditions far the defendant.
(i) The term "addiction training" shall mean an educational program about drug abuse and
addiction intended far an audience ofpersons working with defendants placed into treatment
under the terms of this Act. The objectives and content of addiction training programs shall be
established by the Department of Alcohol dnd Drug Programs in collaboration with a statewide
association of physicians specializing in addiction and with the Judicial Council; provided,
however, that one required portion of every addiction training course shall consist of education
regarding opioid addiction and opioid agonist therapies and one portion shall cover principles
10
and practices of harm reduction. Such training programs :may be paid for from'the Substance
Abuse Treatment Trust Fund, in an amount approved by the Oversight Commission:
6) "Incentives and rewards " means a response by a treatment provider or by the court to a
client's or defendant's progress, attainment ofcertain goals or benchmarks, or other good
behavior in the course of treatment pursuant to this section, or the promise of such rewards,
intended to encourage future progress and goodbehavior. Counties may spend funds allocated
under this section to provide a range ofsuch benefits to persons undergoing treatment pursuant
to this section, consistent with regulations approved by the Oversight Commission. The
Department ofAleohol and Drug Programs shall annually publish a list of examples of
appropriate incentives and rewards.
(k) The term "drug - related condition ofprobation "shall be interpreted broadly and shall
include, but not be limited to, a probationer's specific drug treatment regimen; employment,
vocational training, educational programs, psychological counseling, and family counseling.
0) "Graduated sanction" means a response by a treatment provider or by the court to a client's
or defendant's mis'behavior;,probation violations or relapse during treatment, intended to hold a
person accountable for his or her actions, provide a negative consequence and deter future
problems from occurring Sanctions are graduated in that they begin with a minimal negative
consequence and become more onerous with additional misbehavior, violations or relapses.
Examples may include, but not be limited to,. requiring additional visits.to treatment, increased
frequency of drug testing, attendance at a greater number of court sessions or community
service. The Department of Alcohol and Drug Programs shall annuallypublish.a list of
examples ofappropriate sanctions; Graduated sanctions do not includejail sanctions.
(m) "Jail sanction" means the imposition ofa term ofincarceration in a counlyjail in response
to a defendant's misbehavior or probation violations. The length of time allowable for a jail
sanction may be specified by statute; otherwise, no jail sanction shall exceed 10 days. Imposition
ofa jail sanction does not require, or imply, the termination of drug treatment.
When determining whether to impose jail sanctions, the court shall consider, among other
factors, the seriousness ofthe violation, previous treatment compliance, employment, education,
vocational training, medical conditions, medical treatment, including opiod agonist treatment,
and including the opinion of the defendant's licensed and treatingphysician ifavatlable and
presented at the hearing, child support obligations, andfamily responsibilities. The court shalt
also consider whether illicit drugs are available in the county's jail, the prevalence ofdrug use
therein, and any documented impact ofdrug- related harms resulting from drug use in jail.
(n) "Youth programs" means non - custodial programs and services joe youth under the age of 18
who are considered to be nonviolent and at risk of committingfuture drug offenses, pursuant to
guidelines established by the Oversight Commission. Services may include, but shall not be
limited to : drug treatment programs; family therapy for the youth, parent, guardian or primary
caregiver; mental health counseling; psychiatric medication, counseling and consultation;
education stipends for fees at university, college, technical or trade schools; employment
stipends; and transportation to any of these services.
11
SECTION 12. Section 1210.01 is added to the Penal Code to read:
1210.01 Assessment of Defendants Prior to Charging or Eligibility Determination
Notwithstanding any other provision oflaw, the court may order a clinical assessment and/or
criminal history evaluation for any person arrested for an offense that might result in diversion
and treatment under Track 1, Track 11, or Track 117, as provided in.seetions 1210:03 to 1210.05,
inclusive, section 1210.1 and section 1210.2. The costs of the clinical assessment shall be
reimbursable from funds provided pursuant to this Act. The defendatirshall have the right to
counsel and may refuse the clinical assessment and/or any interview for the criminal history
evaluation until after the arraignment and a plea is entered.
For any defendant who does appear for a clinical assessment or criminal history evaluation, no
statement made by the defendant, or any information revealed during the course of the
assessment or evaluation with respect to the specific offense with which the defendant is charged
shall be admissible in any action or proceeding brought subsequently, including a sentencing
hearing.
SECTION 13. Section 1210.02 is added to the Penal Code to read:
1210.02 Treatment Placement, Monitoring Conditions, Payment, Judicial Training
(a) Any defendant found eligible for treatment diversion under Track 1, Track 11 or Track 111
shall be.plaeed into appropriate treatment and shall have monitoring conditions imposed
consistent with the following terms:
(1) In determining an appropriate treatment program, the court must rely upon the clinical
assessment of the defendant.
Prior to a final determination of the appropriate treatment program and the availability of such
a program for the defendant, the court may order the defendantto attend any available treatment
program that partly serves the defendant's needs as an interim measure for purposes of quickly
engaging the defendant in treatment provided that such an interim placement shall be for no
more than sixty days: Defendants who refuse to attend such an interim treatment program shall
not accrue violations ofdrug- related conditions ofprobation until placement in an appropriate
treatment program. Defendants who participate in an interim treatment program shall not
accrue program violations or violations of drug- related conditions of probation while attending
an interim placement. The court shall credit the time that the defendant attends an interim
treatment program toward the overall period of treatment required.
(2) The court shall refer the defendant to opioid agonist treatment or other medication- assisted
treatments where the clinical assessment indicates the need for such treatment.
(3) In determining the appropriate monitoring conditions and requirements imposed upon the
defendant the court must rely upon the criminal history evaluation and elinical..assessment.
12
(4) A defendant may request to be referred to a drug treatment program in any county
(5) Any defendant who is participating in a treatment program in Track 1, Track 11 or Track III
may be required to undergo analysis ofhis or her urine for the purpose of testingfor the
Presence of any drug as part of the program. The results ofsuch analysis may bewsed solely as
a treatment tool to tailor the response ofthe treatment program and the court to the defendant's
relapse. Such results shall be given no greater weight than any other aspects of the defendant's
individual treatment program. Results ofsueh testingshall not be admissible:as a basis for any
new criminal prosecution or proceeding, nor shall such results be cause, in and of themselves,
for the court to enter judgment in a case where the defendant has had entry yof judgment deferred
under Track I diversion, or for the court to find that a violation of probation has occurred. A
court may consider a test result as positive only if the laboratory performing such analysis
utilized the following procedures and standards: validity testing, initial and confirmation
testing, cutoff concentrations, dilution and adulteration criteria, and split specimen procedures.
(b) No person otherwise eligible for treatment shall be denied access to treatment due to the
presence of a co- occurring psychiatric or developmental disorder or language barrier, nor shall
an eligible defendant be required to cease the use of any medication - assisted treatments, or
other medications taken pursuant to a valid pre "scrption or otherwise taken consistent with state
law, subject to court verification.
(7) In addition to any fine assessed under other provisions of law, the trial judge may require
any person placed in Track 1, Track II or Track 111 treatment who is reasonably able to do so to
contribute to the cost of his or her own placement in an appropriate drug treatment program,
detoxification services or urinalysis, provided that:
(A) Failure to pay such costs shall not be grounds for a treatment provider to ref ire to report a
client's completion of a program.
(B) Failure to pay such costs shall not be grounds for a court to deny dismissal of charges,
indictment, complaint or conviction.
(C) Failure to pay such costs shall not be grounds to refuse to seal records upon satisfactory
performance or successful completion of treatment under Tracks I or 11, respectively.
(D) Before or after the completion of treatment, the court may require community service as an
alternative to the payment of outstanding fees, fines or court costs, or may use administrative or
civil methods to require payment of any outstanding amount.
(E) A person who is unable to pay the cost of his or her placement in a drug treatment program
shall not be deprived of appropriate drug treatment or urinalysis ordered by the court.
(8) The court may also require participation in educational programs, vocational training,
family counseling, health care, including mental health services, literacy training and/or
community service, harm reduction services, and any other services that may be identified as
13
appropriate bythe clinical assessment of the defendant or through other evaluations of the
defendant's needs.
(b) After July 1, 2010, every judge: regularly presiding over a Track 1, Track 11 or Track 111
diversion case after a defendant is ordered to appear for a clinical assessment shall annually
complete an addiction training course.
SECTION 14. Section 1210.03 is added to the Penal Code to read
1210,03 Track I Treatment ,Diversion with Deferred Entry of Judgment
(a) Notwithstanding any other provision of law, drug treatment shall be provided to eligible
defendants.. A defendant is eligible for the disposition options, sanctions and treatment programs
of Track I diversion if:
(1) The defendant is charged with one or more nonviolent drugpossession offenses.
(2) The defendant has never been convicted of an offense defined in subdivision (c) of Section
667.5 as a violent felony or any offense defined in subdivision (c) of Section 1192.7 as a serious
felony.
(3) The defendant has no prior conviction for any felony, other than a single nonviolent drug
possession offense, within five years prior to the alleged commission of the charged offense.
(4) The defendant is not charged with any other offense that'is not a nonviolent drugpossession
offense.
(b) A defendant who is not eligible solely because of a concurrent charge for another offense.as
provided in paragraph (4) of subdivision (a), whether in the same or another case, in the sate
or another jurisdiction, may be deemed eligible for Track I treatment pursuant to this section if
the court determines that it is in the interest of the defendant and in the furtherance of justice to
permit deferred entry of judgment.
(c) A defendant may refuse Track I treatment. No defendant shall be ruled: in eligible for Track 1
treatment solely because of failure to complete a diversion program offered pursuant to Penal
Code Section 1000.
(d) A defense attorney, a prosecuting attorney, or the court:on its own motion, may request Track
I treatment diversion for any defendant when it appears that the defendant meets the criteria set
forth in Section 1210.03(a). or the court has made the findings specified to Section 1210.03(b).
The court shall order an evidentiary hearing in any casein which there is a dispute as to the
defendant's eligibility for Track; l treatment diversion, The prosecution shall have the burden to
prove that the defendant is not eligible. If the defendant is found ineligible, the court shall state
the grounds for so finding on the record
14
(e) If the court determines that a defendant is eligible for Track I treatment diversion, the court
shall provide the following to the defendant and his or her attorney:
(1) A full description of the procedures for Track I treatment diversion, including any waivers
required of the defendant, the defendant's right to refuse the program, the defendant's rights
during the program, the potential duration of the program, the benefits a defendant may expect
for completing the program and the consequences of failure to complete the program.
(2).A general explanation of the roles and authorities of the probation department, the
prosecuting attorney, the program, and the court in the process. An explanation of criminal
record retention and disposition resulting from participation in the deferred entry ojjudgment
program and the defendant's rights relative to answering questions about his or her arrest and
deferred entry of judgment following successful completion of the program.
(0 If the defendant consents and waives his or her right to a speedy trial or a speedy preliminary
hearing, the court shall grant deferred entry ojjudgment if the defendant pleads guilty to the
charge or charges and waives time for the pronouncement ojjudgment.
(g) At the time that deferred entry ojjudgment is granted, -any bail bond or undertaking, or
deposit in,lieu thereof, on file by or on behalf of the defendant shall be exonerated
(h) At the time deferred entry ojjudgment is granted, the court shall seal from public view all
records and files concerning the qual6ing offense, including all records of arrest and detention,
for the period the defendant is participating in a treatment program referred to in this section or
is on a waiting list for a program referred to in this section.
(1) The court shall order'the defendant to appear for a clinical assessment and criminal history
evaluation, and shall thereafter order the defendant to attend and complete an appropriate
treatment program. If the defendant had a clinical assessment performed prior to a
determination of eligibtltty, the court may order a new assessment. The court shall thereafter
place the defendant in treatment and set monitoring conditions consistent with the terms and
requirements ofSeetion 1210.02.
6) If defendant receives deferred entry ojjudgment under this section, and has not yet begun
treatment within 30 days of the grant of deferred entry ojjudgment, the court shall conduct a
hearing to determine the reasons for the defendant's failure to begin treatment. The court shall
consider evidence from the parties, probation department and treatment provider. At the
hearing, the defendant may refuse treatment and deferred entry ojjudgment.
If the defendant does not refuse treatment, the court may re -refer the defendant to the treatment
program and may impose graduated sanctions or may enter judgment for the defendant's failure
to start treatment, provided, however, that sanctions shall not be imposed or judgment entered
when the defendant's failure to begin treatment resulted from a county's inability to provide
appropriate treatment in a timely manner or from the county's failure to make treatment
reasonably accessible, such as the failure to offer child care for a parenting defendant or jadure
15
to provide transportation if needed. A defendant fbr whom judgment is entered clue io failure to
begin treatment shall be transferred to Track 11 treatment diversion.
The court shall collect and report all data relevant to a defendant's (allure to begin treatment
within 30 days, the reasons therefore, and the court's responses, In any form required by the
Oversight Commission. Such data regarding treatment show rates shall be published by the
Department, or researchers designated by the Oversight Commission, on a county -by- county and
statewide basis, not less than once per year.
(k) The period during which deferred entry of judgment is granted shall be for no less than six
months nor longer than 18 months. Progress reports shall be filed with the court by the
treatment provider andthe probation department as directed by the court.
(t) No statement that is made during the course of treatment or any information procured
therefrom, with respect to the spec(fc offense with which the defendant is charged shall be
admissible in any action or proceeding brought subsequently, including a sentencing hearing.
(m) Deferred entry of judgment for a violation of Section 11368 of the Health and Safety Code
shall not prohlbtt any administrative agency from taking disciplinary action against a licensee or
from denying a license. Nothing in this subdivision shall be construed to expand or restrict the
provisions of Section 1210. 05.
(n) A defendant's plea ofguilty pursuant to this chapter shall not constitute a conviction for any
purpose unless a judgment of guilty Is entered pursuant to Section 1210:04.
(o) During periodic review hearings to evaluate a defendant's progress, the court shall consider
the use of incentives and rewards to encourage continued progress, and may impose graduated
sanctions In response to problems reported by the treatment provider or probation department,
or In the court's discretion, without entry of judgment. The court may not impose a jail sanction
on a defendant participating In Track 1 treatment diversion.
(p) If the defendant has performed satisfactorily during the period in which deferred entry of
judgment was granted, the criminal charge or charges shall be dismissed and the case records
and files shall be permanently sealed, including any record of arrest and detention.
SECTION I5. Section 1210.04 is added to the Penal Code to read
1210.04. If It appears to the treatment provider, the prosecuting attorney, the court; or the
probation department that the defendant is performing unsatisfactorily in the assigned program,
or the defendant is convicted of a misdemeanor not related to the use of drugs, or the defendant
is convicted of a felony that is not a nonviolent drug possession offense, or the defendant has
engaged in criminal conduct rendering him or her unsuitable for deferred entry of judgment, the
prosecuting attorney or the court on Its own, may make a motion for entry ofjudgment.
After notice to the defendant, the court shall hold a hearing to determine whether judgment
should be entered. If the court finds that the defendant is not performing satisfactorily. in the
16
assigned program, or that the defendant is not benefiting from education, treatment, or
rehabilitation, or the court finds that the defendant has been convicted of a crime as indicated
above, or that the defendant has engaged in criminal conduct rendering him or her unsuitable
for deferred entry ofjudgment, the court shall render a finding of guilt to the charge or charges
plea; enter judgment; and schedule a sentencing hearing as otherwise provided in this code.
In determining'whether the defendant has performed satisfactorily or unsatisfactorily in any
treatment program, the court shall be guided by the evaluation providedfor the court by the
qualified treatment professional in charge of the defendant's treatment program, and the
treatmentprovider's opinion as to the prospects for the defendant to return to treatment and
continue treatment successfully with changes in the treatment plan.
If the court does not enter judgment; the treatment plan. may be amended, and graduated
sanctions may imposed, consistent with the recommendation of the treatment provider.
If the.court does enter judgment the court shall sentence the defendant to Track 11 probation and
treatment, if eligible. If the defendant has committed a new offense that is a misdemeanor not
related to the use of drugs or a felony that is not a nonviolent drug possession offense,
sentencing is not controlled by this section.
SECTION 16. Section 1210.05 is added to the Penal Code to read:
1210.05 (a) Any record f led with the Department>ofJustice shall indicate the disposition in
those cases deferred pursuant to this chapter. Notwithstanding any other provision of law, upon
successful completion of a deferred enhy of judgment program, the arrest upon which the
judgment was deferred shall be deemed to have never occurred. The defendant may indicate in
response to any question concerning his or her prior criminal record that he or she was not
arrested or granted deferred entry of judgment for the offense, except as specified in subdivision
(b). A record pertaining to an arrest resulting in successful completion of a deferred entry of
judgment program shall not be used in any way that could result in.the denial of any
employment, benefit, license, or certificate.
(b) The defendant shall be advised that, regardless of his or her successful completion of the
deferred envy of judgment program, the arrest upon which the judgment was deferred may be
disclosed by the Department of Justice in response to any peace officer application request and
that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to
disclose the arrest in response to any direct question contained in any questionnaire or
application for a position as a peace officer, as defined in Section 830.
SECTION 17. Section 1210.1 of the Penal Code. is hereby amended to read:
Section 1210.1 Track II Treatment Diversion After a Conviction.
(a) Notwithstanding any other provision of law, and except as provided in subdivision (b)(0,:any
person who is ineligible for Track 1 deferred entry diversion and is convicted of a nonviolent
17
drug possession offense shatl receive probation. As a condition of probation the court shall
require participation in and completion of an appropriate drug treatment program. The eeaft-shall
. A court may not impose incarceration as an additional condition of
probation. The court shall order the defendant to appear for a clinical assessment and criminal
history evaluation, and shall thereafter order the defendant to attend and complete an
appropriate treatment program. lfihe defendant had a clinical assessment performed prior to a
determination of eligibility, the court may order a new assessment. The court shall thereafter
place the defendant in treatment and set monitoring conditions consistent with the terms and
requirements ofSeetion 1210.02.
(b) Aside from the limitations imposed in this subdivision, the trial court is not otherwise limited
in the type of probation conditions it impose. Probation shall be imposed by suspending the
imposition of sentence.
of the Substimee Abuse —And-G-r-i-me R-m- omfien Ae! of 2000 based selely upon vvideRee of a ea
(c) Upon granting probation under subdivision (a), the court shall seal all records and files
concerning the qualifying offense, including all records of arrest, detention, and conviction, for
the period that the defendant is in treatment or on a waiting fist for treatment:
(d) To the greatest extent possible, any person who is convicted of, and placed on probation,
pursuant to this section for a nonviolent drug possession offense shall be monitored by. the court
through the use of a dedicated court calendar and the incorporation.of a collaborative court
model of oversight that includes close collaboration with treatment providers and probation, drug
testing commensurate with treatment needs, and supervision of progress through review
hearings.
(e) Any person who has been ordered to complete a drug treatment program. pursuant to this
section shall not be required7o comply with the drug offender registration provisions of section
11590 of the Health and Safety Code during the course of treatment. Said exemption will
become permanent upon the successful completion of the drug treatment program. Any person
convicted of a nonviolent drug offense that was deemed ineligible for participation in or has
been excluded from continued participation in this act shall be subject to the provisions of
Section 11590 of the Health and Safety Code.
(b)(f) Subdivision (a) shall not..apply to any of the following:
(1) Any defendant who previously has been convicted of one or more violent or serious felonies
as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1 tk.7, respectively,
unless the nonviolent drug possession offense occurred after a period of five years in which the
defendant remained free of both prison custody and the commission of ati.offense that results in a
18
felony conviction other than a nonviolent drug possession offense, or a misdemeanor conviction
involving physical injury or the threat of physical injury to another person.
(2) Any defendant who, in addition to one or more nonviolent drug possession offenses, has been
convicted in the same proceeding of a misdemeanor not related to the use of drugs or any felony
that is not a nonviolent drug possession offense:, except that with respect to a'misdemeanor
conviction the court shall have discretion to declare the person eligible for treatment under
subdivision (a) and suspend sentencing during participation in drug treatment.
(3) Any defendant who, while armed with a deadly weapon, with the intent to use the same as a
deadly weapon, unlawfully possesses or is under the influence of any controlled substance
identified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code.
(4) Any defendant who refuses drug treatment as a condition of probation
(5) Any defendant who has two separate convictions for nonviolent drug possession offenses, has
participated in two separate courses of drug treatment pursuant to subdivision (a), and is found
by the court, by clear and convincing evidence, to be unamenable to any and all forms of
available drug treatment, as defined in subdivision (b) of Section 1210. Notwithstanding any
other provision of law, the trial court shall sentence that defendant to 30 days in jail.
(6) Any defendant who, in the 30 months prior to the current conviction, has five or more
convictions for any offense or combination of offenses, including nonviolent drug possession
offenses, and not including infractions. A defendant who is ineligible for Track 17 treatment
diversion solely on the basis of this finding shall be eligible for Track 711 treatment diversion.
(g) No defendant shall be ruled ineligible for Track 11 treatment because offailure to complete a
diversion program offered pursuant to Penal Code Section 1000.
subdivision (b) of Seetien 667.5 shall be pmsumed ehgibl� fer tmalmsM tffidw subdiAsion (a).
6804 Shall, ON thO Feeer-d, swe its findings, the feaseas for these fin&*s.
fitnes widiin 4he prior 30 months shall be presumed 49 be eligible fer, traafmOM undff 9vb&48ie§I
on-w-*feeerd, 9" iis findings and the feasew for- these fitidirigs.
(4)(h) Within seven days of an order imposing probationunder subdivision (a), the probation
department shall notify the drug treatment provider designated to provide drug treatment under
19
subdivision (a). Within 30 days of receiving that notice, the: treatment provider shall prepare a
treatment plan and forward it to the probation department for distribution to the court and
counsel. The: treatment provider shall provide to the probation department standardized treatment
progress reports, with minimum data elements as determined by the department, including all
drug testing results. At a minimum, the reports shall be provided to the court every 90 days, or
more frequently, as the court directs.
(1) If a defendant receives probation under subdivision (a), and has not yet begun treatment
within 30 days of the grant of probation, the court shall conduct a hearing to determine the
reasons for the defendant's failure to appear at treatment. The court shall consider evidence
from the parties, probation department and treatment provider. At the hearing, the defendant
may refuse treatment under subdivision (a),
If the defendant does not refuse treatment, the court may re -refer the defendant to the treatment
program and may impose graduated sanctions or may revoke the defendant's probation for the
defendant's failure to start treatment, provided however, that sanctions shall not be imposed or
probation revoked when the defendant's failure to begin treatment resulted from a county's
inability to provide appropriate treatment in a timely manner or from the county's failure to
make treatment reasonably accessible, such as the failure to offer child care for a parenting
defendant or failure to provide transportation if needed. A defendant whose probation is
terminatedfor failure to begin treatment may be transferred to Track III treatment diversion in,
the discretion of the court.
The court shall collect and report all data relevant to a defendant's failure to begin treatment
within 30 days, the reasons therefore, and the court's responses, in anyform required by the
Oversight Commission. Such data regarding treatment show rates shall be published by the
Department, or researchers designated by the Oversight Commission, on a county -by- county and
statewide basis, not less than once per year,
(2) During periodic review hearings to evaluate a defendant's progress, the cowl shall consider
the use of incentives and rewards to encourage continued progress, and may impose graduated
sanctions in response to problems reported by the treatment provider or probation department;
or in the court's discretion, with or without afinding that a violation ofprobation has occurred
(-0(3) If at any point during the course of drug treatment ihetreatment provider notifies the
probation department and the court that the defendant is unamenable to the drug treatment being
provided, but may be amenable to other drug treatments or related programs, the probation
department may move the court to modify the terms of probation, or on its own motion, the court
may modify the terms of probation after a hearing to ensure that the defendant receives the
alternative drug treatment or program.
(4)(4) If at any point during•the course of drag treatment the treatment provider notifies the
probation department and the court that the defendant is unamenable to the drug treatment
provided and all other forms of drug treatment programs pursuant to subdivision (b) of Section
1210, the probation department may move Wrevoke probation. At the revocation hearing, the
prosecution must prove the defendant is unamenable to all drug treatment programs pursuant to
RU
subdivision (b) of Section 1210 I!
whereupon the court may
revoke probation.
(3)(5) Drug treatment services`provided by subdivision (a) as 'a required condition of probation
may not exceed 12 months, unless the court makes a finding supported by the record, that the
continuation of treatment services beyond 12 months is necessary for drug treatment to be
successful. If such a finding is made, the court may order up to two- six - month extensions of
treatment services. The provision of treatment services under this section
ead Clime shall not exceed 24 months.
(B) When the defendant completes the required treatment program, the treatment provider shall
notify the court within seven days. The court shall amend the terms ofprobation to provide for
no more than six months of continued supervision after the date of treatment completion.
Aftercare or continuing care services may be required and provided during:this period.
(e)(i) (1) At any time after completion of drug treatment and the terms of probation, the court
shall conduct a hearing, and if the court finds that the defendant successfully completed drug
treatment, and substantially complied with the conditions of probation, including refraining from
the use of drugs after the completion of treatment, the conviction on which the probation was
based shall be set aside and the court shall dismiss the indictment, complaint, or information
against the defendant, and the court shall order the case records and files to remain sealed,
including any record of arrest, detention, and conviction. In addition, except as provided in
paragraphs (2) and (3), both the arrest and the conviction shall be deemed never to have
occurred. The defendant may additionally petition the court for a dismissal of charges at any time
after completion of the prescribed course of drug treatment. Except as provided in paragraph (2)
or (3), the defendant shall thereafter be released from all penalties and disabilities resulting from
the offense of which he or she has been convicted.
(2) Dismissal of an indictment, complaint, or information pursuant to paragraph (1) does not
permit a person to own, possess, or have in his or her custody or control any firearm capable of
being concealed upon the person or prevent his or her conviction under Section 12021.
(3) Except as provided below, after an indictment, complaint, or information is dismissed
pursuant to paragraph (1), the defendant may indicate in response to any question concerning his
or her prior criminal :record that he or she was not arrested or convicted for the offense. Except as
provided below, a record pertaining to an arrest or conviction resulting in successful completion
of a drug treatment.program under this section may not, without the defendant's consent, be used
in any way that could result in the denial of any employment, benefit,; license, or certificate.
Regardless of his or her successful completion of drug treatment, the arrest and conviction on
which the probation was based may be recorded by the Department of Justice and disclosed in
response to any peace officer application request or any law enforcement inquiry. Dismissal of
an information, complaint, or indictment under this section does not relieve a defendant of the
obligation to disclose the arrest and conviction in response to any direct question contained in
any questionnaire or application for public office, for a position as a peace officer as defined in
21
Section 830, for licensure by any state or local agency, for contracting with the California State
Lottery, or for purposes of serving on a jury.
(4)6) (1) If probation is revoked pursuant to the provisions of this, subdivision, the court may
sentence the defendant to Track 111 probation and treatment or the court shall.sentence the
defendant to incarceration in the county jail for not more than one year. If the defendant has
committed a new offense that is a misdemeanor not related to the use of drugs or a felony that is
not a nonviolent drug possession offense, sentencing is not controlled by this paragraph. Ow
(2) If a defendant receives probation under subdivision (a), and violates that probation either by
committing an offense that is not a nonviolent drug possession offense, or by violating ,a non-
drug- related condition of probation, and the state moves to revoke probation, the court shall
conduct a hearing to determine whether probation shall be revoked. The court may modify or
revoke probation, and may impose graduated sanctions andlor jail sanctions prior to
reinstatement of probation and treatment, if the alleged violation is proved _ provided, however;
that no jail sanction shall be imposed on defendant who is receiving medication- assisted
treatment if that treatment is not available to the defendant in jail.
(3) (A) if a def4idapt reeeives probatign o9dar After drug treatment commences pursuant to
subdivision (a), and if there is probable cause to believe that the defendant has violated %ialwa
that probation either by committing a nonviolent drug possession offense, or a misdemeanor for
simple possession or use of drugs or drug paraphernalia,. Wag present vAere dFugs an used, or
Seetien 1210, or by violating a drug - related condition of probation,
reveketreba6ift the court shall conduct a hearing to determine whether probation shall be
revoked. The trial court shall revoke probation only if the alleged probation violation is proved
and the state proves by a preponderance of the evidence that the defendant poses a danger to the
safety of others. The court shall not revoke probation under this section for a drug related
violation of probation which occurred while the defendant was on a waiting listfor a treatment
program, was placed in an interim treatment program; .or was otherwise waiting to begin
appropriate drug treatment. If the court does not revoke probation, it may intensify or alter the
drug treatment plan and in addition, and impose a graduated sanction, • ,
not
22
OMNI
Y.
air' .
RMOMM
(B) If a defendant receives probation under subdivision (a), and for the second or third time
there is probable cause to believe that the defendant has violated vielates #hat probation either.
by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or
use of drugs or drug paraphernalia, being pmeat where dfugs are used; of Mwe to fegielff afi-a
dmg effeader, ef a" aetivi�), simijef to these listed in subdivision (d) efseefieft 1210 or by
violating a drug - related condition of probation, and the state moves to revoke probation, the
court shall conduct a hearing to determine whether probation shall be revoked. The trial court
shall revoke probation only if the alleged probation violation is. proved and the state proves by a
preponderance of the evidence either that the defendant poses a danger to the safety of others or
is unamenable to drug treatment. In determining whether a defendant is unamenable to drug
treatment, the court may consider, to the extent relevant, whether the defendant (i) has
committed a serious violation of rules at the drug treatment program, (ii) has repeatedly
committed violations of program rules that inhibit the defendant's ability to function in the
program, or (iii) has continually refused to participate in the program or asked to be removed
from the program. If the court.does not revoke probation, it may intensify or alter the drug
treatment plan and impose a graduated sanction.,
,
23
Mij ON
RMOMM
(B) If a defendant receives probation under subdivision (a), and for the second or third time
there is probable cause to believe that the defendant has violated vielates #hat probation either.
by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or
use of drugs or drug paraphernalia, being pmeat where dfugs are used; of Mwe to fegielff afi-a
dmg effeader, ef a" aetivi�), simijef to these listed in subdivision (d) efseefieft 1210 or by
violating a drug - related condition of probation, and the state moves to revoke probation, the
court shall conduct a hearing to determine whether probation shall be revoked. The trial court
shall revoke probation only if the alleged probation violation is. proved and the state proves by a
preponderance of the evidence either that the defendant poses a danger to the safety of others or
is unamenable to drug treatment. In determining whether a defendant is unamenable to drug
treatment, the court may consider, to the extent relevant, whether the defendant (i) has
committed a serious violation of rules at the drug treatment program, (ii) has repeatedly
committed violations of program rules that inhibit the defendant's ability to function in the
program, or (iii) has continually refused to participate in the program or asked to be removed
from the program. If the court.does not revoke probation, it may intensify or alter the drug
treatment plan and impose a graduated sanction.,
,
23
(C) If a defendant receives probation under subdivision (a), and
vielmes on a subsequent occasion there is probable cause to believe that the defendant has
violated that probation either by committing a nonviolent drug possession offense, or by
violating a drug - related condition of probation,
te Fevehe lifebatien,-the court shall conduct a hearing to determine whether probation shall be
revoked. If the alleged probation violation is proved, the defendant is not eligible for continued
probation under subdivision (a) unless the court finds, in its discretion, after taking into
consideration the opinions and recommendations of the drug treatment provider and the district
attorney, that the defendant:
(1) is not a danger to the community, and
(2) is not unamenable to treatment
If the court does not revoke probation, it may intensify or alter the drug treatment plat% Impose a
graduated sanction, andlor impose a jail sanction not to exceed 48 hours upon the farst such
imposition during the current course of treatment, five days upon the second such imposition
during the current course of treatment, and 10 days for any subsequent imposition, provided,
however, that no jail sanction shall be imposed on a defendant who is receiving medication-
assisted treatment if that treatmenNs not available to the defendant in jail.
(D) If a A defendant who is on probation and enrolled in a drug treatment program pursuant to
the formerprovisions of Section 1210.1 at the effective date of this aet Act shall be subject to the
revised provisions of the section for airy future probation violation or for any new offense. Where
such a probationer has committed one or more drug- related violations ofprobation prior to.the
effective date of the revisions;, the count of the number probation violations shall not be reset, but
shall count forward from the number of violations prior to July 1, 2009, for purposes of
establishing the court's response to such violations.
>.
0
eauffielifts, and family eaunselifig.
SECTION 18. Section 12102 is added to the Penal Code to read:
1210.2 Track 111 Treatment Diversion After a Conviction For Possession Of Controlled
Substances; Other Nonviolent Offenses; Judicial Discretion
(a) Notwithstanding any other provision of law, an offender is eligible to be placed, into Track 111
treatment diversion programs ifthe defendant has:
(1) participated unsuccessfully in Track I1 treatment diversion;
(2) committed a nonviolent drug possession offense or offenses, but is not eligihle for Track 11
treatment diversion; or
(3) committed a nonviolent offense or ojjenses, and the defendant appears to have a problem
with substance abuse or addiction.
(b) The court must find that placement of the defendant in Track 111 treatment diversion pursuant
to subdivision (a) is in the furtherance of justice. In the case of a defendant who has committed a
26
Wiwi.. 0.1-0.11111! 1-
- L=�W �
N.
eauffielifts, and family eaunselifig.
SECTION 18. Section 12102 is added to the Penal Code to read:
1210.2 Track 111 Treatment Diversion After a Conviction For Possession Of Controlled
Substances; Other Nonviolent Offenses; Judicial Discretion
(a) Notwithstanding any other provision of law, an offender is eligible to be placed, into Track 111
treatment diversion programs ifthe defendant has:
(1) participated unsuccessfully in Track I1 treatment diversion;
(2) committed a nonviolent drug possession offense or offenses, but is not eligihle for Track 11
treatment diversion; or
(3) committed a nonviolent offense or ojjenses, and the defendant appears to have a problem
with substance abuse or addiction.
(b) The court must find that placement of the defendant in Track 111 treatment diversion pursuant
to subdivision (a) is in the furtherance of justice. In the case of a defendant who has committed a
26
nonviolent offense that is not a nonviolent drug possession offense, the court may require the
defendant to provide restitution, participate in a restorative justice program, and/or complete a
portion of a sentence for the offense prior to placement in Track III treatment diversion, with the
remainder of the sentence suspended during participation.
(e) Notwithstanding any other provision of law, an offender shall be placed into Track III
treatment diversion programs if the defendant is otherwise eligible for Track II treatment
diversion, but for the fact that, in the 30 months prior to the current conviction, the defendant
has five or more convictions for any offense or combination of offenses, including nonviolent
drug possession offenses, and not including infractions.
(d) A defendant is not eligible for Track III treatment diversion under this section if the
defendant:
(1) has ever committed a serious felony, as defined in subdivision (c) of Section 1192.7, or a
violent felony, as defined in subdivision (c) of Section 6675, unless the district attorney seeks to
place the defendant in Track III treatment diversion;
(2) is eligible for Track I or Track If treatment diversion and has not been a,, orded any
opportunity to participate in such programs; or
(3) refuses placement in treatment diversion under this section
(e) A defendant placed into Track ill treatment diversion shall be granted probation. Asa
condition of probation the court shall require participation in-and completion of an appropriate
drug treatment program. The court shall order the defendant to appear for a clinical assessment
and criminal history evaluation, and shall thereafter order the defendant to attend and complete
an appropriate treatment program. !f the defendant had a clinical assessment performed prior
to a determination of eligibility, the court may order a new assessment. The court shall
thereafter place the. defendant in treatment and set monitoring conditions consistent with the
terms and requirements of Section 1210;02.
()J If a defendant receives probation under this section, and has not yet begun treatment within
30 days of the grant of probation, the court shall conduct a hearing to determine the reason for
the defendant's failure to begin treatment. The court shall consider evidence from the parties,
probation department and treatment provider. At the hearing, the defendant may refuse
treatment.
If the defendant does not refuse treatment, the court may re -refer the defendant to the treatment
program and may impose graduated sanctions and/or jail sanctions, or may revoke probation jor
the defendant's failure to start treatment, provided however, that sanctions shall not be imposed
or probation revoked when the defendant's failure to begin treatment resulted from a county's
inability to provide appropriate treatment in a timely manner or from the county's failure to
make treatment reasonably accessible, such as the failure to offer child care for a parenting
defendant or failure to provide transportation if needed.
27
The court shall collect and report all data relevant to a defendant's failure to begin treatment
within 30 days, the reasons therefore, and the court's responses, in any form required by the
Oversight Commission. Such data regarding treatment show rates shall be published by the
Department, or researchers designated by the Oversight Commission, on a county -by- county and
statewide basis, not less than once per year.
(g) Drug treatment services provided by subdivision (e) as a required condition of probation may
not exceed 18 months; unless the court makes a finding that the continuation of treatment
services beyond 18 months is necessaryfor drug treatment to be successful. Ifsuch a finding is'
made,_ the court may order up to two three -month extensions of treatment services. The provision
of treatment services'under this section shall not exceed 24 months.
(h) To the greatest extent possible, any person who is placed on probation pursuant to this
section shall be monitored by the court through the use of a dedicated court calendar and the
incorporation of a collaborative court model of oversight that includes close collaboration with
treatment providers and probation, urinalysis consistent with treatment needs, and supervision
of progress through review hearings.
(i) During periodic review hearings to evaluate a defendant's progress, the court shall consider
the use of incentives and rewards to encourage continued progress, and may impose graduated
sanctions or jail sanctions in response to problems reported by the treatment provider or
probation department, or in the court's discretion, with or without a finding that a violation of
probation has occurred A jail sanction shall not exceed 48 hours upon the, first such imposition
during the current course of treatment, five days upon the second such imposition during the
current course of treatment, and 10 days for any subsequent imposition, provided, however, that
no jail sanction shall be imposed on a defendant who is receiving medication - assisted treatment
if that treatment is not available to the defendant in jail.
(f) Aside from the limitations imposed in this subdivision, the trial court is not otherwise limited'
in its authority to process and respond to probation violations. The court may terminate
treatment and probation at any time in response to the defendant's behavior, if probation is
terminated, the defendant may be sentenced without regard to any provision ofthis section
(k) Upon successful completion of treatment as required under this section, the court may
require continued probation. At any time after completion of drug treatment and the terms of
probation, the court shall conduct a hearing to determine the appropriate final disposition: of the
case, which may include dismissal of the conviction, indictment, complaint and information
against the defendant, and the sealing of case records and files, including any record of arrest,
detention and conviction. The defendant may, additionally, petition the court for a dismissal of
charges at any time after completion of treatment. Any time a dismissal is ordered, the court
shall set appropriate limitations for the defendant regarding the dismissed charges.
SECTION 19, Section 2933 of the Penal Code is hereby amended to read:
(a) It is the intent of the Legislature that persons convicted of a crime and sentenced to the state
prison under Section 1170 serve the entire sentence imposed by the court, except for a reduction
28
in the time served in the custody of the Difeetof of CoffeetieflS Department of Corrections and
Rehabilitation for performance in work, training, or education programs established. by the
Department of Corrections and Rehabilitation , Worktime credits shall
apply for performance in work assignments and performance in elementary, high school; or
vocational education programs.:Enrollment in a two -or four -year college program leading to a
degree shall result in the application of time credits equal to that provided in Section 2931, For
every six months of full -time performance in a credit qualifying program, as designated by the
Department, dieeetor, a prisoner shall be awarded worktime credit reductions from.his or her
term of confinement of six months. A lesser amount of credit based on this ratio shall be awarded
for any lesser period of continuous performance. Less than maximum credit should be awarded
pursuant to regulations adopted by the direetor Department for prisoners not assigned to a full -
time credit qualifying program. Every prisoner who refuses to accept a full -time credit qualifying
assignment or who is denied the opportunity to earn worktime credits pursuant to subdivision (a)
of Section 2932 shall be awarded no worktime credit reduction. Every prisoner who voluntarily
accepts a half -time credit qualifying assignment in lieu of a full -time assignment shall be
awarded worktime credit reductions from his or her term of confinement of three months for
each six -month period of continued performance. Except as provided in subdivision (a) of
Section 2932, every prisoner willing to participate in a full-time credit qualifying assignment but
who is either not assigned to a full -time assignment or is assigned to a program for less than full
time, shall receive no less credit than is provided under Section 2931. Under no circumstances
shall any prisoner receive more than six months' credit reduction for any six -month period under
this subdivision seetien.
(b) A. is the intent of the People that persons convicted of a crime defined in subparagraph (1) of
subdivision (b) of Section 3000 and sentenced to the state prison under Section 1170 serve the
entire sentence imposed by the court, except jor a reduction in the time served in the custody of
the Department of Corrections, and Rehabilitation for good behavior and performance in
rehabilitation programs approved by the Department. Credits shall apply for good behavior and
performance in rehabilitation programs. For every two months of good behavior, a prisoner
shall be awarded a good time credit reduction to his or her term of confinement of no less than
one month. For every two months ofperformance in a credit qualifying rehabilitation program,
as designated by the Secretary of Rehabilitation, a prisoner shall be awarded a program time
reduction to his or her term of confinement of no less than one month. As to both good time and
program time reductions, a lesser amount of credit based on this ratio shall be awarded for any
lesser period ofgood behavior or performance. The Department of Corrections and
Rehabilitation may award more than the minimum credit amounts provided for in this section
pursuant to regulations approved by the Parole Reform Oversight and Accountability Board.
Credits awarded pursuant to this subdivision shall not be used to reduce the term for any inmate
who has ever been convicted of a serious or violent felony within the meaning ojPenal Code
sections 667.5 or 1192.7, or who has ever been convicted of a section 290 registration offense.
Inmates may earn the credits provided in this subdivision whether serving rime fur their original
commitment of or serving time after having been returned to state prison from parole.
(c) Nothing in this section shall be interpreted to limit the awarding of credits to any inmates
pursuant to any law or regulation existing prior to the effective date of this Act.
29
(d) Inmates who qualify for credits under subdivisions (a) and (b) of this section may earn credit
under both subdivisions provided, however, that the combined total of all credits shall not exceed
one -half of ilu term of imprisonment imposed by the court, unless the inmate successfully
completes a rehabilitation program as defined in section 3000, subdivision (b)(3). The maximum
amount of credit for inmates who successfully complete rehabilitation programs shall be
designated in regulations approved by the Parole Reform Oversight and Accountability Board.
($} (e) 4e&Wae- eradit Earning credits is a privilege, not a right. Won sfedit Credits must
be earned and' may be forfeited pursuant to the provisions of Section 2932. The application of
credit to reduce the sentence of prisoner who committed a crime on or after January 1, 1997, is
subject to the provisions of Section 3067. Except as provided in subdivision (a) of Section 2932,
every prisoner shall have a reasonable opportunity to participate in a ff dl4i tae- credit qualifying
program or service or assignment in a manner consistent with institutional security and.available
resources.
(e) (J) Under regulations adopted by the Department of Corrections and Rehabilitation, which
shall require al period of not more than one. year free of disciplinary infractions, werlt4ime credit
which has" previously forfeited maybe restored by the Department direeter. The
regulations shall provide for separate classifications of serious disciplinary infractions as they
relate to restoration of credits, the time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited credits that may be restored for these
time periods. ;For credits forfeited for commission of a felony specified in paragraph (1) of
subdivision (a) of Section 2932, the Department of Corrections and Rehabilitation may provide
that up to 1801days of lost credit shall not be restored and up to 90 days of credit shall, not be
restored for a forfeiture resulting from conspiracy or attempts to commit one of those acts. No
credits may be restored if they were forfeited for a serious disciplinary infraction in which the
victim died oewas permanently disabled. Upon application of the prisoner and following
completion of the required time period free of disciplinary offenses, forfeited credits eligible:fot
restoration unoer the regulations for disciplinary offenses other than serious disciplinary
infractions p4ishable by a credit loss of more than 90 days shall be restored unless, at a hearing;
it is found that the prisoner refused to accept or failed to perform in a credit qualifying
assignment, or' extraordinary circumstances are present that require that credits not be restored..
"Extraordinary circumstances" shall be defined in the regulations adopted by -the director.
However, in any case in which worktime credit was forfeited for a serious disciplinary infraction
punishable byia credit loss of more than 90 days, restoration of credit shall beat the discretion of
the director. The prisoner may appeal the finding through the Department of Corrections and
Rehabilitation review procedure, which shall include a review by an 'individual independent of
the institution1who has supervisorial authority over the institution.
I
(d)-(g) The previsions of subdivision (e) 0 shall also apply in cases of credit forfeited under
Section 2931 for offenses and serious disciplinary infractions occurring on or after January 1,
1983.
SECTION 20J Section 3000 of the Penal Code is hereby amended to read:
i
30
(a) (1) The lnegislatw People finds and declares that the periods immediately fsNewing before
and after the end of incarceration is are critical to successful reintegration of the offender into
society and to positive citizenship. It is in the interest of public safety for the: state to prepare
inmates who are leaving prison for reintegration into society, and provide for appropriate the
supervision 4and surveillance of parolees, including the judicious use of revocation actions, and
to provide appropriate educational, vocational, family and personal counseling and restorative
justice programming necessary to assist inmates.and parolees in the transition between
imprisonment and discharge. A sentence pursuant to "Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
(2) The begislatwe People finds and declares that it is not the intent of, f this section to diminish
resources allocated to the Department of Corrections and Rehabilitation for parole functions for
which the department is responsible. It is also not the intent of this section to diminish the
resources allocated to the Board of Parole Hearings to execute its duties with respect to parole
functions for which the board is responsible.
(3) lbe- ialatere People finds and declares that diligent effort must be made to ensure that .
parolees are held accountable for their criminal behavior, including, but not limited to; the
satisfaction of restitution fines and orders and participation in restorative justice programs,
where appropriate, and equally diligent efforts must be made to prevent such criminal behavior
by provision of appropriate services, programs and counseling before parolees leave prison and
after they are released, with the goal of'successful reintegration of the parolee into society.
(4) The parole period of any person found to be a sexually violent. predator shall be tolled until
that person is found to no longer be a sexually violent predator, at which time the period of
parole, or any remaining portion thereof, shall begin to run.
(b) For purposes of this section, and section 2933, subdivision (b) the following definitions
apply:
(1) The term "qualifying commitment gffense" means that the current offense from which the
inmate is being paroled is a controlled substance offense; a nonviolent property offense, or any
other offense added by the Legislature by majority vote. A controlled substance offense is any
offense involvingpossession or use of any controlled substance defined in Health and Safety
Code sections 11054; 11055, 11056, 11057 or 11058, or the sale or distribution of any such
substance in an amount less than one kilogram, provided that the conviction, did not involve a
finding of sale or distribution to a minor. A nonviolent property offenses a crime against
property in which no one is physically injured and which did not involve either the use or
attempted use offorce or violence or the express or implied threat to use force or violence. The
Parole Reform Oversight and Accountability Board shall create an advisory list of qualifying
commitment offenses which meet the criteria identified in this subdivision.
(2) The term "section 290 registration offense" means an off ease for which registration is
required pursuant to Penal Code section 290.
31
(3) The term "rehabilitation programs" refers to training and counseling programs paid jar by
the California Department. of Corrections and Rehabilitation designed to assist prison inmates
and parolees in a successful reintegration into the community upon release. Such programs and
services include, but are not limited to, drug treatment programs, .mental health services, alcohol
abuse treatment, re -entry services, cognitive skills development, housing assistance, education, .
literacy training, life skills, job skills, vocational training, victim impact awareness, restorative
justice programs, anger management, family and relationship counseling, and provision of
information involving publicly funded health, social security and other benefits. Rehabilitation
programs may include services provided in prison or after release from prison. When
rehabilitation services are provided after release from prison, transportation to and from the
services shall be provided by the Department..
(4)The terms "drug treatment program" or "drug treatment" mean a drug treatment program
which may include one or more of the following: science -based drug education; outpatient
services, residential services, opioid agonist treatment, medication - assisted treatment, and
aftercare services or continuing care. The terms "drug treatment program" or "drug treatment"
includes a drug treatment program operated under the direction of the Veterans Health
Administration of the Department of Veterans Affairs or a program specified in Section 8001;
such a program shall be eligible to provide drug treatment services without regard to the
licensing or certification provisions required by this subdivision.
(5) The term "minimum supervision " means a level of parole where the requirements of the
parolee are to report to his or her parole officer no more than once every ninety days and to be .
subject to search.
(b)(c) Notwithstanding any provision to the contrary in Article 3 (commencing with Section
3040) of this chapter, the following shall apply;
(1) As to all inmates sentenced to state prison under section, 1170 and scheduled to be released
(including Inmates returned to state prison for a parole violation), the Department of
Corrections and Rehabilitation shall provide rehabilitation programs beginning no fewer.than
90 days prior to their scheduled release. prior to providing an inmate with rehabilitation
programs, the Department shall conduct a case assessment to determine the tnmate's..needs and
which programs are most likely to result in the successful reintegration of the inmate upon
release. 1f a parolee is returned to state prisonfor less than 90 days, the Department shall
nevertheless provide rehabilitatton programs.
32
01-1
- - .
(1) As to all inmates sentenced to state prison under section, 1170 and scheduled to be released
(including Inmates returned to state prison for a parole violation), the Department of
Corrections and Rehabilitation shall provide rehabilitation programs beginning no fewer.than
90 days prior to their scheduled release. prior to providing an inmate with rehabilitation
programs, the Department shall conduct a case assessment to determine the tnmate's..needs and
which programs are most likely to result in the successful reintegration of the inmate upon
release. 1f a parolee is returned to state prisonfor less than 90 days, the Department shall
nevertheless provide rehabilitatton programs.
32
(2) As to all inmates released from state prison and on parole; the Department of Corrections
and Rehabilitation shall provide rehabilitation programs tailored to the parolee's needs as
defined by the case assessment.
(3) At the expiration of a term of imprisonment of one year and one day, or a term of
imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant
to Section 2931 or 2933, if applicable, and unless the parole authority for good cause waives
parole and discharges the inmate from the custody of the. Department, an inmate shall be
released from custody on parole supervision for'a.period not exceeding six months if all the
following conditions have been satisfied:
(A) The offense from which the inmate is being paroled is a qualifying commitment offense;
(B) The inmate has never been convicted or suffered a juvenile adjudication -of either a serious
or violent felony within the meaning of Penal Code sections 667.5 or 1192.7 or a section 290
registration offense; and
(C) The inmate has never been convicted or suffered a juvenile adjudication of participating in a
criminal street gang in violation of Penal Cade section 186.22, subdivision (a), or convicted of a
felony committed for the benefit of at the direction of or in association with any criminal street
gang in violation of Penal Code section 186.22; .subdivision (b).
The sir -month supervision period may be extended only to dccouni for time that the parolee is
incarcerated due to parole violations or for time in which the parolee Is absent ft'om: supervision:
At the end of the supervision period, the parolee shall be discharged jrom further parole
supervision. The parole authority may, however, assign -a parolee to minimum', supervision for a
period not exceeding six months where the parolee has failed to complete an appropriate
rehabilitation program which was offered. As to parolees retained on minimum supervision,
final discharge from parole shall occur at the expiration of this six -month period or upon
completion ofan appropriate rehabilitation program, whichever is earlier.
Except as provided in subdivisions (4), (5) and (6), all other inmates shall be released on parole
for a period not exceeding three years, unless the parole authority for good cause waives parole
and discharges the inmate from the custody of the Department.
(4) At the expiration ofa term of imprisonment ofone year and one day, or a term of
imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant
to Section 2931 or 2933, fapplicable, any inmate sentenced for an offense which is either a
serious or violent felony as defined in sections 667.5 or 1192.7 shall be released on parole for a
period of up to jive years, unless the parole authority for good cause waivesparole and
discharges the inmate from the custody of the department. .
(5)(24 In the ease of any inmate sentenced under Section 1168, the period of parole shall not
exceed five years in the case of an inmate imprisoned for any offense other than first or second
degree murder for which the inmate has received a life sentence; and shall not exceed three years
in the case of any other inmate, unless in either case the parole authority for goad cause waives
33
parole and discharges the inmate from custody of the department. This subdivision shall also be
applicable to inmates who committed cr'i'mes prior to July 1, 1977, to the extent specified in
Section 1170.2.
(6)(3) Notwithstanding paragraphs (1) ww42), (3), (4), and (5), in the case of any offense for
which the inmate has received a life sentence pursuant to Section 667.61 or 667.7 1, the period of
parole shall be 10 years.
(7)(4) The parole authority shall- consider the request of any inmate regarding the length of his or
her: parole and the conditions thereof.
(8)(3) Upon successful completion of parole, or at the end of the maximum statutory period of
parole specified for the inmate under paragraph (1), 2 (3), (4), (5), or (6) as the ease may
be, whichever is earlier, the inmate shall be discharged from custody. The date of the:maximum
statutory period of parole under this subdivision and paragraphs (1), (2)ax''and (3), (4), (5)
and (6) shall be computed from the date of initial parole and shall be a period chronologically
determined. Time during which parole is suspended because the prisoner has absconded or has
been returned to custody as a parole violator shall not be credited toward any period of parole
unless the prisoner is found not guilty of the parole violation. However, the period of parole is
subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner subject to three :years on
parole be retained under parole supervision or in custody for a period longer than four years from
the date of his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole
be retained under parole supervision or in custody for a period longer than seven years from the
date of his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years oft parole
be retained under parole supervision or in custody for a period longer than 15 years from the date
of his or her initial parole.
(9)(6) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30
days prior to his or her good time release date and shall provide, under, guidelines, specified by
the parole authority, the conditions of parole and the length of parole up to the maximum period
of time provided by law. The inmate has the right to reconsideration of-the length -of pawle. and
conditions thereof by the parole authority. The Department of Corrections and Rehabilitation or
the Board of Parole Hearings may impose as a condition of parole that a prisoner make payments
on the prisoner's outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c)
of Section 13967 of the Government Code, as operative prior to September 28, 1994, or.
subdivision (b) or (f) of Section 1.202.4.
(10)(,7) For purposes of this chapter, the Board of Parole Hearings shall be considered the parole
authority.
34
(11)(9) The sole authority to issue warrants for the return to actual custody of any state prisoner
released on parole rests with the Board of Parole Hearings, except for any escaped state prisoner
or any state prisoner released prior to his or her scheduled release date who should be returned to
custody, and Section 3060 shall apply.
(12)(j9) It is the intent of the Legislature that efforts be made with respect to persons who am
subject to Section 290.011 who are on parole to engage them in treatment.
(d) As to all inmates released from slate prison and discharged from parole, the Department of
Corrections and Rehabilitation shall provide rehabilitation programs upon request of the former
inmate made within one year of discharge from parole. The services shall be provided through
the inmate's county probation department and shall lasi no more than 12 months from the date
they are first provided. All operational costs of such services shall be reimbursed by the
Department of Corrections and Rehabilitation.
SECTION 21, Section 3063.01 is added to the Penal Code to read
(a) A parolee who commits a nonviolent drug possession offense as defined in Penal Code
section 1210, subdivision (a), or who tests positive for or is under the influence ofcontrolled
substances, and is eligible for drug treatment services pursuant: to section 3063. 1, shall receive
such services at the expense of the Department of Corrections and Rehabilitation regardless of
whether the services and supervision are provided by the county or the parole authority. The
response to any further violations shall be governed by Penal Code section 3063.1 for as long as
the parolee remains eligible for continued treatment under that section Parolees who arr-e no
longer eligible for drug treatment pursuant to the terms of section.3063.1(d)(3)(A) or (B), and
who violate the terms of their parole, shall be governed by subdivisions (c), (d) and (e) of this
section,
(b) A parolee who accepts an assignment or referral to. a: program described in Penal Code
sections 3060.9, 3069 or 3069.5, shall, In writing, voluntarily and specifically waive application
of the rights he or she might otherwise have pursuant to this section or Penal Code section
3063.1.
(c) Except for parolees covered by section 3060.7, and parolees who have ever been convicted of
a serious or violent felony pursuant to Penal Code sections 667.5, subdivision (c) or 1192:7,.
subdivision (c), parole shall not be suspended or revoked, and a prisoner returned to custody in
state prison, for a technical violation ofparole. For.purposes of this section, the term technical
violation ofparole refers to conduct which although it may violate a parole condition does not
constitute either a misdemeanor or felony in and of itself Where a technical violation of
absconding from parole supervision has been found the parolee may be incarcerated: in .local
jail for up to 30 days or non - incarceration options and sanctions may. be imposed including
modification of the conditions of parole, performing a case assessment to determine needs, and
provision of local rehabilitation programs as defined in section 3040, subdivision (b)(3j. Where
any other technical violation has been found, non - incarceration .options and sanctions may be.
imposed Upon the second technical violation other than absconding, the revised conditioo of
parole may include non - incarceration sanctions and options and/or incarceration in local jail
35
for up to seven days. For subsequent technical violations other than absconding, the revised
conditions ofparole may include non- incarceration options and sanctions as well as
incarceration in local. jail for up to 14 days. The operational costs of such local custody, and any
assessments or rehabilitation programs, shall be reimbursed by the Department of Corrections
and Rehabilitation. Nothing in this section is intended to overrule the provisions of section
3063.1.
(d) Except for parolees covered by section 3060.7, and parolees who have ever been convicted of
a serious or violent felony pursuant to Penal Code sections 667.5, subdivision (c) or 1191.7,
subdivision (c), parole shall not be suspended or revoked, and a prisoner returned to custody in
state prison, for a misdemeanor violation ofparole. F,or purposes of this, section, the term
misdemeanor violation ofparole refers to conduct which although it may violate aparole
condition does not necessarily constitute a felony in and of itself. Where a misdemeanor
violation has been found, non - incarceration options and sanctions maybe imposed, including .
modification of the conditions ofparole, performing a case assessment to determine needs; and
provision of local rehabilitation programs as defined in section 3000, subdivision (b)(3).
Alternatively, where a misdemeanor violation has been found, parole may be revoked and the
parolee may be returned to custody in local jail for up to six months. The operational costs of
such local custody, and any assessments or rehabilitation programs, shall be reimbursed by the
Department of Corrections and Rehabilitation. Nothing in this section is intended to overrule
the provisions ofsection 3063.1.
(e) Notwithstanding any other provision of law,, parole may be suspended or revoked and any
prisoner may be returned to custody in state prison, for a felony violation ofparole. For
purposes of this section, the term felony violation ofparole refers to conduct which constitutes a.
felony in and of itself. Where a felony violation has been found, non - incarceration options and
sanctions may be imposed including modification ofthe conditions ofparole, performing case
assessment to determine needs, and provision of local rehabilitation programs as defined in
section 3000, subdivision (b)(3). Alternatively; where a felony violation has been found, parole
may be revoked and the prisoner maybe returned to custody in local jail or state prison. The
operational costs of such local custody, and any assessments or rehabilitation programs, shall
be reimbursed by the Department of Corrections and Rehabilitation, Nothing in this section is
intended to overrule the provisions of section 3063.1.
(>) In addition to any other procedures and rights provided by.law, a parolee alleged to have
committed a violation afparole shall receive notice of the alleged violation at a hearing held
before a deputy commissioner of the Board of Parole Hearings within three business days of
being taken into custody. The parolee shall have the right to counsel at this hearing.
(g) The parole authority.shall collect and report data regarding all alleged parole violations,
regardless of whether they are sustained or result in either modification or revocation ofparole.
The data shall be collected in the form recommended by the Parole Reform Oversight and
Accountability Board and shall include information about the nature of the violation and the
demographics of the alleged violator. The Department of Corrections and Rehabilitation shall
publish this data electronically at least :twice yearly on its website.
36
SECTION 22. Section 3063.02 is hereby added to the Penal Code to read
From the funds appropriated to the California Department of Corrections and Rehabilitation in
the annual budget act or other statute appropriating funds to the Department, and subject to the
limitations contained therein, the Department shall allocate funds for five years, beginning July
1, 2009, for a pilot project in at least five regions spanning urban and rural areas to implement
the programs described in Penal Code sections 3060.9, 3069 and 3069.5.
SECTION 23. Section 3063.03 is hereby added to the Penal Code to read:
(a) There is hereby created the Parole Reform Oversight and Accountability Board which shall
review, direct and approve the implementation, by the Department of Corrections and
Rehabilitation, of the programs and policies provided for under this Act. Regulations of general
applicability promulgated by the Department that pertain to parole policies and rehabilitation
programs for inmates and parolees shall not take effect without approval by a majority vote of
the Board. Regulations subject to Board approval shall not be subject to the Administrative
Procedures Actor to review and approval by the Office ofAdministrative Law. The Board shall
have no role in determining release dates or the specific response to any alleged parole violation
for any specific inmate or parolee. The Board shall do the following:
(1) Review and approve by a majority vote all regulations governing parole policy and
rehabilitation programs;
(2) Review all proposed funding allocationsfor rehabilitation programs, and actual spending in
prior years, and publish its comments on those allocations and spending;
(3) Review and approve by majority vote regulations specifying any amount of credit to be
awarded for good behavior and program participation beyond the minimum amounts specified in
section 2933, subdivision (b),, based on such factors as progress benchmarks, including program
completion. The regulations shall address whether parolees returned to state prison should be
treated the some as other inmates with respect to credits;
(4) Create and approve by a majority vote an advisory list ofqualifying commitment offenses to
be employed in applying sections 2933(b), 3000(b)(1) and 3000(c) (3);
(5) Require the Department of Corrections and Rehabilitation to provide specie data on the
parole system, and examine that data to assess current laws regulating all aspects of the parole
system;
(6) Require the Department of Corrections and Rehabilitation to provide, specoc: data on
rehabilitation programs to be collected by the Division of Research for Recovery and Re -Entry.
Matters, and examine that data to assess current rehabilitation programs and policies;
(7) Determine and approve by a majority vote the appropridte form of data callection for
purposes ofsection 3063.01, subdivision (e), regardingparole violations;
37
(8) Order research on parole policy and practices, inside and outside California, to be paid for,
upon a majority vote of the Board from the funds appropriated to the Department of Corrections
and Rehabilitation in the annual budget act, and subject to the limitations contained therein.
Such research shall be conducted by a public university in California;.
(9) Monitor the development and implementation, by the Department of Corrections and
Rehabilitation, of a system of incentives and rewards to encourage compliance with the terms of
parole by all former inmates under parole supervision;
(10) Provide a ba lanced forum for statewide policy development, information development,
research andplanning concerning the paroleprocess;
(11) Assemble and draw upon sources of knowledge, experience and community values from all
sectors of the criminal justice system, from the public at large and from other jurisdictions;
(12) Study the experiences of other jurisdictions in connection with parole;.
(13) Make recommendations to the Secretary of Rehabilitation and Parole and the Legislature in
a report published at least once every two years;
(14) Ensure that-all these efforts take place on a permanent and ongoing basis; with the
expectation that the parole system and rehabilitation programs provided by the Department shall
strive continually to evaluate themselves, evolve and improve;
(13) Develop and approve;. in consultation with the Deportment of Corrections and
Rehabilitation, the program and agenda, invitation list and budget for an annual international
conference on the subject of prisoner and parolee rehabilitation;
(16) Identify and promote innovative rehabilitation programs and best practices implemented in
prisons and an parole, and publicly honor Department employees who exemplify rehabilitation
excellence;
(17) Determine the board's staffing needs sujf1cientto carry out the Board's responsibilities;
(18) Conduct public meetings and invite and consider public comment. The board shall
promulgate regulations that provide for public review and comment on all proposed regulations
subject to board approval; provided, however, that the Board need not respond to all comments
before giving approval to regulations or taking other actions.
(b) The Board shall be empaneiled no later than March 31, 2009. It shall be composed of 19
voting members and two non - voting members. The two non - voting members shall be the
Secretary of Rehabilitation and Parole or his or her designee and the Inspector General. Of the
19 voting members, two members shall be academic experts in parole policy appointed by the
Speaker of the. Assembly. One member shall be a legal scholar with expertise in parole policy,
appointed by 1he Senate Committee on Rules. One member shall be a county sheriff from a
county with a population greater than 100, 000, appointed by the Governor. One member shall
38
be a former member of the judiciary appointed by the Governor. One member shall be a person
formerly incarcerated in state prison, appointed by the Speaker of the Assembly. One member
shall be a sherifffrom a county with a population less than 100, 000, appointed by the Governor.
One member shall be a California district attorney appointed by the Governor. One member
shall be a public defender, appointed by the Governor. One member shall be a private criminal
defense lawyer with experience litigatingparole cases on behaffof inmates, appointed by the
Speaker of the Assembly. One member shall be a member of a crime victims group, appointed by
the Governor: One member shall be a parole officer with a minimum of five years experience
appointed by the Governor. Three members shall be providers of drug treatment, rehabilitation
or re -entry services as defined in section 3000(b)(3), with one appointed by the Speaker of the.
Assembly, one appointed by the Senate Committee on Rules and one appointed by the Governor.
One member shall be a provider of community-based services to parolees, appointed by.the
Senate Committee on Rules. One- member shall be a member of an; association of county
governments, appointed by the Governor. Two members shall be representatives of the two
largest bargaining units within the Department, the representative of the largest bargaining unit
appointed by the Speaker of the Assembly and the other representative appointed by the
Governor.
(c) On January 1, 2012, the terms of the county sherib`from the smaller county, the former
member of the judiciary; the parole officer, the district attorney, the county government
representative, the representative of the largest bargaining unit within the Department, and the
private defense lawyer shall expire. On January 1, 2013, the terms of the crime victim
representative, the public defender, the sherifrom the. larger county, the representative of the
second largest bargaining unit within the Department, and.the provider of community-,based
services shall expire. On January 1, 2014, the terms of'the two academic experts, the legal
scholar, the formerly incarcerated person and the three reentry service providers shall expire..
Successor members shall be appointed in the same manner, and hold office for terms of three
years, each term to commence on the expiration date of thepredeeessor. Any appointment to a
vacancy that occurs for any reason other than the expiration of the term shall be far the
remainder of the unexpired term. Members are eligible for reappointment.
(d) Members of the Board other than government employees shall receive a per diem to be
determined by the Department of Corrections and Rehabilitation, but not less than the usualper
diem rate allowed to Department employees during travel out of state. All members shall be
reimbursed by the Department for all necessary expenses of travel actually incurred attending
meetings of the Board and in the performance of their duties. All expenses shall be paid.by the
Department, and the Department shall also provide staff
jor the Board -cuff dent to support and
facilitate its operations. Research ordered by the Board shall be conducted by a public
university in California and shall be paid for by the Department from the funds appropriated to
the Department in the annual budget act, and subject to the limitations contained therein. For
purposes of compensation, attendance at meetings of the Board by a -state or local government
employee shall be deemed performance of the duties of his state or local government
employment.
SECTION 24. Section 3063.2 of the Penal Code is hereby amended to read:
39
3063.2. In a case where a parolee had been ordered to undergo drug treatment as a condition of
parole pursuant to Section 3063.1:, any drug testing of the parolee shall be used solely as a
treatment tool to tailor the response of the treatment program and of the supervising authority to
the parolee's relapse. In evaluating a parolee's treatment program, results of any, drug testing
shall be given no greater weight than any other aspects of the parolee's individual treatment
program. Results of such testing shall not be admissible as a basis for any new criminal
prosecution or proceeding, nor shall such results be cause, in and of themselves, to find that a
violation of parole has occurred The county or parole authority may consider a test result as
positive for purposes of modifying a parolee's conditions of parole only if the laboratory
performing such analysis utilized the following procedures and standards: validity testing, Initial
and confirmation testing, cutoff concentrations, dilution and adulteration criteria; and split
specimen procedures.
SECTION 25. Section 5050 of the Penal Code is hereby amended to read:
5050. References to Secretary of the Department of Corrections and Director of Corrections;
creation of Secretary of Rehabilitation and Parole. l
Commencing.July 1, 2009, any reference to the Secretary of the Department of Corrections and
Rehabilitation or the Director of Corrections refers to the Secretary of iehabilitation and Parole
or the Secretary of Corrections as specified by statute or the subject matter of the provision.
SECTION 26, Section 6026.0'1 is hereby added to the Penal Code to read
The Corrections Standards Authority shall annually publish a report detailing the number of
persons in institutions in each calendar year with a primary commitment offense that is a
controtled.substance gffense. The report shall clearly delineate the numbers entering institutions
during the most recent year due to new sentences from the courts and due to parole violations.
For all persons entering institutions for simple possession of controlled substances, the report
shall, to the greatest extent possible, provide detail regarding the prior records of such persons,
the controlled substance involved, the reasons for referral to institutions, the range of sentence
lengths and the average sentence lengths imposed on such persons. The report shall include a
statement or projection of the annual cost of incarcerating all of these persons for controlled
substance offenses. The f rst such annual report shall be issued no later than July 1, 2010.
SECTION 27. Section 6026.02 is hereby added to the Penal Code to read:
The Corrections Standards Authority shall annually publish a report regarding the parole
population, parolee program participation, parole violations and the responses to such
violations. Each report shall cover a calendar year and shall detail the number .of persons
placed onto parole supervision and the levels ofsupervision; the number of parolees
participating in rehabilitation programs and the specifctypes .ofprograms in which those
40
parolees were enrolled; the:number of alleged parole violations and the number ofparole
violationsfound to have occurred; the response to parole violations including parole
modifications, sanctions, program referrals and revocations; and the - number of jail or prison
days served by parole violators. Each report shall contain a section with data on treatment
provided pursuant to section 3063..1, and including data related to eligibility, participation and
completion. Each report shall provide information . on. .the. sex, race or ethnic%ty:andcounty of
commitment of all parolees, to the extent such information is available, for each category of
information required for the report. The first such annual report shall be issued no later than
July 1, 1011.
SECTION 28. Section 6032 is hereby added to the Penal Code to read:
The Department of Corrections and Rehabilitation shall annualo host an international
conference on the subject ofprisoner and parolee rehabilitation with the purpose of examining
California's rehabilitation programs and data and comparing California's efforts with the best
practices and innovations of other jurisdictions. The conference shall include representatives
from the corrections and rehabilitation departments of other states and other nations. The
complete program and agenda, invitation list and budget shall be developed by the Department
of Corrections and Rehabilitation in consultation with, and subject to the f nal approval of, the
Parole Reform Oversight and Accountability Board Conference expenses consistent with a
budget approved by the Parole Reform Oversight and Accountability Board shall be. paid for by
the Department from the funds appropriated to the Department in the annual budget act, subject
to the limitations contained therein The first such conference shall occur no later than July 1,
2010.
SECTION 29. Section 6050.1 is hereby added to the Penal Code to read:
(a) The Governor, upon the recommendation of the Secretary of Rehabilitation and Parole; shall
appoint a Chief Deputy Warden for Rehabilitation to serve at each of the state prisons, ang as
appropriate, at additional Department facilities such as re -entry centers, who shall be known as
the Rehabilitation Warden. The Rehabilitation Warden.shall be responsiblefor implementing
and overseeing rehabilitation programs at each state prison andlor facility and providing data to
the Secretary of Rehabilitation and Parole on the types bf in- custody programs being offered, the
demographics of prisoners attending the programs, and the effectiveness of and barriers to,
such programs at each prison and4or facility, and any additional data required by the Secretary
of Rehabilitation and Parole and the Parole Reform Oversight and Accountability Board. This
data is to be provided to the Secretary through the Division of Researchfor Recovery and Re-
Entry Matters no less than once a. year. Each Rehabilitation Warden shall be subject to removal
by the Secretary. Ifthe Secretary removes him or her, the action shall be final.
(b) The Department of Personnel Administration shall fix the compensation -of `the Rehabilitation
Wardens at a level equal to that of the other chief deputy wardens in the prison system.
SECTION 30. Section 6126.01 is hereby added to the Penal Code to read:
41
The Inspector General shall annually publish a report detailing the prevalence and types of
rehabilitation programs available at each California prison, and each facility managed by or
contracted by the Department of Corrections and Rehabilitation. The report shall rank and rate
the prisons and facilities in terms ofprogram availability relative to need; utilization rates and
performance measures, examining both the degree of success by each prison or facility in
implementing such programs and the degree of success by prisoner participants. The report shall
use a letter -grade system, and shall make specific recommendations for improvement. A
preliminary report shall be issued no later than October 1, 2009. All subsequent annual reports
shall be issued by October I of each year.
SECTION 31. Marijuana. Diversion for Persons IJbder:Age 1$: Fines.
Section 11357 of the Health and Safety Code is hereby amended to read:
(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be
punished by imprisonment in the county jail for a.period of not more than one year or by a fine
of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be
punished by imprisonment in the state prison.
(b) Except as authorized by law, every person 18 years of age or older who possesses not more
than 28.5 grams of marijuana, other than concentrated cannabis, is. guilty of an infraction and
shall be punishedby a fine of not more than one hundred dollars ($100). Additional fees ofany
kind, including assessments, fees, and penalties, shall not exceed the amount ofthe fine imposed
Every person under 18 years of age who, possesses not more than 28.5 grams of marijuana, other
than concentrated cannabis, is guilty of an infraction and shall be required to complete a
science -based drug educationprogram certified by the county alcohol and drug program
administrator. 1 by law, every person who possesses net ffiefe " 28.5
(c) Except as authorized by law, every person who possesses more than. 28.5.grams of marijuana,
other than concentrated cannabis, shall be punished by imprisonment in the county jail for a
42
period of not more than six months or by a fine of not more than five hundred dollars ($500), or
by both; such fine and impri sonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more
than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within,
any school providing instruction in kindergarten or any of grades I through 12 during hours the
school is open for classes or school - related programs is guilty of a misdemeanor and shall be
punished by a fine of not more than five hundred dollars ($500), or by imprisonment.in the
county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than
28.5 grams of marijuana, other than concentrated cannabis; upon the grounds of, or, within; any
school providing instruction in kindergarten or any of grades t through I2 during hours the.
school is open for classes or school - related programs is guilty of a misdemeanor and shall be
subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense
has been committed -, and required completion of a science -based drug education program
certified by the county alcohol and drug program administrator.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch,
camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both,
upon a finding that a second or subsequent offense has been committed.
(fl The fines collected pursuant to this section shall be deposited into the county's trust fund
designated for youth programs established pursuant to subdivision (b) of Health and Safety Code
Section 11999.62.
SECTION 32. Oversight of Drug Court Programs for Adult Felons in Track III Diversion
Section 11970.1 of the Health and Safety Code is hereby amended to read:
11970. 1. (a) This article shall be known and may be cited as the Comprehensive Drug Court
Implementation Act of 1999.
(b) The People intend that all adultfelons who quay for Track III treatment diversion
programs after July 1, 2009, shall be enrolled in. those programs, and that all drug courts
working with defendants who quay for Track X shall be controlled and governed by the Track
III statute, Penal Code .1210.2, and Health and Safety Code sections 11999.5 through 11999.13,
inclusive. To the greatest extent possible, defendants participating in drug courts before July 1,
2009, and who are eligiblefor Track III, shall be transferred to TrackH[ programs.
(b)(c) This article shall be administered by the State Department of Alcohol and Drug Programs,
with all regulations relatedto pr, ograms for adult felons enrolled in Track IA treatment diversion
programs being subject to review and approval by the Oversight Commission, as described in
Section 11999.5.1.
43
(e)(d) The department and the Judicial Council shall design and implement this article through
the Drug Court Partnership Executive Steering Committee established under the Drug Court
Partnership Act of 1998 pursuant to Section 11.970, for the purpose of funding cost - effective
local drug court systems for adults, juveniles, and parents of children who are detained by, or are
dependents of, the juvenile court.
SECTION 33. Evaluation of Drug Court Programss. for Adult Felons
Section 119702.1 is hereby added to the Health and Safety Code to read:
11970.2.1 Notwithstanding the provisions of subdivision (d) of Section 11970.2, evaluation of all
programs for adult felons provided pursuant to Sections 11970,1 through 11970.35, inclusive,
shall be integrated with the program evaluations required pursuant to Section 11999.10. The
Department of Alcohol and Drug Programs shall not publish additional reports regarding adult
felons using any design established prior to October 31, 2007, however, all data and information
collected by the department related to.drug court programs for adult felons shall be public
information, subject to redaction only as required by federal law or the California Constitution.
The department, in collaboration with the Judicial Council, may create an evaluation design for
the Comprehensive Drug Court Implementation Act of 1999 to separately assess the effectiveness
of programs for persons who are not adult felons.
SECTION 34. Funding of Drug.Court Programs for Qualifying Adult Felons Through Track III
Section 11970.3 of the Health and Safety Code is hereby amended to read:
11970.3. (a) It is the intent of the Legselatura People :that' all programs for adult felons who
qualify for Track III treatment diversion, including those programs which may yhave functioned
before enactment of Penal Code Section 1210.2; shall, beginning July 1, 2009; r be
funded principally by the annual appropriation for Track III diversion programs described in
subdivision (c) of Section 11909.6 of the Health and Safety Code, with all other programs for
persons who do not qualify for Track III treatment diversion to be funded by aft appropriations in
the annual Budget Act,
(b) Up to 5 percent of the amount appropriated by the annual Budget Act for programs
authorized in this section, and not serving adult felons who qualify for Track III diversion
programs, is available to the department and the Judicial Council to administer the program,
including technical assistance to counties and development of an evaluation component.
SECTION 35. Repeal of Substance Abuse Offender Treatment Program
Section 11999.30 of the Health & Safety Code is amended to read:
1 1999.30. (a) The people find that it is duplicative and unnecessary to maintain separate funding
streams for the same group of drug offenders eligible for treatment. This section is hereby
repealed, effective July 1, 2009. Any funds appropriated or allocated pursuant to this section
may be distributed and used as provided by its terms, however, any such funds held by the state
44
or by a county after January 1, 2414, shall be transferred to the county's fundforyoulh
programs established pursuant to subdivision (b) of Health and Safety Code Section 11999.6:2,,
amMO
Y.
Y.. _ .. .
LN
Y.
.. .. ...
... .....
Y..
x
Y
MIMM
,.
.... . .
.. ... . .
M. .. a_
M
45
(a) There is hereby appropriated from the General Fund to the Substance Abuse Treatment Trust
Fund the amount of $150, 000, 000 for the period from January 1, 2009, until June 30, 2009, and
the amount of $460, 000, 000 annually for each full fiscal year thereafter, commencing with fiscal
year 2009 -10, with annual adjustments for price inflation; and adjustments once every five years
for changes in the state population; ur specified in subdivision (c),
(b) The Department of Finance shall annually, in the month of May; calculate and publicly
announce the adjusted funding level for each upcoming fiscal year. The Controller shall transfer
funds in the amount calculated by the Department of Finance from the General Fund to the
Substance Abuse Treatment Trust Fund on the first day of each fiscal year.
(c) The Department of Finance shall calculate annual funding levels by making an annual
adjustment to the baseline figure appropriated for fiscal year 2009 -10 to account for price
inflation, with the year 2009 to be used as the baseline year, and by making an adjustment, once
every five years, to account for changes in the state population during the previous five years,
with the first such adjustment to be.made for focal year 2016 -17
The , adjustment for price inflation shall be made with the Implicit Price Deflator for state and
local government.purchases,_as published by the U.S. Department of Commerce; Bureau of
Economic Analysis, or a comparable tool published by a similar or successor agency if that data
source is unavailable, and shall be based upon the last data point available before the start of
the fiscal year. Adjustments for changes in the state population shall use data published by the
United States Census Bureau.
(d) Funds transferred to the Substance Abuse Treatment Trust Fund are not subject to annual
appropriation by the Legislature and may be used without a time limit. Nothing in this section
precludes additional appropriations by the Legislature to the Substance Abuse Treatment Trust
Fund.
SECTION 37. Section 1 1999.5.1 is hereby added to the Health & Safety Code to read.,
11999.3.1. State and local agency oversight. "Department" refers to the California Department
of Alcohol and Drug Programs when used in the context of Track 1, Track 11, Track 111, and
youth programs, unless otherwise stated, and is designated the agency responsible for
distribution of all monies provided pursuant to Sections 11999.4 to 11999.14, inclusive. Each
county shall appoint as local lead agency its alcohol and drug programs administrator, unless
the Oversight Commission approves a county's request to appoint another local agency.
SECTION 38. Section 11999.5.2 is hereby added to the Health & Safety Code to read:
11999.5.2. Oversight Commission.
(a) There is hereby created the Treatment Diversion Oversight and Accountability Commission
(`Oversight Commission'), which shall be convened to review, direct and approve the
implementation, by the Department of Alcohol and Drug Programs, of the programs and policies
related to Track 1, Track 11, Track 111, and youth programs. Regulations ofgeneral applicability
47
Promulgated by the Department that pertain to programs required under Penal Code Sections
1210.01 to 1210.05, inclusive, and Penal Code Sections 1210.1 and 1210:2, and funded pursuant
to Health and Safety Code Sections 11999.4 to 11999.14, inclusive, shall not take effect without
approval by the Oversight Commission. The Commission shall have the powers and
responsibilities specified in subparagraph (b) for regulatory and fiscal matters. Regulations
subject to Board approval shall not be subject to the Administrative Procedures Act or to review
and approval by the Office of Administrative Law.
(b) The Oversight Commission shall do the following:
(1) Review and approve by a- majority vote:
(A) all regulations regarding county -level implementation issues related to programs- required
under this Act, and the use offtnds provided for Track 1, Track 11 Track 111,. and youth
programs:
(B) a distribution formula for f coding provided pursuant to Section 11999.6. The commission
may approve a formula for distribution of funding for youth programs that differs subsiantially
from the formula for funding for adults;
(C) any regulation placing contingencies on up to 10 percent of a county's allocation, as
provided in subdivision (d) of Section 11999.6;
(D) regulations pertaining to counties' use off tnding provided under this Act to. provide
supportive services other than drug treatment services, as described in Section 11999.6(a);
(E) regulations pertaining to the use offends for youth programs, Including the establishment of
guidelines by the Oversight Commission to defene,target.populations ofyouth under- the age of
18 who are nonviolent and at risk of committing future. drug offenses;
(F) any county 's request to appoint, as lead agency responrible.jor distribution of monies
provided under this Act, an: agency other than the county alcohol and drug programs
administrator;
(G) any proposal to order researchers to study any issue beyond the scope of studies already
approved -
(H) the annual amount proposed by the Department to be set aside for addiction training
programs, implementation trainings and conferences;
(1) the annual amount proposed by the Department to be set aside for use for direct contracts
with drug treatment service providers in counties where demand for drug treatment services,
including opioid agonist treatment, is not adequately met by existing programs;
(J) the annual amount proposed by the Department to be set aside for studies by public
universities as provided by Section 11999.10;
48
(K) regulations pertaining to clinical assessments, including guidelines and requirements for
persons performing assessments and the selection of a standardized assessment tool or tools;
(L) all requirements for county plans, including the frequency with which such plans must be
submitted, and any limits on the amounts of money to be available for use for incentives and
rewards, limits on annual carryover funds or reserves, requirements to address the provision of
culturally and linguistically appropriate services that are geographically accessible to the
relevant communities, the dissemination of overdose awareness and prevention materials.and
strategies in county jails, and the provision of training on harm reduction practices and the
implementation of harm reduction therapy and services,'
(M) all county plans, after review by the Department;
(N) any petition by a county with a population of less than 100, 000 to be exempt from
regulations regarding treatment and non - treatment costs. Any such approval shall be valid for
jour years;
(0) any corrective action proposed in lieu of repayment by a county found not to have spent
funds in accordance with the requirements of this Act;
(P) the range of data to be collected on each county annual report form;
(Q) the range of data to be required to be collected by courts regarding defendants' failure to
begin treatment within 30 days, as provided by subdivision 6) of Section 1210.03, paragraph 1
of subdivision (h) of Section 1210.1 and subdivision (J) of Section 1210.2 ;
(R) the issues and range of data to be addressed in an annual report by the Department
regarding programs conducted pursuant to this Act; and
(S) all research plans for outside evaluation pursuant to Section 11999.10.
(2) Require the Department to provide data related to Track 1, Track 11, Track 111, and youth
programs;
(3) Require counties to provide data related to Track 1, Track 11, Track 111, andyouth programs;
(4) Develop oversight and enforcement mechanisms to ensure the provision of opioid agonist
treatment consistent with this Act;
(5) Develop and approve, in consultation with the Department of Alcohol and Drug Programs;
the program and agenda, invitation list and budget jot an annual statewide conference on drug
treatment diversion pursuant to this Act; and .
(6) Conduct public meetings and invite and consider public comment, . provided; however, that
the Oversight Commission need not respond to all comments before giving approval to
regulations or taking other actions.
MI.
(c) The Oversight Commission shall be empanelled no later than July 1, 2009. It shall consist of
the following 23 voting members: Five treatment providers, including three to be appointed by
the Speaker of the Assembly, of which at least one. shall be aphysician specializing in addiction,
and at least one person shall be a provider specializing -in treatment of youth under the age of
18, and with. two such appointments made by the President of the Senate, of-which one person
shall be a member of a statewide association of treatment providers; Two mental health service
providers who work in programs providing services to persons with a dual diagnosis of mental
illness and substance abuse, of which one person shall be a member of a statewide association of
mental health service providers, with both such appointments made by the Governor; Two
county alcohol and drug program administrators, with both appointments made by the President
of the Senate; Two drug treatment program counselors, including one who is a member of a
statewide association of counselors, with both appointments made by the Governor; Two
probation department executives or officers, with both appointments made by the Governor; One
person formerly a participant in a treatment program established pursuant to the Substance
Abuse and Crime Prevention Act of 2000, or Track E or Track II of this Act, appointed by the
Governor; Two criminal defense attorneys, including one public defender and one attorney in
private defense practice, with both appointments made by the Speaker of the Assembly; Two
public policy researchers from public or private universities in California, with both
appointments made by the President of the Senate; Two members of organizations concerned
with civil rights, drug laws and/or drug policies, to be appointed by the President of the Senate;
Threw law enforcement professionals and/or members of the judiciary; who must each be in
active service or retired from active service, to be appointed by the Governor and confirmed by
the Senate.
(d) On July 1, 2011, the terms ofthefollowing members shah expire: the two treatment provider
representatives appointed by the Speaker, one treatment provider representative appointed by
the President of the Senate, one public policy researcher, one criminal defense attorney, one
representative of law enforcement or the judiciary one county alcohol and drug program
administrator; one drug treatment program counselor, one mental health service provider, one
person representing organizations concerned with civil rights, drug laws and/or drugpolicies,
one representative of the probation department, executives or officers, and the former
participant in a treatment program. On July 1, 2012, the terms of the following members shall
expire: one treatment provider representative appointed by the Speaker and one treatment
provider representative appointed by the President of the Senate, one drug treatment program
counselor, one mental health service provider, one county alcohol and drug program
administrator, one representative of the probation department, executives or officers, one
criminal defense attorney, one person representing organizations concerned with civil rights,
drug laws and/or drug policies, one public policy researcher, and two representatives of law
enforcement or the judiciary. For appointments made to the first commission to be empanelled
by no later than July 1, 2009, the Speaker, the President of the Senate and the Governor shall
indicate on which of the specified dates each term of each individual representative appointed by
them shall expire when there is more than one possible date of expiration for that category of
appointment.. Successor members shall be appointed in the same manner, and hold office for
terms of four years, each term to commence on the expiration date of the predecessor. Any
appointment of a vacancy that occurs for any reason other than the expiration of the term shall
be for the remainder of the unexpired term. Members are eligible for reappointment.
so
(0 Members of the Oversight Commission other than government employees shall receive a per
diem to be determined by the Director of the Department, but not less than the usual per diem
rate allowed to Department employees during travel out of state. All members shall be
reimbursed by the Department offor all necessary expenses of travel actually incurred attending
meetings of the Board and in the performance of their duties. All expenses shall-be paid by the
Department, and the Department shall also provide staff for the Board sufficient to support and
facilitate its operations. For purposes of compensation, attendance at meetings of the
Commission by a state or local government employee shall be deemed performance of the duties
of his state or local government employment.
SECTION 39. Section 11999.6 of the Health & Safety Code is hereby amended to read:
11999.6. (a) Moneys deposited in the Substance Abuse Treatment Trust Fund shall he
distributed annually by the Secretary of the Health and Human Services.Agency through'the
State Department of Alcohol and Drug Programs to counties to cover the costs of youth.
programs and placing persons in and providing drug treatment programs under Track 1,, Track 11
and Track 111 as provided in this eel Act, and vocational training, family counseling, mental
health services, harm reduction therapy and services and literacy training, and where permitted
by regulations approved by the Oversight Commission, for housing assistance, childcare, and
transportation to and from clinical assessment, court appearances, drug treatment, mental
health services, and other court mandated services and ancillary services such as vocational
training, family counseling, harm reduction therapy and services, and literacy training accessed
pursuant to under this ast Act. Additional costs that may be reimbursed from the Substance
Abuse Treatment Trust Fund include.probation department costs, court monitoring costs and any
miscellaneous costs made necessary by the provisions of this act, ath@F than except for drug
testing services of any kind in youth programs or for defendants participating in Track I or
Track 11. The Department may use funds appropriated by this Act to prepare and present an
annual calculation of the need for funding for drug testing services. Incarceration costs cannot
be reimbursed from the fund.
Those moneys shall he allocated to counties through a fair and equitable distribution formula
established by the Oversight Commission
. The department
nW shall reserve a portion of the fund to pay for direct contracts with drug treatment service
providers in counties or areas in which the director of the department or the Oversight
Commission has determined that demand for drug treatment services, including opioid agonist
treatment, is not adequately met by existing programs. However, nothing in this section shall be
interpreted or construed to allow any entity, including the Department or any county, to use
funds from the Substance Abuse Treatment Trust Fund to supplant funds from any excstiag other
fund source or mechanism etfreatly used to provide substance abuse treatment, except for grants
awardedpursuant to the Drug Court Partnership Act or Comprehensive Drug Court
Implementation Act, which may be supplanted by Track III funds. Funding provided by the
Substance Abuse Treatment Trust Fund shall cover those Portions of care that cannot be paid for
by other means, such as public or private insurance, mental health services funding from the
Mental Health Services Fund, treatment program funding from the Department of Corrections
51
and Rehabilitation, an individual defendant's contributions, or other funding sources for which
the defendant is eligible.
(b) Prior to calculating the annual allocations for distribution to counties, the Department shall
withhold funds, in amounts approved by a majority of the Oversight Commission, from the
Substance Abuse Treatment Trust Fund sufficient to:
(I) provide for direct contracts between the Department and drug treatment providers in
counties that have been determined, by the director or the Oversight Commission, to provide
inadequate access to drug.treatment services, including opiotd agonist treatment and other
medication - assisted treatments;
(2) provide addiction training programs for persons required to receive such Yraining under this
Act or for persons authorized to receive such training by the Oversight Commission consistent
with this Act;
(3) produce implementation training programs and/or conferences for local stakeholders; and
(4) pay for studies by public universities as provided by Section. 1.1999.10.
(c) Subject to modification as provided in subdivision (d), funds remaining in the Substance:
Abuse Treatment Trust Fund shall be allocated annually as follows, in subaccounts of the Trust
Fund:
(1) Fifteen percent for youth programs, as defined in subdivision (n).of Penal Code Section
1210.
(2) Fifteen percent fortreatment and related costs for Track diversion programs, provided
pursuant to Penal Code Section 1210.03.
(3) Sixty percent for treatment and related costs for Track 11 diversion programs, provided
pursuant to Penal Code Section 1210.1.
(4) Ten percent for treatment and related costs for 'Track 111 diversion programs,. provided
pursuant to Penal Code Section 1210.2.
(d) Upon the.enactmentof regulations promulgated by. the Department and approved by the
Oversight Commission, distribution of up to 10 percent of the allocation to counties for Track I
Track II and/or Track III programs may be made contingent uponspeciftc requirements to adopt
best practices, create innovative programs, and/or establish programs forunderserved
populations, and may be subject to a county matching requirement. Any regulation making a
portion of county allocations contingent in this manner shall speck the dispositionoffvuls not
52
accessed by counties for failure to meet the specific requirements. Absent any such regulations,
the Department shall not place any contingency involving a county matching requirement on the
allocations for Track I, Track lI or Track Ill programs.
(e) Notwithstanding. the creation of Track III diversion programs in this Act, and the requirement
for 10 percent of funding from the Trust Fund to go to such programs, no provision of this Act
shall be interpreted to preclude:
(1) the creation or maintenance of innovative programs providing court- supervised treatment to
persons or defendants not eligible for treatment under the terms of this Act;
(2) the appropriation, by the Legislature; ofseparate funding for programs for court - supervised
treatment for persons or defendants not eligible for treatment under the terms of this Act; or
(3) the use, by local court - supervised treatment programs; offends provided by a county, the
federal government or private sources.
SECTION 40. Section 1.1999.6.1 of the Health & Safety Code is hereby amended to read:
11999.6.1 Payment of Treatment Costs for.Parolees
Notwithstanding the provisions of Section 11999.6, the costs of drug treatment and related
services, including mental health services, for parolees placed into treatment under the terms of
this Act shall be paid by the Department of Corrections and Rehabilitation and not by funds from
the Substance Abuse and Treatment Trust Fund.
53
SECTION 41. Section 1 1999.6.1 is hereby added to the Health & Safety Code to read
11999.6.2 County Management of Funds
(a) County plans. Counties shall submit to the Department and the Oversight Commission their
plans for implementation and spending for programs funded pursuant to this Act at least once
every three years, or more frequently as provided in regulations approved by the Oversight
Commission. A county with a population of less than 100,000 may petition the Oversight
Commission to create and submit plans jointly with one or more additional counties.
(b) Segregation of Funds. Counties receiving funds pursuant to Section 11999.6 shall establish
three separate trust funds: one for Track I and Track 11 programs, one for Track 111 programs
and onefor youth programs. Counties shall segregate all funds received from the state
appropriately. Notwithstanding these requirements, a county with a population of less than
100, 000 may petition the Oversight Commission for an exemption from these restrictions.
(e) Regulation of Treatment and Non - Treatment Costs. Counties shall spend a minimum of 80
percent of the funds provided pursuant to Section 11 999.6 for Track 1 and Track 11 treatment
diversion programs on the delivery of treatment and support services, with up to 20 percent
allowable for non - treatment costs including probation department costs; court monitoring costs,
and other costs made necessary by this Act. The Oversight Commission shall approve
regulations to categorize costs as treatment costs or non - treatment costs, to specify allowable
percentages of non- treatment costs for Track III programs and to describe permissible uses of
funds provided for youth programs. Notwithstanding these requirements, a county with a
population of less than 100, 000 may petition the Oversight Commission for an exemption from
these restrictions.
(d) Excess Funds. Youth Treatment. Forfiscal years 2008 -09, 2009 -10, 2010 -11 and 101142, a
county may retain unspent funds received from the Substance Abuse Treatment Trust Fund to use
those funds in a future year. Thereafter, all unspent funds shall be subject to regulations
approved by the Oversight Commission regarding reserve funds. Other than funds placed in a
54
reserve in accordance with an approved county plan, any funds allocated to a county which have
not been spent for their authorized purpose within three years shall be transferred to the
county's fund for youth programs.
(e) Local Research: A county may use a portion offends provided pursuartt to Section 11999:b to
pay for independent research studies, provided that the county has .received prior approval to
contract for such research from the Department and Oversight Commission.
SECTION 42, Section 11999.8 of the Health & Safety Code is hereby amended toread:
11999.8. Surplus Funds
Any funds remaining in the Substance Abuse Treatment Trust Fund at the end of a fiscal year
may shall be utilized to pay for youth programs or drug treatment programs provided to
defendants in Track 1, 11 or 111 tape t;RFAsd Aut in the subsequent fiscal years.
SECTION 43, Section 11999.9 of the Health & Safety Code is hereby amended to read:
11999.9. The department shall annually publish data regarding the programs conducted
pursuant to this Act. Publication ofannual da"ta.shall occur no more.than five months after the
end of the fiscal year. The Oversight Commission shall establish the range of data to be
published in such annual reports, which shall include all caseload andflscal data required for
the reports required of the Office of the Legislative Analyst pursuant to Section 11999.9.1. The
reports may.be published electronically. The department shall furnish all data to the Office ofthe
Legislative Analyst, upon request, as soon as it is practical to do so, (a) T49 depeffinm!
I
0lj
s
0lj
SECTION 44. Section 11999.9.1 is hereby added to the Health & Safety Code to read:
11999.9.1 Funding Recommendations
In each of the fiscal years 2010 -11, 2012 -13 and 2013 -14, and periodically thereafter, the Office
of the Legislative Analyst shall publish an evatuatioh.of the- adequacy of funding provided for
programs purrsuam to Penal Code Sections 1210.01 to 1210.04, inclusive, and Penal Code
Sections 1210.1 and 1210.2, in the prior year. The report shall provide recommendations to the
Legislature for any additional funding that might be necessary for drug treatment, support
services, or related programs, to the extent such needs can be calculated or estimated, with due
consideration of the levels of service recommended for participating defendants by researchers,
treatment providers, physicians, county alcohol and drug program administrators and other
stakeholders. The report may make separate recommendations for funding that take account of
the fiscal condition of the state and of the counties.
SECTION 45. Section 11999.10 of the Health & Safety Code is hereby amended to read:
11999.10. The department shall allocate at least.1 percent of the fund's total moneys in fiscal
years 2009 -10 through 2014 -15, and up to 0.5-2 percent of the fund's total moneys each year in
subsequent fiscal years, for studies to be conducted by,two public universities in California, one
in the northern half of the state and one in the southern 'half of the state, aimed at evaluating the
effectiveness and f nancial impact of Track 1, Track 11 and Track 111 treatment diversion
programs and youth programs. Reports and studies paid for under this section shall be published
jointly by the two universities, and shall not be subject to approval by the department.
One study to be published at least once every three years shall consist of a cost - benefit analysis
of state and local drug enforcement and interdiction policies; including perspectives on
economics, public health, public policy and the law. This study, in part, must address the impacts
of drug law enforcement efforts on individuals, families and communities, and'shall examine,
through quantitative and qualitative analysis, ('a) any disparate impacts based on race, sex and
socioeconomic status, (b) the relationship between any disparate impacts and the decisions,
strategies and practices of local and state drug enforcement officials, and (c) the collateral
consequences of drug laws, policies and enforcement.
The Oversight Commission may order studies ofspecii is additional issues by a majority vote. to
56
SECTION 46. Section 11999:11 of the Health & Safety Code is hereby amended to read
11999.11. County Reports
Cowie Each county shall submit a report annually to the department detailing the numbers and
characteristics of clients- participants served as a result of funding provided by this act and any
other data that may be required. The department shall promulgate a form, to be approved by the
Oversight Commission, which shall be used by the counties for the reporting of this information,
as well as any other information that May be required by die depar&nenc The form shall require
counties to report the amount of money spent for drug treatment services and testing for
defendants participating in Track 111 programs; and shall require counties to provide data
regarding the adequacy offunding. The department_ shall establish a deadline by which the
counties shall submit their reports. The Department shall prompttyprovide. the. reports in
electronic form for public consumption provided that the Department shall redact any
information of which federal law or the California Constitution prohibits disclosure.
SECTION 47. Section 11999.12 of the Health & Safety Code is hereby amended to read:
11999.12. The department shall conduct periodic audits of the expenditures made by any county
that is funded, in whole or in part, with.Rmds provided by this act. Counties shall repay to the
department any funds that are not spent in accordance with the requirements of this act, With
approval by a majority of the Oversight Commission, Thethe department may require a
corrective action by the county in the:place of repayment, as determined by the deparune
SECTION 48. Section 11999.13 of the Health &'Safety Code is hereby amended to read:
11999.13 Rxeesa A indq Treatment Diversity
treatment pregf ... g that farther the purposes of this Aet. The Department .shall promulgate
regulations, with approval by a majority of the Oversight Commission, that require county plans
to address the provision of culturally and linguistically appropriate services that are
geographically accessible to the relevant communities,
SECTION 49. Section 11999.14 is:hereby.added to the Health & Safety Code to read
11999.14 Drug Overdose Prevention
Any countyy jail housing probationers or parolees pursuant to Tracks 11 or 111 ofthis Act, or
Penal Code 3063. 01, must provide drug overdose awareness and prevention. materials and
strategies to alt inmates prior to their release. The materials and strategies shall be developed
by each county's Department of Alcohol and Drug Programs in consultation with physicians
specializing in addiction and practitioners specializing in harm reduction and must be designed
and disseminated in a manner calculated to most effectively reach the jail's inmate populations
and shall be described in the county plans. The State Department of Alcohol and Drug
57
Programs shall review the county overdose materials and strategies for evidence -based best
practices.
SECTION 50. Eligibility for Mental Health Services for Persons Dually Diagnosed and in
Programs Under Treatment Diversion Tracks I, II and III.
Section 5600.33 is hereby added to the Welfare and Institutions Code to head:
5600.33 For purposes of subdivision (b) of Welfare.and Institutions Code Section 5660.3, adults
with a serious mental disorder shall include adults who are in drug treatment programs
pursuant to the provisions of Penal Code Sections 1210.01 to 1210.05, inclusive, and Penal
Code Sections 1210.1 and 1210.2, and who have been diagnosed with a mental illness coincident
with a diagnosis of substance abuse or addiction, and who meet the requirements of paragraphs
(2) and (3) of subdivision (b) of Section 5600.3. Such adults shall be considered to have a severe
mental illness and shall be eligible for services pursuant to Section 5813.5 utilizingfundf in
accordance with paragraph (5) of subdivision (a) of Section 58,92. Furthermore, each update of
a county's plan pursuant to Section 5847 shall include provisions documenting the county's
efforts to serve qualifying adults in drug treatment programs pursuant to the provisions of Penal
Code Sections 1210.01 to 1210.05, inclusive, and Penal Code Sections 1210.1 and 1210.2, and
who have been diagnosed with a mental illness coincident with a diagnosis of substance abuse or
dddiction. However, nothing in this section shall be construed to require payment for, mental
health services for parolees from the Mental Health Services Fund.
SECTION 51. Inclusion of Drug. Treatment Stakeholders in Mental Health Service Planning
Section 5848 of the Welfare and Institutions Code is hereby amended to read:
(a) Each plan and update shall be developed with local stakeholders including adults and seniors
with severe mental illness, families of children, adults and seniors with severe mental illness,
providers of services, drug treatment providers, county alcohol and drug program agencies,
members of the judiciary, law enforcement agencies, education, social' services agencies and
other important interests. A draft plan and update shall be prepared and circulated for review
and comment for at least 30 days to representatives of stakeholder interests and.any interested
party who has requested a copy of such plans.
(b) The mental health board established pursuant to Section 5604 shall conduct a public hearing
on the draft plan and annual updates at the close of the 30-day comment period required by
subdivision (a). Each adopted plan and update shall include any substantive written
recommendations for revisions. The adopted plan or update shall summarize and analyze the
recommended revisions. The mental health board shall review the adopted plan or update and
make recommendations: to the county mental health department for revisions.
(c) The department shall establish requirements for the content of the plans. The plans shall
include reports on the achievement of performance outcomes for services pursuant to Part 3
(commencing with Section 5800), Part 34(wramencing with Section 5840), and Part 4
(commencing with Section 5850) of this division funded by the Mental Health Services Fund and
58
established by the department,
(d) Mental health services provided pursuant to Pan 3 (commencing with Section 5800), and Part
4 (commencing with Section 5850) of this division, shall be included in the review of program
performance by the California Mental Health Planning Council required by paragraph (2) of
subdivision (c) of Section 5772 and in the local.mental health board's review and comment on
the performance outcome data required by paragraph (7) of subdivision (a) of Section 5'604.2.
SECTION 52. Repeal of Ballot Referral Provision.
The following.uncodifted language from Section 0 of Senate 111111117, Chaptered Bill Text
Chapter 63, passed by the Legislature June 27, 2006, approved by the Governor July 12, 2006,
and filed with the Secretary of State July 12, 2006, is hereby stricken:
SEC. 9. The provisions of this bill shall be applied prospectively. If any provision of this bill is
found to be invalid, the entire legislative measure shall be submitted to the voters at the next
statewide election.
SECTION 53. Effective Date
Except as otherwise - provided, the provisions of this Act shall become effective July 1, 2009, and
its provisions shall be applied prospectively.
SECTION 54. Amendment
Except as otherwise provided herein, this Act may be amended:only by a statute approved by the
electors, or by a statute that is approved by a four -fifths majority, of all members of each house of
the Legislature and that furthers the purposes of this.Act. However, those portions of the Penal
Code and Health and Safety Code enacted as part of the Substance Abuse and Crime Prevention
Act of 2000 that are not referenced or modified herein may be modified pursuant to the
provisions of that measure.
In any litigation involving the constitutionality of any such legislatively enacted statute, the party
or parties contending that the statute is constitutional shall have the burden of proving its
compliance with the foregoing requirements.
SECTION 55. Education Funding Guarantee
No provision of this Act shall be construed to alter the calculation of the minimum state
obligations under Section & of Article XVI of the California Constitution, nor to diminish the
actual state and local support for K -14 schools required by law, except as authorized by the
Constitution.
SECTION 56. Conflicting Ballot Measures
59
In the event that this measure relating to protecting our communities by providing rehabilitation
programs and drug treatment for youth and nonviolent offenders, and any other criminal justice
measure or measures that do not provide rehabilitation to inmates being released into society,
are approved by it majority of voters at the same election, an d this measure regarding
rehabilitation of nonviolent offenders receives a greater number of affirmative votes than any
other such measure or Measures, this measure shall control in its entirety and conflicting
provisions in the other measure or measures shall be void and without legal effect. If this
measure regarding: rehabilitation of youth and nonviolent offenders is approved but does not
receive a. greater number of affirmative votes than said other measure or measures, this measure
shall take effect to the,extem permitted by law.
SECTION 57. Severability
If any provision of this.Act or the application thereof to any person or circumstances is held
invalid or unconstitutional;: such invalidity or unconstitutionality shall not affect other provisions
or applications of this initiative which can be given effect without the invalid or unconstitutional
provision or application, and to this end the provisions of this initiative are severable.
M