07-0081
DANIEL

N. ABRAHAMSON, ESQ.

819 Bancroft Way. Berl<eley CA 94710 .(510) 229-5211.lax (510) 295-2810.legalaffalrs@drugpolicy.org

November 6, 2007
Ms. Krystal Paris
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550

~CEIVED
NOV 07 2007
INITIATIVE COORDINATOR
AnORNEY GENERAL'S OFFICE

Re: Request for Title and Summary for Proposed Initiative
Dear Ms. Paris:
Pursuant to Article II, Section I O( d) of the California Constitution, I am submitting the attached
proposed statewide ballot measure to your office and request that you prepare 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.
have also included a check to cover the $200 filing fee. My address as registered to vote is
provided on Attaclunent '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 (5 I0) 229-5211 or
legalaffairs@drugpolicy.org.

Sincerely,

UanrerN. Abrahamson, csq.

Enclosures

07-0081
SECTION I. Title.
This Act shall be known and may be cited as the "Nonviolent Offender Rehabilitation Act of
2008."
SECTION 2. Findings and Declarations.
The People of the State of California hereby find and declare all of the following:
1. Failurc to Provide Effective Rehabilitation is a Costly Mistake

(a) California's prison system has failed in its mission to rehabilitate criminals and protect public
~~.

.

(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 tens 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 for 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-incarceration 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.

G) Studies show that providing drug treatment and rehabilitation services to youth, to nonviolent
ofTenders, 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 systcm, Californians need and demand a major reorientation of state policies to provide greater rehabilitation, accountability and treatment options
for youth, nonviolent offenders and nonviolent prisoners and parolees.
II. Treatment and Rehabilitation Enhance Public Safety
(a) Public safety is enhanced when young people are offered drug education and treatment,
including family counseling, upon the first signs of a substance abuse problem.
(b) Public safety is 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 forced 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) California can protect public safety, save hundreds of millions of dollars, and reduce the
unnecessary incarceration of nonviolent offenders by:
(1) 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.
Ill. 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) Thc criminal justice system must recognize that addiction, by definition, is a chronic,
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 adhcre 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 progran1.
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 l~ss 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 beller 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 progran1S.
(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 commilling additional crimes.
G) 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.

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(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.
(I) In 2006, the Legislature passed a bill known as Senate Bill 1137 (Chapter 63, 2006 statutes)
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.
(f) 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.
(j) 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 parolc supervision for serious and violent offenders, and to reduce parole caseloads so
that parole officers can focus on more dangerous offenders.
(I) 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.
(0) 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 ofa Secrctary 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 a seerelary, wAe sAall ee two secretaries who shall be known as
the Secretary ofRehabilitation and Parole and the Secretary ofCorrections. 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 ofCorrections
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, ilie Beara efParele HeariRgs, the State
Commission on Juvenile Justice, the Prison Industry Authority, aflll the Prison Industry Board,
and Parole Policy, Programs and Hearings, to include the Board ofParole Hearings. The
duties ofthe two secretaries shall be divided asfollows:
(I) The Secretary ofRehabilitation 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 ofthis Act, and shall exercise duties such
as those set forth in Penal Code sections 4056.5 and 506Q;

5

(2) The Secretwy ofCorrections shall have primary responsibility for institutions and shall
exercise duties such as those set forth in Penal Code sections 5054.1 5054.2, 5061, 5062, 5063,
5084 and 5084;
(3) The Legislature shall by a majority vote delineate the responsibilities ofthe secretaries
consistent with the purposes and intents oftheir respective positions.
(b) The Governor, upon recommendation of the seerelllry secretaries, may appoint two
undersecretaries of the Department of Corrections and Rehabilitation, subject to Senate
confirmation. The undersecretaries shall hold office for a term offive years lit lAe IllellSlIre sf lAe
Gs\'emsr. One undersecretary shall oversee program support and the other undersecretary shall
oversee program operations for the department. The undersecretaries serving at the effective
date ofthis Act shall continue to serve at the pleasure ofthe Governor.
(c) The Governor, upon recommendation of the seeretsry secretaries, shall appoint three chief
deputy secretaries, subject to Senate confirmation, who shall hold office for a term offive years
llllAe IllellSllre sflAe Gs\'emsr. 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 chiefdeputy secretaries serving at the effective date of
this Ac/ shall conlinue to serve at/he pleasure of/he Governor.
(d) The Governor, upon recommendation of the seeretllry secre/aries, 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 seeretllr)' secre/aries, shall appoint an 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 5. 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 llREilAe
Di,..isisA sf AEilIlt PllFsle 0llerlltisAs. Eae!l The division shall be headed by a division chief, who
shall be appointed by the Governor, upon recommendation of the seerelllr)' secretaries, subject to
Senate confirmation, who shall serve at the pleasure of the Governor.
(b) The Governor shall, upon recommendation of the seerelllFY secre/aries, 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.
ECTIO

6. Section 12838.2 of the Government Code is hereby amended to read:

6

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 Commurlity 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 seerelar)' secretaries, subject to enate confirmation,
who shall serve at the pleasure of the Governor.
(b) There is hereby created wiThin the Department ofCorrecTions and RehabilitaTion, under The

Secretary ofRehabiliTation and Parole, The Division ofParole Policy, Programs and Hearings,
which, noTwithsTanding any other law, shall include the Board ofParole Hearings and The Adult
Parole Operations AuThority, and which shall retain all ofthe powers, duties, responsibiliTies,
obligations, liabilities andjurisdiction ofthe former Division ofAdult Parole Operations. The
division shall be headed by a chiefwho shall be appointed by the Governor, upon
recommendation ofthe Secretary ofRehabilitaTion and Parole, and who shall serve ajive-year
Term and who shall be eligible for reappointmenT. The Secretary ofRehabiliTaTion and Parole
shall ensure thaT The Division ofParole 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 ofthe Department, with the goal ofsuccessful reintegration offormer
inmates inTo society.
(c) There is hereby created within the Department ofCorrections and RehabilitaTion, under the
Secretary ofRehabilitaTion and Parole, the Division ofResearch for Recovery and Re-EnTry
Mailers, This division shall be headed by a chief who shall be appointed by the Secretary of
Rehabilitation and Parole, who shall serve ajive-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 ofRehabilitation 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 ++ 29 commissioners, who shall be appointed by the Governor, upon
recommendaTion ofthe Secretary ofRehabilitaTion and Parole, sllejeelle Senate eenfirmalien,
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 ofParole Hearings on The effective date ofthis Act shall serve the remainder oftheir
Terms.
SECTION 8. ection 12838,7 of the Government Code is hereby amended to read:

7

12838.7. (a) The SeerelaF)' Secretaries of the Department of Corrections and Rehabilitation shall
serve as the Chief Executive 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 ojsubdivision (a) oJSection 12838, which are conferred
upon a head of a state department by Chapter 2 (commencing with Section 11150) of Part I of
Division 3 of Title 2 of the Government Code.
(b) Without limiting any other powers or duties, the seerelary 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 agenc¥, board, or
department that is abolished pursuant to Section 12838.4 or 12838.5.
SECTION 9. ection 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 officer or employee of the continuing entities who is engaged in the performance ofa
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 oJthe People that to the extent permitted by law any positions created pursuant
to this Act under the SecretaryJor Rehabilitation and Parole shall be occupied by the same
category ojrehabilitation 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 ojany
officer or employee oJthe Department oJCorrections 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) ojDivision 5 oJTitle 2 oJthe 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:

8

12838.13. This article as amended shall become operative as of July I, ~ 2009, except that
the Secretary ofRehabilitation and Parole shall be appointed by February I, 2009, as provided.
SECTION II. Section 1210 of the Penal Code is amended to read:
1210. As used in Sections 1210.0110 1210.05, inclusive, and Sections 1210.1,1210.2 and
3063.1 of this code, and Division 10.8 (commencing with Section 11999.4) 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 11058 of the Health
and Safety Code, or ofany controlled substance analog as defined in Section 1 1401 ofthe
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 ofany drug paraphernalia offense
as defined in Section 11364 ofthe Health and Safety Code or Section 4140 ofthe 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. Ajury's determination
that a defendant is guilty ofsimple possession is a dispositive finding that the defendant is
eligible for probation under this Act absent other disqualifyingfactors set forth in separate
sections ofthe Act. People v. Dove, 124 Cal. App. 4th 1 (2004), is hereby nullified.

(b) The term "drug treatment program," "interim treatment program" or "drug treatment" means
a slate 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 RMeslie refllaeemeRlllleraflY, residential treatment, mental health services
e1eIS)!il'iealisR serviees, and aftercare or continuing careserviees. 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 be eligible to provide drug treatment
services without regard to the licensing or certification provisions required by this subdivision.
Detoxification services in a non-custodial selling, and/or mental health services. may be
provided as a part ofdrug 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 a prison,~ jailor other custodial facility.
(c) The term "medication-assisted treatment" means the medically indicated and medically
managed use ofany prescription medication, with the defendant'S consent, as a part ofdrug
treatment, or as a complement or supplement to such treatment. Examples include, but are not
limited to, the use ofanti-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 oftreatment services.

9

~(d)

The term "harm reduction therapy" and "harm reduction services" means programs
guided by a public health philosophy which promotes methods ofreducing 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 lise drllgs, including alcohol, for a variety ofreasons, and strives for an integrated
treatment approach that addresses the complex relationship that people develop with
psychoactive substances over the course oftheir lives, in the context ofthe social and
occupational impacts and psychological and emotional implications oftheir substance misuse.
Harm reduction programs are free ofjudgment or blame and directly involve the client in selling
his or her own goals.
(e) The tenn "successful completion of treatment" means that a 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 CessalieR er RElfeelie relllaeemeRllherallY. completion 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.

W(f) The term "misdemeanor not related to the use of drugs" means a misdemeanor that does
not involve (I) 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 (2) any activity similar to those listed
in (1).
(g) The term "clinical assessment" means an evaluation performed by a qualified health care
professional or drug treatment professional certified by the state Department ofAlcohol 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
ofdrug treatment. including opioid agonist treatment. When appropriate. a clinical assessment
may include a separate evaluation ofmental health needs and/or psychiatric and psychological
factors.
(h) The term "criminal histOly evaluation" means a report by a probation department or other
entity appointed by the court detailing a defendant's history ofarrest, conviction, incarceration
and recidivism. Such an evaluation may include opinions or recommendations regarding the risk
ofrecidivism by the defendant and appropriate monitoring conditions for the defendant.
(i) The term "addiction training" shall mean an educational program about drug abuse and
addiction intendedfor an audience ofpersons working with defendants placed into treatment
under the terms ofthis Act. The objectives and content ofaddiction training programs shall be
established by the Department ofAlcohol and Drug Programs in collaboration with a statewide
association ofphysicians specializing in addiction and with the Judicial Council; provided,
however, that one required portion ofevery addiction training course shall consist ofeducation
regarding opioid addiction and opioid agonist therapies and one portion shall cover principles

10

and practices ofharm reduction. Such training programs may be paidfor from the Substance
Abuse Treatment Trust Fund, in an amount approved by the Oversight Commission.
(j) "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 oftreatment pursuant to this section, or the promise ofsuch rewards,
intended to encourage future progress and good behavior. 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 ofAlcohol and Drug Programs shall annually publish a list ofexamples 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, andfamily counseling.
(l) "Graduated sanction" means a response by a treatment provider or by the court to a client's
or defendant's misbehavior, 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 ofdrug testing, allendance at a greater number ofcourt sessions or community
service. The Department ofAlcohol and Drug Programs shall annually publish a list of
examples ofappropriate sanctions. Graduated sanctions do not include jail sanctions.

(m) "Jail sanction" means the imposition ofa term ofincarceration in a county jail in response
to a defendant's misbehavior or probation violations. The length oftime allowable for a jail
sanction may be specified by statute; otherwise, no jail sanction shall exceed 10 days. Imposition
ofajail sanction does not require, or imply, the termination ofdrug 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 opioid agonisttreatment,
and including the opinion ofthe defendant'S licensed and treating physician if available and
presented at the hearing, child support obligations, andfamily responsibilities. The court shall
also consider whether illicit drugs are available in the county's jail, the prevalence ofdrug use
therein, and any documented impact ofdrug-related harms resultingfrom drug use in jail.
(n) "Youth programs" means non-custodial programs and services for youth under the age of 18
who are considered to be nonviolent and at risk ofcommillingfillure 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 ofthese services.

1I

SECTION 12. Section 1210.01 is added to the Penal Code to read:
1210.01 Assessment ofDefendants 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, 01' Track lll, as provided in sections 1210. 0310 1210. 05,
inclusive, section 1210.1 and section 1210.2. The costs ofthe clinical assessment shall be
reimbursable from funds provided pursuant to this Act. The defendant shall have the right to
counsel and may refuse the clinical assessment and/or any interview for the criminal history
evaluation until afier 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 ofthe
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 III
shall be placed 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 ofthe defendant.
Prior to a final determination ofthe appropriate treatment program and the availability ofsuch
a program for the defendant, the cOl/rtma)' orda the d~fendantto affend any available treatment
program that partly serves the defendant's needs as an interim measure for purposes ofquickly
engaging the defendant in treatment, provided that such an interim placement shall be for no
more than sixty days. Defendants who refuse to affend 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 ofdrug-related conditions ofprobation while attending
an interim placement. The court shall credit the time that the defendant attends an interim
treatment program toward the overall period oftreatment required.
(2) The court shall refer the defendant to opioid agonist treatment or other medication-assisted
treatments where the clinical assessment indicates the needfor 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 clinical 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 I, Track II or Track III
may be required to undergo analysis ofhis or her urinefor the purpose oftestingfor the
presence ofany drug as part ofthe program. The results ofsuch analysis may be used 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 ofthe defendant's
individual treatment program. Results ofsuch testing shall not be admissible as a basis for any
new criminal prosecution or proceeding, nor shall such results be cause, in and ofthemselves,
for the court to enter judgment in a case where the defendant has had entry ofjudgment deferred
under Track I diversion, or for the court to find that a violation ofprobation 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, cutoffconcentrations, dilution and adulteration criteria, and split specimen procedures.
(6) No person otherwise eligible for treatment shall be denied access to treatment due to the
presence ofa co-occurring psychiatric or developmental disorder or language barrier, nor shall
an eligible defendant be required to cease the use ofany medication-assisted treatments, or
other medications taken pursuant to a valid prescription or otherwise taken consistent with state
law, subject to court verification.
(7) In addition to any fine assessed under other provisions oflaw, the trial judge may require
any person placed in Track I, Track II or Track III treatment who is reasonably able to do so to
contribute to the cost ofhis 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 refuse to report a
client's completion ofa program.
(B) Failure to pay such costs shall not be grounds for a court to deny dismissal ofcharges,
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 oftreatment under Tracks I or II, respectively.
(D) Before or after the completion oftreatment, the court may require community service as an
alternative to the payment ofoutstanding fees, fines or court costs, or may use administrative or
civil methods to require payment ofany outstanding amount.
(E) A person who is unable to pay the cost ofhis or her placement in a drug treatment program
shall not be deprived ofappropriate 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 by the clinical assessment ofthe defendant or through other evaluations ofthe
defendant's needs.

(b) Ajier July 1, 2010, every judge regularly presiding over a Track 1, Track 11 or Track 111
diversion case ajier 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 1. Treatment Diversion with Deferred Entry ofJudgment.
(a) Notwithstanding any other provision oflaw, drug treatment shall be provided to eligible
defendants. A defendant is eligible for the disposition options, sanctions and treatment programs
of Track 1 diversion if:
(1) The defendant is charged with one or more nonviolent drug possession offenses.
(2) The defendant has never been convicted ofan offense defined in subdivision (c) ofSection
667.5 as a violent felony or any offense defined in subdivision (c) ofSection 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 ofthe charged offense.
(4) The defendant is not charged with any other offense that is not a nonviolent drug possession
offense.

(b) A defendant who is not eligible solely because ofa concurrent charge for another offense as
provided in paragraph (4) ofsubdivision (a), whether in the same or another case, in the same
or anothel'jurisdiction, may be deemed eligible for Track 1 treatment pursuant to this section if
the cOllrt determines that it is in the interest ofthe defendant and in the furtherance ofjllstice to
permit deferred entry ofjudgment.
(c) A defendant may refUse Track 1 treatment. No defendant shall be ruled ineligible for Track 1
treatment solely because offailure to complete a diversion program offered pursuant to Penal
Code Section 1000.
(d) A defense attorney, a prosecllling attorney, or the court on its own motion, may request Track
1 treatment diversion for any defendant when it appears that the defendant meets the criteria set
forth in Section 1210.03(a) or the cOllrt has made the findings specified in Section 1210. 03 (b).
The court shall order an evidentiary hearing in any case in which there is a dispute as to the
defendant's eligibility for Track 1 treatment diversion. The prosecution shall have the burden to
prove that the defendant is not eligible. If the defendant isfound 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 1 treatment diversion, the court
shall provide the following to the defendant and his 01' her a/lorney:
(I) A full description ofthe procedures for Track 1 treatment diversion, including any waivers
required ofthe defendant, the defendant's right to refuse the program, the defendant's rights
during the program, the potential duration ofthe program, the benejits a defendant may expect
for completing the program and the consequences offailure to complete the program.

(2) A general explanation ofthe roles and authorities ofthe probation department, the
prosecuting al/orney, the program, and the court in the process. An explanation ofcriminal
record retention and disposition resulting from participation in the deferred entry ofjudgment
program and the defendant's rights relative to answering questions about his or her arrest and
deferred entry ofjudgment following successful completion ofthe program.
(j) 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 ofjudgment if the defendant pleads guilty to the
charge 01' charges and waives time for the pronouncement ofjudgment.
(g) At the time that deferred entry ofjudgment is granted, any bail bond or undertaking, or

deposit in lieu thereof, on jile by or on behalfofthe defendant shall be exonerated.
(h) At the time deferred entry ofjudgment is granted, the court shall seal from public view all
records andjiles concerning the qualifying offense, including all records ofarrest and detention,
for the period the defendant is participating in a treatment program referred to in this section or
is on a wailing list for a program referred to in this section.
(i) The court shall order the defendant to appeal' for a clinical assessment and criminal history
evaluation, and shall thereafter order the defendant to aI/end and complete an appropriate
treatment program. If the defendant had a clinical assessment performed prior to a
determination ofeligibility, 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 ofSection 1210.02.

OJ If a defendant receives deferred entry ofjudgment under this section, and has not yet begun
treatment within 30 days ofthe grant ofdeferred entry ofjudgment, 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 refilse treatment and deferred enuy ofjudgment.

If the defendant does not refuse treatment, the court may re-refer the defendant to the treatment
program and may impose graduated sanctions 01' 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 resultedFom 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

15

to provide transportation ijneeded. A defendant for whom judgment is entered due tofailure to
begin treatment shall be transferred to Track II treatment diversion.
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.
(k) The period during which deferred ently ofjudgment 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 and the probation department as directed by the court.
(/) No statement that is made during the course oftreatment or any information procured
therefrom, 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.
(m) Deferred entry ofjudgment for a violation ofSection 11368 ofthe Health and Safety Code
shall not prohibit 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 ofSection 1210.05.
(n) A defendant's plea ofguilty pursuant to this chapter shall not constitute a conviction for any
purpose unless ajudgment ofguilty is entered pursuant to Section 1210.04.
(0) During periodic review hearings to evaluate a defendant's progress, the court shall consider
the use ofincentives 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 ofjudgment. The court may not impose a jail sanction
on a defendant participating in Track [treatment diversion.

(P) Jfthe defendant has performed satisfactorily during the period in which deferred entry 0/
judgment was granted, the criminal charge or charges shall be dismissed and the case records
andfiles shall be permanently sealed, including any record ofarrest and detention.

SECTION 15. Section 1210.04 is added to the Penal Code to read:
1210.04. Jfit appears to the treatment provider, the prosecuting aI/arney, the court, or the
probation department that the defendant is performing unsatisfactorily in the assigned program,
or the defendant is convicted ofa misdemeanor not related to the use ofdrugs, or the defendant
is convicted ofa 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 ofjudgment, the
prosecuting al/orney or the court on its own, may make a motion for entry ofjudgment.
After notice 10 the defendant, the court shall hold a hearing to determine whether judgment
should be entered. Jfthe court finds that the defendant is not performing satisfactorily in the

16

assigned program, orlhatlhe defendanl is not benefiting from education, Ireatment, or
rehabililation, or Ihe COUri finds Ihalthe defendanl has been convicled ofa crime as indicaled
above, or (hallhe defendant has engaged in criminal conduci rendering him or her unsuilable
for deferred entry ofjudgmenl, Ihe courl shall render a finding ofgllililo Ihe charge or charges
pled, enlerjudgmenl, and schedule a senlencing hearing as otherwise provided in Ihis code.
In delermining whelher Ihe defendanl has performed salisfaclorily or unsalisfaclOrily in any
Ireatment program, the court shall be guided by the evaluation provided for the court by the
qualified Irealment professional in charge ofthe defendanl 's Irealmenl program, and Ihe
Irealmenl provider's opinion as to Ihe prospeCIS for Ihe defendanl 10 relurn 10 Irealmenl and
cOnlinue Irealmenl successfully wilh changes in Ihe Irealmenl plan.
If Ihe courl does nol enler jlldgmenl, Ihe Irealmenl plan may be amended, and gradualed
sanclions may be imposed, consislenl wilh Ihe recommendalion oflhe Irealmenl provider.
Iflhe court does enler judgmenl, Ihe courl shall senlence Ihe defendanllo Track Jl probalion and
Irealmenl, ifeligible. Iflhe defendanl has commilled a new offense thai is a misdemeanor nol
relaled 10 Ihe use ofdrugs or afelony Ihal is nol a nonviolenl drug possession offense,
senlencing is nol conirolled by Ihis seclion.

SECTION 16. Section 1210.05 is added to the Penal Code to read:
1210.05 (a) Any record filed wilh Ihe Deparlmenl ofJuslice shall indicale Ihe disposilion in
those cases deferred pursuanlto Ihis chapler. NOlwilhslanding any olher provision oflaw, upon
successful completion ofa deferred enlry ofjudgmenl program, the arresl upon which Ihe
judgment was deferred shall be deemed 10 have never occurred. The defendanl may indicale in
response 10 any queslion concerning his or her prior criminal record Ihal he or she was not
arrested or granted deferred enlry ofjudgment for Ihe offense, excepl as specified in subdivision
(b). A record perlaining 10 an arresl resulting in successful completion ofa deferred entry of
judgmenl program shall not be used in any way Ihal could resull in Ihe denial ofany
employmenl. benefit, license. or certificate.
(b) The defendanl shall be advised Ihal, regardless ofhis or her successful completion ofthe
deferred enlry ofjudgmenl program, the arresl upon which Ihe judgmenl was deferred may be
disclosed by Ihe Deparlmenl ofJuslice in response 10 any peace officer application reqllesl and
Ihal, nolwilhslanding subdivision (a), Ihis section does nol relieve him or her oflhe obligalion 10
disclose the arresl in response to any direct queslion contained in any questionnaire or
applicalionfor a posilion 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. Trealment Diversion After a Conviclion. PessessieA Of CeAtrellea
SueslaAees; PreeatieA; el(ee~
(a) Notwithstanding any other provision of law, and except as provided in subdivision ~(f), any
person who is ineligible for Track I deferred enllY diversion and is convicted of a nonviolent
17

drug possession offense shall receive probation. As a condition of probation the court shall
require participation in and completion of an appropriate drug treatment program. The eS\lrt shall
imflsse aflflFsflriale smg lesliAg as a eaAsitiaA af flrebalisA. The ea\lrt may alsa imflsse, as a
eSAsitiaA af flrsbalisA, flartieiflalisA iA '..sealisAallraiAiAg, family eSWlseliAg, literae~' IraiAiAg
aAs/sr esmm\lAity sep..iee. 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 thereajier order the defendant to attend and complete an
appropriate treatment program. If the defendant had a clinical assessment performed prior to a
determination ofeligibility, the court may order a new assessment. The court shall thereajier
place the defendant in treatment and set monitoring conditions consistent with the terms and
requirements ofSection 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 may impose. Probation shall be imposed by suspending the
imposition of sentence. Ns flerSSA shall be seAieslhe Sflflsrt\lAily Is beAefil fram Ihe flrS\'isisAs
sf Ihe S\lbslllAee Ab\lse aAs Crime Pre\'eAlisA Ael sf 2QQQ bases sslel)' \lflSA eYiseAee sf a es
see\lrring flsyehialrie sr se¥elsflmeAlal sissrser,
(c) Upon granting probation under subdivision (a), the court shall seal all records andfiles
concerning the qualifYing offense, including all records ofarrest, detention, and conviction, for
the period that the defendant is in treatment or on a waiting list 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. IA assilisA Is llA~' fiAe assesses \lASer siher flrS\'isiSAS af la....·, Ihe trial j\lsge may
reEj\lire lIAY flerssA eSAyieles afa ASAYialeAI sr\lg flsssessiaA sffeAse ,,,,'hs is reassAabl~' able Is
SS sa la eaAlrib\lle la Ihe essl af his sr her aWA fllaeemenl in a Sf\lg trealmeAI flrsgram.
(e) Any person who has been ordered to complete a drug treatment program pursuant to this
section shall not be required to comply with the drug offender registration provisions ofsection
11590 ofthe Health and Safety Code during the course oftreatment. Said exemption will
become permanent upon the successful completion ofthe drug treatment program. Any person
convicted ofa nonviolent drug offense that was deemed ineligible for participation in or has
been excludedfrom continued participation in this act shall be subject to the provisions of
Section 11590 ofthe Health and Safety Code.
~(f)

Subdivision (a) shall not apply to any of the following:

(I) 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 1192.7, 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 an 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 anned 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 jive or more
convictions for any offense or combination ofoffenses, including nonviolent drug possession
offenses, and not including infractions. A defendant who is ineligible for Track II treatment
diversion solely on the basis ofthis jinding shall be eligible for Track llJ treatment diversion.

(g) No defendant shall be ruled ineligible for Track II treatment because offailure to complete a
diversion program offered pursuant to Penal Code Section 1000.

(e) (I) An)' sefensaRI '",,'hs has J'lFe'lislISI)' eeeR esn\'ieles sf al leasllfiFee nen SHig Felales
fe1,mies-fer-wltieMhe-<l*Rd an~er-ved-tjclFee SeJ'laFBle-J*iwn leFnlS wi lhi I1-lhe-n1eaning-ef
sllesi\'isisA (a) sf SeelieR 667.5 shall ee J'lFesllHleS eligiele reF IFealmenlllRseF sliesivisieA (a).
The eeliR may eJEelllSe slleh a sefensElflI fFsm lFealmeAlllRSeF sllesiyisien (a) wheFe the eellF!,
J'lIlFSllElflIIS the mslisn sf the J'lFOseelllsF SF ils SWR mSlisn, Hnss lhal the sefensaRI J'leses a
J'lFesenl saRgeF Is the safety sf stheFs ElflS wSIlIs nel eeneHI [Fsm a SHig lFealmenl J'lFsgFam. The
esllfl shall, en the FeesFs, slale ilS Hndings, the Feassns reF thsse HnElings.
(2) Any ElefeRsanl whs has J'lFe,,,isllsly eeen eenvieleEl sf a missemeaRsF SF felsn)' alleaSIHye
limes wilhin Ihe J'lFisF 3Q nlsAIhs shall ee J'lFeSllmeElle ee eligiele reF lFealmenlllAEleF slleEli\'isisn

(a). The eSIlF! nlay e)(eillse slleh a deHlRSElflI [Tsm IFealmenlllRseF sllesi\'isisn (a) if the eellF!,
J'lIlFSIlElflIIS the I11SlisA sf the J'lFSSeelllsF, SF en ils s'....n mslisR, Hnss lhallhe ElefenSElflI J'lsses a
J'lFesenl ElElflgeF Ie the safely s[ slheFs SF ·.·.'sIlIEl nsleeneHI Hsm a ElRig lFealFAeRI J'lFegFam. The
eSIlF! shall, en the FessFs, slale ils HnElings ans the Feasens reF lhese Hnsings.
(EI)(h) Within seven days of an order imposing probation under 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.

(I) If a defendant receives probation under subdivision (a), and has not yet begun treatment
within 30 days ofthe grant ofprobation, the court shall conduct a hearing to determine the
reasonsfor the defendant'sfailure 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 'sfailure to begin treatment resultedfrom 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 failllre 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 ofthe 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 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.
(2) During periodic review hearings to evaluate a defendant's progress, the court shall consider
the use o(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 a finding that a violation ofprobation has occurred.
8-1(3) [f at any point during the course of drug treatment the treatment 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.

f21(4) If at any point during the course of drug lreatmentthe 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
12 I0, the probation department may move to revoke probation. At the revocation hearing, the
prosecution must prove the defendant is unamenable 10 all drug treatment programs pursuant to

20

subdivision (b) ofSection 1210 ifit is JlroyaEi that tha ElafenEioRt is uflaffiaRabla to all Elrug
traatffiaRt JlrogrOFlls JlursuaRt to subElivisioR (b) of Saetion 1210, whereupon the court may
revoke probation.
EB(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 lha SubstaRee Abuse
aREI Griffie PreveRlion Aet of 2000 shall not exceed 24 months.

(6) 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 providefor
no more than six months ofcontinued supervision after the date oftreatment completion.
Aftercare or continuing care services may be required and provided during this period.
W(i) (I) 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 andfiles to remain sealed,
including any record ofarrest, detention, and conviction. [n 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 fTom
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 pcrson 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 0 f serving on a jury.

810) (I) If probation is revoked pursuant to the provisions of this subdivision, the court may
sentence the defendant to Track III 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
commilted a new offense that is a misdemeanor not related to the use ofdrugs or afelony that is
not a nonviolent drug possession offense, sentencing is not controlled by this paragraph. llle

eefeneant ma)' ee ineaFeeFatee IlIlFSllant te etheFwise alllllieaele law witilellt Fegare te tile
IlFe\'isiens eftilis seetien. Tile eellR may meeify eF Fe\'eke IlFeeatien if the allegee vielatien is
1l F8\'ee.
(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 nondrug-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 and/or jail sanctions prior to
reinstatement ofprobation and treatment, if the alleged violation is proved, provided, however,
that no jail sanction shall be imposed on a defendant who is receiving medication-assisted
treatment if that treatment is nOI available to the defendant in jail. Iflay Felflane the eefeneant feF

a lleFiee net el!eeeeing 30 eays eluing wilieil time the eellFt may Feeei\'e inllllt fFem tFeatment,
\*leatien, the state, ane tile eefeneant, ane the eellFl may eenellel fllFtheF heaFings as it eeems
allllF8IlFiate te eeteFmine whetiler eF net IlFeeatien shellid ee FeinslatedlllldeF this seetien. If the
eellFl Feinstales the defendant en IlFeeatien, the eellFl may medify the tFeatment Illan and an)'
elheF leFms ef IlFeeatien, and eentinlle tile defendanl in a tFeatment IlFegFam IIndeF the SlIeslanee
"'elise and CFime PFeyentien Aet ef2000. If the eelll't Feinstates the defendant en IlFeeatien, the
eellFl ma)', afteF Feeeiving inllllt fFem the tFealffient IlFe,,.ideF and IlFeeatien, if availaele, intensify
eF alteF the treatment Illan IIndeF slleei'lisien Ea), and imllese sanetiens, ineilleing jail sanetiens
net elleeeeing 30 days, a teel te enilanee tFeatment eemlliianee.
(3) (A) If a defendant Feeei\'es IlFeeatien lIneeF After drug treatment commences pllrsllontto
subdivision (a), and if there is probable cause 10 believe thai the defendant has violaled 'Iielales
that probation either by committing a nonviolent drug possession offense, or a misdemeanor for
simple possession or use of drugs or drug paraphernalia, eeillg IlFesent wileFe dFllgs aFe IIsed, eF
fail\IFe te FegisteF as a dFllg effelldeF, eF an)' aetivit}, similaF te tilese listed ill slledi'lisien Ee) ef
Seetiell 1210, or by violating a drug-related condition of probation, and tile state me\'es te
Fe\'eke IlFeeatiell, 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 probalion under Ihis section for a drug related
violation ofprobation which occurred while the defendant was on a waiting list for a treatment
program, was placed in an interim treatment program, or was olherwise 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. ifthe \'ielatiell dees Ilet

inyelve the Feeelll lise efeFIIgs as a eiFelllflstanee eftile Yielatiell, inelllding, 13111 nellimiled te,
vielaliells Felalillg Ie failllFe Ie alllleaF at tFealment eF eellFl, neneemlllianee with IFealment, aile
22

faihue la reJ'laR fer antg lesliRg, IAe ea\lrt Il~ay imJ'lase saReliaRs iRelllaiRg jail sBfleliaRs IAal
may Ral elieeea 48 Aallrs af eaRliRllalls eIlSlaa)' as a laalla eRAaRee IrealmeRI eamJ'lliBRee aRa
imJ'lase alAer eAaRges iR Ihe lerms ana eanailiaRs af J'lraaalian. TAe eallR sAal1 eansiaer, 8ffiang
alAer fuelars, Ihe seriallsRess af Ihe vialalian, J'lre\'ialls IrealmeRI eamJ'lliBRee, emJ'llayn~eRI,
ealiealiaR, YaealiaRallraiRiRg, meaieal eanailiaRs, meaieal tFeatmeRI, iRelllaiRg Rarealies
reJ'llaeemellllrealmelll, aRa illelllaiRg IAe aJ'lilliaR af Iha aefeRaBRI's lieeRsea BRa trealillg
J'lAysieiBR if imfneaialely availaale ana J'lreseillea alll~e Aearing, eAila SIlJ'lJ'laR aaligalians, BRa
family resJ'laRsiaililies. TAe eallR sAall eaRsiaer aaailiallal eaRailiaRs af J'lraaaliaR, whiel~ may
iRelllae, aliI are Rallill~ilea la, eammllllily seF\'iee alla sllJ'lervisea warll J'lragr8ffis. If aRe af Ihe
eirellffislanees aflAe \'ialaliall ill\'alves reseAl aFIIg lise, as well as atAer eirellmslanees af
vialalian, BRa IAe eirellmslanee af reeenl afllg lise is aemanstFalea la IAe eallR ay salisfuelary
e\'iaenee BRa a HRaiRg maae aR Ihe reeara, tAe eallrl may, after reeei't'ing iRJ'l1l1 fram Irealmelll
BRa J'lraaaliaR, if ayailaale, aireellhe aefeRaBRlla eRler a lieeRsea aelaJdHealiaR ar resiaeRlial
IreatFReRI faeilily, aRa iflhere is Ra Ilea immeaialely availaale iR slieA a fueilily, IAe eatlR may
araer tAallAe aefeRaBRI ae eaRHRea iR a ea\lllly jail fer aelall1HealiaR J'lllfjlases aRly, if tAe jail
affers aelaldHealiaR: serviees, fer a J'leriaa RaIla elieeea IGaays. The aelaliiHealiaR serviees
mllsl J'lra't'iae Rarealie reJ'llaeemeRIIAeraJ'l)' fer tAase aefeRaBRls J'lreSeRlly aetllall)' reeeiyiRg
Rarealie reJ'llaeemeRIIAeraJ'lY,
(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 'rialales tAat probation either
by commilling a nonviolent drug possession offense, or a misdemeanor for simple possession or
use of drugs or drug paraphernalia, aeiRg J'lreSeRI wAere afllgs Bfe IIsea, ar failllre la regisler as a
afllg affellaer, ar aRY aeli'ril)' similBf la tAase lislea iR sllaaiyisiaR (a) af SeeliaR 121 G, 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
commilled 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., BRa may, iR aaailiaR, if the vialaliaR aaas Ilal
iR\'alve tAe reeelllllse af afllgs as a eire\lffislBRee af the ,..ialaliaR, iRelllaiRg, alit Rallilnilea la,
\'ialaliaRs relaliRg la failllre la aJ'lJ'leBf al trealmeRI ar eallR, RalleamJ'lliaRee witA tFealmeRI, aRa
fuihlfe la reJ'laR fer afllg testiRg, imJ'lase SBRetiaRs iRelllaiRg jail SaRetiaRs tAat may Ral elleeea
12G Aallrs af eaRliRllalls ellslaay as a laal ta eRAaRee IreatFReRI eamJ'lliBRee aRa imJ'lase atAer
eA8Rges iR IAe lerms BRa eaRailiaRs af J'lraaatiaR, TAe eallR sAall eaRsiaer, BffiaRg alAer fuelars,
IAe seriallsRess af tAe \'ialaliaR, J'lreyialls trealmeRI eamJ'lliBflee, emJ'llaymeRI, eallealiaR,
vaealiaRallraiRiRg, meaieal eaRaitiaRs, meaieallreauneRI, iRelliaiRg RBfealies reJ'llaeemelll
IrealmeRI, BRa iReluaiRg tAe aJ'liRiaR aftAe aefeRaaRI's lieeRsea aRa IrealiRg J'lAysieiBR if
immeaialel)' availaale BRa J'lreSeRlea at tAe AeariRg, eAila sllJ'lJ'laR aaligaliaRs, BRa fumily
resJ'lallsiaililies, TAe eatlrl sAall eaRsiaer aaailiaRal eallaitiaRS af J'lraaaliaR, wAieA may iRelllae,
aliI are Ral limilea ta, eammllnity seryiee BRa sllJ'lervisea '!rarll J'lragr8ffiS, If aRe af IAe

23

eirellmstanees af the 'o'ialatian in'fah'es resent Elmg llse, as '...'ell as ather eirellmstanees af
'o'ialatian, anEi the eirellmstanee efFeeent Elrllg llse is ElemanstFateEi ta the eellrt ay satisfaetary
B¥iElenee anEi a finEling maEle an the reearEl, the eallrt ma~', after reeei'o'ing in('lllt franl treatment
anEi ('lraaatian, if a,'ailaale, elireet tile EleAmEiant ta enter a lieenseEi ElelaJ(ifiealian ar resiElential
treatmenl faeilily, anel iflhere is na aeEl immeEliately a'o'ailaale in the faeili~', the eallrt ma~' arEler
that the ElefenElanl ae eanfineEi in a ealll1ly jail fer Elelal(ifiealian ('lllr('lases anly, if the jail affers
elelaJdfieatian seFViees, fer a ('leriaEinat la e)(eeeEl I g elays. Dela)(ifieatian sePo'iees milSI ('lrayiEle
narealie re('llaeement thera('lY fer lAase ElefenElanls ('lresenlly aelllally reeei,'ing naFealie
re('llaeement Ihera('lY.
(e) If a defendant receives probation under subdivision (a), and fer the lhinl ar sllase~llent time
,'ialales on a subsequent occasion there is probable calise 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, anEi the slate ma'les fer a IhirEi ar sllase~llent lime
ta re'ral,e ('lraaatian, 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 jinds, in its discretion, after taking into
consideration the opinions and recommendations ofthe drllg treatment provider and the district
al/orney, that the defendant: .
(I) is not a danger to the community, and
(2) is notllnamenable to treatment.

If the court does not revoke probation,

it may intensify or alter the drug treatment plan, impose a
graduated sanction, and/or impose a jail sanction not to exceed 48 hours upon the jirst such
imposition during the current course oftreatment, jive days upon the second such imposition
during the current course oftreatment, and 10 days for any subsequent imposition, provided,
however, that no jail sanction shall be imposed on a defendant who is receiving medicationassisted trealment if that treatment is not available to the defendant in jail.

unless the eaurl eletermines lhallhe ElefenElanl is nat a Elanger la the eamrnlll1ity anEi walllEi
aenefit [ram fur!her lreatmenl UI1e1er sllaeli'lisian (a). The eallrt may lAen eilAer inlensify ar alter
lhe treatment ('llan llnEler sllaEli'.'isian (a) ar transfer the ElefenElal1t la a highly slFllelllreEi Elmg
eallR. IflAe eallR eanlinlles tke ElefenElanl in treatmenlllnEler sllaEliyisian (a), ar Elmg eallr!, lAe
eallR may im('lase a('l('lra('lriate sanetians inelllEling jail sal1etians as lAe eallfl Eleems a('l('lra('lriale.
(D) J.f-a A defendant who is on probation and enrolled in a drug treatment program pursuant to
the former provisions ofSection 1210,1 at the effective date of this aet Act shall be subject to the
revised provisions ofthe sectionfor any future probation violation or for any new offense. Where
such a probationer has commil/ed one or more drug-related violations ofprobation prior to the
effective date ofthe revisions, the count ofthe number probation violations shall not be reset, but
shall cOllntforwardfrom the number ofviolations prior to July 1, 2009,/or purposes of
establishing the court's response to sllch violations. fer a nan'lialenl ElFlig ('lassessian affense

'o'ialates that ('lraaatian either a~' eammitting a nan,'ialenl ElFlig ('lassessian affense, ar a
misEleme8l1ar fer sim('lle ('lassessian ar llse af 8FligS ar 8Flig (.laFa(.lhemalia.aeing ('lresent where
24

arHgs are Hsea, er failHre Ie regisler as a arHg effenaer, er any aelivily similar Ie Iflese lislea in
sHbai\'isien (a) ef Seelien 121 G, er by yielaling a amg relalea eenailien ef Ilrebalien, anatfle
slale me\'es Ie re\'eIEe Ilrebalien, Ifle eeHrt shall eenaHel a hearing Ie aetermine whether
Ilrebatien sflall be re\'eIEeel. The trial eemt shall revslte Ilrsbatisn if Ihe allegeallrsbatien
\'ielatisn is Ilre\'ea ana the slale Ilrsves by a Ilrellenaeranee ef Ihe e,,'iaenee thatlhe aefenaanl
Ilsses a aanger Is Ifle safely ef ethers. If tfle eSHrt ases nst re'/slte Ilrsbatisn, il may msaify sr
alter tfle Ireatmentlllan, ana in aaailien, iflhe yielatisn aees net in\'sl'/e Ihe reeent Hse sfamgs
as a eireHmstanee ef Ihe vielatisn, inelHaing, bHtnetlilfliteate, yielatisns relating te failHre te
allllear at treatment sr eSHrt, nsnesnllliianee with treatment, ana failHre te rellert fer arHg testing,
the esml may imllese sanetiens inelHaing jail sanetisns that may nst elEeeea 48 hsms sf
esnlinHsHs eHstsay as a tsslls enfianee treatment esmlliianee ana imllsse sther ehanges in the
terms ana esnaitisns sf Ilrsbatisn. The eSHr! sflall eensiaer, ameng ether faeters, tfie seriSHSFless
ef tfle vielatieFl, Ilre\'ieHS !Featment eemlliianee, emllisyment, eaHeatieFl, \'SeatisFlaJ IraiFling,
meaieal eeFlaitisFls, meaieal trealmeFlI, inelHaiFlg naresties relllaeement treatment, ana inelHaing
Ifle sllinisn ef Ihe aefenaanfs lieensea ana treating Ilflysieian if immeaiately a'/ailable ana
Ilresentea at tfle flearing, ehila SHllllsr! sbligatisFls, ana family resllensibililies. The eSHrt shall
esnsiaer aaaitisFlal esnaitisns sf Ilrsbatisn, wfliefl rna)' inelHae, bHI are nel limitea te,
esmmHHily seF\'iee ana sHller'/isea wsrlt Ilrsgrams. If ene ef tfle eireHmstaflees ef tfie '"ielalien
inyslyes reseAl arug Hse, as well as etfler eireHmslaFlees sf \'islatisfl, aflathe eireHFFlstanee sf
reseAl arHg Hse is aem8Jlstrateats the eeHrt by satisfeelsry eviaenee ana a Hnaiflg maae sn tfie
reeera, the ee\:lr! may, after reeeiyiflg inllHt frsm treatment anallrebalieFl, ifa\'ailable, aireetlhe
aefenaanl te enter a lieensea aelslEifieatisn er resiaential treatmeFlI faeility, afla if there is ns bea
immeaiately a\'ailabls in sueh a faeilily, Ihe esurt may sraer that the aefeflaant be eenfinea in a
eeHnty jail fer aelelEifieatieFl Ilurllsses sFlly, if the jail effers aetelEiHealieFl serviees, fer a Ileriea
nette elEeeea IGaays. The aelslEiHealieFl ser\'iees mHslllreyiae flareetie relllaeenient therallY fer
these aefenaaflls Ilresently aetHall)' reeeiying nareetie relllaeemeFlt therallY.
(E) If a aefeflaant eFl Ilrsbatisn atlhe effeeli\'e aate ef Ihis aet fer a flefl\'ieleflt arug llesSeSSieFl

effense vislates that Ilrebatiefl a seeefia time either by eeFl1Fl1itting a nsn'Aelefit arHg Ilessessiefl
effense, sr a misaemeansr fer simllie Ilessessiefl er Hse ef arugs er arug Ilarallhernalia, beiflg
flreseFlt where arHgs are usea, sr failure ts regisler as a arug sffenaer, er any aetivity similar te
these listea in sHbaiyisien (a) ef Seelien 121 G, er b)' '/islatiflg a arHg relalea eSfiailieFl sf
IlrebatieFl, ana the state Ifleves fer a seeeflatilfle ts re\'slte Ilrebatisfl, the eeHrt shall eeFlawHl
flearing te aetermine whether flrsbatien shall be re'"eltea. The trial eeHrt shall re'lelte Ilrebatisn if
the allegea flrebatien yielatien is flrS\'ea ana the state Ilreves b)' a IlrelleFlaeranee sf the eviaeflee
either that the aefeFlaantlleses a aanger te the safet)' sf ethers sr that the aefeFlaant is
Hflamenable te arug treatlflenl. If tile eeHr! aees Flet re\'elte IlrebatisFl, it may meaif)' er alter tfle
treatmentlliafl, ana iFl aaailiefl, if the \'islatiefl aees net ifl\'ehe tfie reDeAl Hse ef arHgs as a
eireHmstaflee ef the 'lislatien, iFleluaing, bHt Flstlimiteats, \'ielatiens relating te failme te allllear
attreatmeFlt er eeHr!, neneemlllianee vlitfi treatment, aflel failHre te reller! fer arug testiFlg, the
eeHr! may imllese sanetiens iFlehlaiFlg jail sanetiens that may nel elEeeea 12G heHrs ef eSFltiFl1l8HS
eHsteay as a teelte enllanee treatment eemlllianee ana imllese ether ehanges in the terms ana
esnaitiens efllrsbatisFl. The eeHr! shall eeFlsiaer, ameflg sther faelsrs, the serieHsFless efthe
\'ielatien, Ilre\'ieHS treatment eemlliianee, emllleyment, eaHeatieFl, ','eeatienaJ !Faining, meaieal
eeFlaitiens, meaieal trealment iFlelHaiFlg flaresties relllaeelfleflt!Featrnent, ana inelHaiFlg Ihe
elliFliefi ef the aefeflaant's lieeFlsea aFlatreating Ilhysieiafl if immeeliately a'lailable anallreseFltea

25

at the heariAg, ehild sHpport obligatioAs, aAd fan'lily responsibilities. The eOHr! shall eensider
additieAal eonditions of probatioA, whieh ma), iAelHde, bHt are Aet limited to, eOIf!mtlHity serviee
aAd sHpePl'ised werl( programs. If OAe of tAe eireHmstaAees of the '/ielation iA'Iolyes reeeAt drHg
Hse, as well as otAer eireHmstanees of violation, aAd!he eireHmstaRee of resent drHg Hse is
demoAstrated to the eeHrt by satisfastery evideAee aAd a AAdiAg made OA the reeerd, the eeHr!
may, after reeeiviAg iApHt frolf! treatmeAt aAd proba*!n, if a\'ailable, direet the defeAdan! to
eAter a lieeAsed detoldAeatioA or residential !reatmeAt faeilit)', aRd if there is no bed immediatel)'
a'o'ailable iA sHeh a faeility, the eelirt may erder that the defeAdBflt be eeAAAed iA a eOHflty jail for
detoniAeatioA pHFposes oAly, if tAe jail offers detoniAeatioA sePl'iees, for a period AOt to e)(eeed
IGdays. The detonilieatioA sePl'iees must previde Aareotie replaeemeAt therapy for tAose
defeAdaRts preseAtly aetHall)' resei\'iAg Aareetie replaeemeAt therap)'.
(Il) If a defeAdaAt OA probatioA at the effeeti\'e date of this aet for a AOA'IioleAt drug effeAse
violates that probatioA a third or sHbse(jHeAt time eitAer by sOmrAittiAg a AOA\'ioleAt drug
possessioA offeAse, er by violatiAg a drug related eORditioR of prebatieA, aRd tAe state mo\'es for
a third or sHbse(jHeRt time to re\'ol(e prebatioR, the eour! shall eondHet a heariRg to determiRe
whether prebatieA shall be re'/eked. If the alleged prebatioR \'iolatioR is pro'o'ed, the defendant is
AOt eligible for eOAtiRHed prebatieR HRder SHbdi\'isiOR (a), HRless the eOHrt determiAes that the
defeRdaRt is Ret a daRger to tAe eOmrAunil)' aRd wOHld beReAt from further !reatmeRt HRder
SHbdi'lisioR (a). The sOUr! may theR either iRteRsil')' er alter the !reatmeRt plaR HRder sHbdivision
(a) or transfer the defeRdaRt te a highly s!rHetured drHg eoliFt. If the eolirt eOAtiAHes the
defeAdaR! iR treatmeRt HAder sHbdiyision (a), or drug eOHrt, the eOHr! may impose appropriate
SaRetieAs iAelHdiAg jail sanetieRs.
(g) The term "drHg related eORditieR ef preba!ieA" shall inslHde a prebatieRer's speeiAe drug
treatmeRt regimeR, emplo)'meRt, 'o'eeatioRal traiRiRg, edHeatioRal prograAls, psyehologieal
eOWlseliRg, aRd family eOHRseling.
SECTION 18. Section 1210.2 is added to the Penal Code to read:
1210.2 Track Ill. Treatment Diversion After a Conviction For Possession OfControlled
Substances; Other Nonviolent Offenses; Judicial Discretion.
(a) Notwithstanding any other provision oflaw, an offender is eligible to be placed into Track III
treatment diversion programs if the defendant has:

(1) participated unsuccessfully in Track /I treatment diversion;
(2) committed a nonviolent drug possession offense or offenses, bw is not eligible for Track /I
treatment diversion; or
(3) commilled a nonviolent offense or offenses, and the defendant appears to have a problem
with substance abuse or addiction.

(b) The court must find that placement ofthe defendant in Track III treatment diversion pursuant
to subdivision (a) is in the furtherance ofjustice. In the case ofa defendant who has commilled 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 ofa sentence for the offense prior to placement in Track lI{treatment diversion, with the
remainder ofthe sentence suspended during participation.
(c) Notwithstanding any other provision oflaw, an offender shall be placed into Track IIJ
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 jive or more convictions for any offense or combination ofoffenses, including nonviolent
drug possession offenses, and not including infractions.
(d) A defendant is not eligible for Track IIJtreatment diversion under this section
defendant:

if the

(1) has ever commilled a serious felony, as dejined in subdivision (c) ofSect ion 1192.7, or a
violent felony, as dejined in subdivision (c) ofSection 667.5, unless the district allorney seeks to
place the defendant in Track IIJ treatment diversion;

(2) is eligible for Track / or Track II treatment diversion and has not been afforded any
opportunity 10 participate in such programs; or
(3) refuses placement in treatment diversion under this section.
(e) A defendant placed into Track IIJtreatment diversion shall be granted probation. As a
condition ofprobation the court shall require participation in and completion ofan 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. If the defendant had a clinical assessment performed prior
to a determination ofeligibility, 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 ofSection 1210.02.
(f) If a defendant receives probation under this section, and has not yet begun treatment within
30 days ofthe grant ofprobation, the court shall conduct a hearing to determine the reason for
the defendant's fai/ure 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 for
the defendant's failure to start treatment, provided, however, that sanctions shall not be imposed
or probation revoked when the defendant 'sfai/ure to begin treatment resultedfrom a county's
inability to provide appropriate treatment in a timely manner or from the county'sfailure 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 ofprobation may
not exceed 18 months, unless the court makes afinding that the continuation oftreatment
services beyond 18 months is necessary for drug treatment to be succes!Jjul. Ifsuch a finding is
made, the court may order up to two three-month extensions oftreatment services. The provision
oftreatment 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 ofa dedicated court calendar and the
incorporation ofa collaborative court model ofoversight that includes close collaboration with
treatment providers and probation, urinalysis consistent with treatment needs, and supervision
ofprogress through review hearings.

(i) During periodic review hearings to evaluate a defendant's progress, the court shall consider
the use ofincentives and rewards to encourage continued progress, and may impose graduated
sanctions or jail sanctions in re!Jponse to problems reported by the treatment provider or
probation department, or in the court's discretion, with or without afinding that a violation of
probation has occurred. A jail sanction shall not exceed 48 hours upon the first such imposition
during the current course oftreatment, five days upon the second such imposition during the
current course oftreatment, 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.

OJ 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 d~rendant's behavior. Ifprobation is
terminated, the defendant may be sentenced without regard to any provision ofthis section.
(k) Upon successfUl completion oftreatment as required under this section, the court may
require continued probation. At any time after completion ofdrug treatment and the terms of
probation, the court shall conduct a hearing to determine the appropriate final disposition ofthe
case, which may include dismissal ofthe conviction, indictment, complaint and information
against the defendant, and the sealing ofcase records andfiles, including any record ofarrest,
detention and conviction. The defendant may, additionally, petition the court for a dismissal of
charges at any time after completion oftreatment. Any time a dismissal is ordered, the court
shall set appropriate limitations for the defendant regarding the dismissed charges.

SECTIO

19. Section 2933 of the Penal Code is hereby amended to read:

(a) It is the intent of the Legislature that persons convicted ofa 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 Direeler efCerreelieAs Department ofCorrections and
Rehabilitation for performance in work, training. or education programs established by the
Department ofCorrections and Rehabilitation Direeler efCerreelieAs. 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, eli reeler, 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 eli reeler Department for prisoners not assigned to a fulltime credit qualifying program. Every prisoner who refuses to accept a full-time credit qualifying
assigrullent 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 293 I. Under no circumstances
shall any prisoner receive more than six months' credit reduction for any six-month period under
this subdivision seelieA.
(b) It is the intent ofthe People that persons convicted ofa crime defined in subparagraph (I) of
subdivision (b) ofSection 3000 and sentenced to the state prison under Section 1170 serve the
entire sentence imposed by the court, except for a reduction in the time served in the custody of
the Department ofCorrections and Rehabilitationfor 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 ofgood behavior, a prisoner
shall be awarded a good time credit reduction to his or her term ofconfinement ofno 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 ofconfinement ofno less than one month. As to both good time and
program time reductions, a lesser amount ofcredit based on this ratio shall be awardedfor any
lesser period ofgood behavior or performance. The Department ofCorrections and
Rehabilitation may award more than the minimum credit amounts providedfor in this section
pursuant to regl/lations approved by the Parole Reform Oversight and Accountability Board.
Credits awarded pursuant to this subdivision shall not be used to reduce the tenn for any inmate
who has ever been convicted ofa serious or violent felony within the meaning ofPenal Code
sections 667.5 or 1192.7, or who has ever been convicted ofa section 290 registration offense.
Inmates may earn the credits provided in this subdivision whether serving time for their original
commitment offense or serving time ajier having been returned to state prison from parole.

(c) Nothing in this section shall be interpreted to limit the mvarding ofcredits to any inmates
pursuant to any law or regulation existing prior to the effective date ofthis Act.

29

(d) Inmates who qualify for credits under subdivisions (a) and (b) ofthis section may earn credit
under both subdivisions provided, however, that the combined total ofall credits shall not exceed
one-halfofthe term ofimprisonment imposed by Ihe court, unless the inmale successfully
compleles a rehabilitalion program as defined in seclion 3000, subdivision (b)(3). The maximum
amounl ofcredit for inmates who successfully complete rehabilitalion programs shall be
designated in regulations approved by Ihe Parole Reform Oversighl and Accountability Board.
~

(e) Wsrktime ereElit Earning credils is a privilege, not a right. Wsrktime ereElit Credits must
be earned and may be forfeited pursuant to the provisions of Section 2932. The application of
credit to reduce the sentence of a prisoner who committed a crime on or after January I, 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 full time credit qualifying
program or service or assignment in a manner consistent with institutional security and available
resources.

W (f) Under regulations adopted by the Department of Corrections and Rehabililation, which
shall require a period of not more than one year free of disciplinary infractions, 'l,'srIRime credit
which has been previously forfeited may be restored by the Departmenr E1ireetsf. 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 Rehabilitalion may provide
that up to 180 days 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 or was permanently disabled. Upon application of the prisoner and following
completion of the required time period free of disciplinary offenses, forfeited credits eligible for
restoration under the regulations for disciplinary offenses other than serious disciplinary
infractions punishable 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 by a credit loss of more than 90 days, restoration of credit shall be at the discretion of
the director. The prisoner may appeal the finding through the Department of Corrections and
Rehabilitalion review procedure, which shall include a review by an individual independent of
the institution who has supervisorial authority over the institution.

(6j-(g) The provisions of subdivision W (f) shall also apply in cases of credit forFeited under
Section 2931 for offenses and serious disciplinary infractions occurring on or after January I,
1983.
SECTION 20. Section 3000 of the Penal Code is hereby amended to read:

30

(a) (I) The Legislatlolfe People finds and declares that the periods immediately fellawiRg 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 reinlegration into society, and provide for appropriate lfle
supervision ef and 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 Legislatlolfe People finds and declares that it is not the intent of 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) The LegislatloiFe 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 parlicipation in restorative juslice programs,
where appropriate, and equally diligent efforts must be made 10 prevenl such criminal behavior
by provision ofappropriale services, programs and counseling before parolees leave prison and
after they are released, wilh Ihe goal ofsuccessful reintegration oflhe parolee inlo sociely.

(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 oflhis section, and seclion 2933, subdivision (b), the following dejinilions
apply:
(I) The IeI'm "qualifying commitmenl offense" means that the current offensefrom which the
inmale is being paroled is a controlled substance offense, a nonviolent property offense, or any
olher offense added by Ihe Legislature by majorily vole. A controlled substance offense is any
offense involving possession or use ofany controlled substance dejined in Health and Safely
Code seclions 11054, 11055, 11056, 11057 or 11058, or Ihe sale or distribulion ofany such
subslance in an amount less Ihan one kilogram, provided Ihallhe conviclion did nol involve a
jinding ofsale or distribulion to a minor. A nonviolenl properly offense is a crime against
properly in which no one is physically injured and which did nol involve either Ihe use or
attempled use afforce or violence or Ihe express or implied Ihreat 10 use force or violence. The
Parole Reform Oversighl and Accounlabilily Board shall creale an advisory lisl ofqualifying
commilmenl offenses which meellhe crileria idenlijied in Ihis subdivision.

(2) The IeI'm "seclion 290 regislralion offense" means an offense for which regislralion is
required pursuant 10 Penal Code section 290.

31

(3) The term "rehabilitation programs" refers to training and counseling programs paidfor by
the California Department ofCorrections and Rehabilitation designed 10 assist prison inmates
and parolees in a successful reintegration into the community upon release. Such programs and
services include, but are not limited 10, 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 andfrom 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 ofthe following: science-based drug education, oulpatient
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 ofthe Velerans Health
Administration ofthe Department of Veterans Affairs or a program specified in Sec/ion 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 ofparole where the requirements ofthe
parolee are to report to his. or her parole officer no more than once every ninety days and to be
subject to search.
~(c)

Notwithstanding any provision to the contrary in Article 3 (commencing with Section
3040) of this chapter, the following shall apply:

(I) At the eliJliratiea ef a teffA ef imJlfissllHIeat sf eae year BAe eae eay, er a term ef
imllrisellHleat imJleSeellllrSIlBAt te Seetiea ) 17() er at the e)iJliratiea ef a term reelleee Jlllrsllaat
te Seetiea 2931 er 2933, ifaflllliealJle, the iamate shalllJe releasee ea Jlarele fer a Jleriee aet
exeeeeiag three years, e)ieellt that BAy illHlate seateaeee fer aa sffease sJleeifiee ia JlaragraJlh (3),
(4), (5), (e), (II), (I e), er (18) ef slllJei...isiea (e) ef Seetiea ee7.5 shalllJe releasee ea Jlarele Hlr
a Jleriee aet elieeeeiag fi... e years, lIaless ia either ease the Ilarele alltheril)' fer geee eallse
wai\'es Jlarele aae eiseharges the inl1'1ate frem the ellsteey ef the eeJlartmeal.
(1) As to all inmates sentenced to state prison under sec/ion 1170 and scheduled /0 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 /0 their scheduled release. Prior to providing an inmate with rehabilitation
programs, the Department shall conduct a case assessment to determine the inmate's needs and
which programs are most likely to result in the successfUl reintegration ofthe inmate upon
release. If a parolee is returned to state prison for less than 90 days, the Department shall
nevertheless provide rehabilitation programs.

32

(2) As to all inmates releasedfrom state prison and on parole, the Department ofCorrections
and Rehabilitation shall provide rehabilitation programs tailored to the parolee's needs as
defined by the case assessment.
(3) At the expiration ofa term ofimprisonment ofone year and one day, or a term of
imprisonment imposed pursuant to Section 1170 or at the expiration ofa 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 ofthe Department, an inmate shall be
releasedfrom 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 ofeither a serious
or violent felony within the meaning ofPenal Code sections 667.5 or 1192.7 or a section 290
registration offense; and
(C) The inmate has never been convicted or suffered ajuvenile adjudication ofparticipating in a
criminal street gang in violation ofPenal Code section 186.22, subdivision (a), or convicted ofa
felony committedfor the benefit of at the direction of or in association with any criminal street
gang in violation ofPenal Code section 186.22, subdivision (b).
The six-month supervision period may be extended only to account for time that the parolee is
incarcerated due to parole violations or for time in which the parolee is absent from supervision.
At the end ofthe supervision period, the parolee shall be dischargedfromjiJrther 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 ofthis 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 ofthe Department.
(4) At the expiration ofa term ofimprisonment ofone year and one day, or a term of
imprisonment imposed pursuant to Section 1170 or at the expiration ofa term reduced pursuant
to Section 2931 or 2933, if applicable, any inmate sentencedfor 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 ofup to five years, unless the parole authority for good cause waives parole and
discharges the inmatefrom the custody ofthe department.
(5)~ In the case of any inmate sentenced under Section I 168, 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 ilmlate 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 good cause waives

33

parole and discharges the inmate from custody of the department. This subdivision shall also be
applicable to inmates who committed crimes prior to July I, 1977, to the extent specified in
Section 1170.2.

(6)E31 Notwithstanding paragraphs (I) BAa (2), (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 667.71, the period of
parole shall be 10 years.
(7)~ The parole authority shall consider the request of any inmate regarding the length of his or
her parole and the conditions thereof.

(8)f:)1 Upon successful completion of parole, or at the end of the maximum statutory period of
parole specified for the inmate under paragraph (1), (2) Sf (3) (3), (4), (5), or (6) as the case 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) ana (3) BAa (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 pr has
bee.n 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 maya 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 maya 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 Scction 3064, in no case maya prisoner subject to 10 years on parole
be rctained 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 parole 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 (I) of Section 1202.4.

(lO)p::J For purposes of this chapter, the Board of Parole Hearings shall be considered the parole
authority.

34

(l1)E&1 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.
(l2)~ It is the intent of the Legislature that efforts be made with respect to persons who are
subject to Section 290.0 II who are on parole to engage them in treatment.

(d) As to all inmates releasedji'om state prison and dischargedji-om parole, the Department of
Corrections and Rehabilitation shall provide rehabilitation programs upon request ofthe former
inmate made within one year ofdischarge from parole. The services shall be provided through
the inmate's county probation department and shall last no more than 12 months from the date
they are first provided. All operational costs ofsuch services shall be reimbursed by the
Department ofCorrections 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 ofthe Department ofCorrections and Rehabilitation regardless 0/
whether the services and supervision are provided by the county or the parole authority. The
response 10 any further violations shall be governed by Penal Code section 3063.1/or as long as
the parolee remains eligible/or continued treatment under that section. Parolees who are no
longer eligible for drug treatment pursuant to the terms ofsection 3063.1 (d)(3)(A) or (B), and
who violate the terms oftheir parole, shall be governed by subdivisions (c), (d) and (e) o/this
section.
(b) A parolee who accepts an assignment or re/erralto a program described in Penal Code
sections 3060.9,3069 or 3069.5, shall, in writing, voluntarily and specifically waive application
o/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/elony 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 prisonJor a technical violation o/parole. For purposes ofthis section, the term technical
violation o/parole refers to conduct which although it may violate a parole condition does not
constitute either a misdemeanor or felony in and ofitself Where a technical violation 0/
absconding/rom parole supervision has beenfound, the parolee may be incarcerated in local
jail for up to 30 days or non-incarceration options and sanctions may be imposed, including
modification o/the conditions 0/parole, pel/orming a case assessment to determine needs, and
provision o/local rehabilitation programs as defined in section 3000, subdivision (b)(3). 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 conditions 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 ofsuch local custody, and any
aS~'essments or rehabilitation programs, shall be reimbursed by the Department ofCorrections
and Rehabilitation. Nothing in this section is intended to overrule the provisions ofsection
3063.1.
(d) Excep/ for parolees covered by sec/ion 3060. 7, and parolees who have ever been convicted of
a serious or violen/felony pursuan//o Penal Code sec/ions 667.5, subdivision (c) or 1192.7,
subdivision (c), parole shall no/ be suspended or revoked, and a prisoner re/urned to cus/ody in
s/a/e prison, for a misdemeanor viola/ion ofparole. For purposes of/his sec/ion, the term
misdemeanor viola/ion ofparole refers to conduct which although it may violate a parole
condition does not necessarily constilute afelony in and ofitself Where a misdemeanor
violation has beenfound, non-incarceration options and sanctions may be imposed, including
modification ofthe conditions ofparole, performing a case assessment to determine needs, and
provision oflocal rehabilitation programs as defined in section 3000, subdivision (b)(3).
Alternatively, where a misdemeanor violation has beenfound, parole may be revoked and the
parolee may be returned /0 custody in local jail for up to six months. The operational costs of
such local custody, and any assessmen/s or rehabilitation programs, shall be reimbursed by the
Department ofCorrections and Rehabilitation. Nothing in this section is intended to overrule
the provisions ofsection 3063.1.
(e) Notwithstanding any other provision oflaw, parole may be suspended or revoked, and any
prisoner may be returned to custody in stale prison, for a felony violation ofparole. For
purposes ofthis section, the term felony violation ofparole refers to conduct which constitutes a
felony in and ofitself Where afelony violation has beenfound, non-incarceration options and
sanctions may be imposed, including modifica/ion ofthe conditions ofparole, performing a case
assessment to determine needs, and provision oflocal rehabilitation programs as defined in
section 3000, subdivision (b)(3). Alternatively, where afelony violation has been found, parole
may be revoked and the prisoner may be returned to custody in local jail or state prison. The
operational costs ofsuch local custody, and any assessments or rehabilitation programs. shall
be reimbursed by the Department ofCorrections and Rehabilitation. Nothing in this section is
in/ended to overrule the provisions ofsec/ion 3063.1.
(f) In addition to any other procedures and righ/s provided by law, a parolee alleged to have
committed a viola/ion ofparole shall receive notice ofthe alleged violation at a hearing held
before a depu/y commissioner ofthe Board ofParole 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 repor/ data regarding all alleged parole violations,
regardless of whether they are sustained 01' result in either modification or revocation ofparole.
The da/a shall be collec/ed in the form recommended by the Parole Reform Oversight and
Accountability Board and shall include information about the nature ofthe violation and the
demographics ofthe alleged violator. The Department ofCorrec/ions and Rehabilitation shall
publish /his data electronically at leas/twice yearly on its website.

36

SECTION 22. Section 3063.02 is hereby added to the Penal Code to read:
From thefimds appropriated to the California Department ofCorrections 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 fimds for five years, beginning July
1, 2009, for a pilot project in at least five regions !>panning 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 ofCorrections and
Rehabilitation, ofthe programs and policies providedfor under this Act. Regulations ofgeneral
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 Act or 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 proposedfunding allocations for 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 ofcredit 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 same 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){I) and 3000(c){3);
(5) Require the Department ofCorrections and Rehabilitation to provide specific data on the
parole system, and examine that data to assess current laws regulating all aspects ofthe parole
system;
(6) Require the Department ofCorrections and Rehabilitation to provide specific data on
rehabilitation programs to be collected by the Division ofResearch 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 appropriate form ofdata collection for
purposes ofsection 3063.01. subdivision (e), regarding parole violations;

37

(8) Order research on parole policy and practices, inside and outside California, to be paidfor,
upon a majority vote ofthe BoardJrom thefunds appropriated to the Department ofCorrections
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 ofCorrections and
Rehabilitation, ofa system ofincentives and rewards to encourage compliance with the terms of
parole by all fonner inmates under parole supervision;
(10) Provide a balancedforwn for statewide policy development, information development,
research and planning concerning the parole process;
(1 I) Assemble and draw upon sources ofknowledge, experience and community values from all
sectors ofthe criminal justice systemJrom the public at large andfrom other jurisdictions;

(12) Study the experiences ofother jurisdictions in connection with parole;
(13) Make recommendations to the Secretwy ofRehabilitation 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 10 evaluate themselves, evolve and improve;
(15) Develop and approve, in consultation with the Department ofCorrections and
Rehabilitation, the program and agenda, invitation list and budget for an annual international
conference on the subject ofprisoner and parolee rehabilitation;
(16) Identify and promote innovative rehabilitation programs and best practices implemented in
prisons and on parole, and publicly honor Department employees who exemplify rehabilitation
excellence;
(17) Determine the board's staffing needs sufficient to 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 empanelled no later than March 3I, 2009. It shall be composed of I 9
voting members and two non-voting members. The two non-voting members shall be the
Secretary ofRehabilitation and Parole or his or her designee and the Inspector General. Ofthe
19 voting members, two members shall be academic experts in parole policy appointed by the
Speaker ofthe Assembly. One member shall be a legal scholar with expertise in parole policy,
appointed by the Senate Committee on Rules. One member shall be a county sherifffrom a
county with a population greater than 100, 000, appointed by the Governor. One member shall

38

be aformer member ofthejudiciOlY appointed by the Governor. One member shall be a person
formerly incarcerated in state prison, appointed by the Speaker ofthe 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 litigating parole cases on behalfofinmates, appointed by the
Speaker ofthe Assembly. One member shall be a member ofa crime victims group, appointed by
the Governor. One member shall be a parole ofjicer with a minimum offive years experience
appointed by the Governor. Three members shall be providers ofdrug treatment, rehabilitation
or re-entry services as defined in section 3000(b)(3), with one appointed by the Speaker ofthe
Assembly, one appointed by the Senate Committee on Rules and one appointed by the Governor.
One member shall be a provider ofcommunity-based services to parolees, appointed by the
Senate Committee on Rules. One member shall be a member ofan association ofcounty
governments, appointed by the Governor. Two members shall be representatives ofthe two
largest bargaining units within the Department, the representative ofthe largest bargaining unit
appointed by the Speaker ofthe Assembly and the other representative appointed by the
Governor.
(c) On January I, 2012, the terms ofthe county sheriffrrom the smaller county, the former
member ofthe judiciary, the parole officer, the district attorney, the county government
representative, the representative ofthe largest bargaining unit within the Department, and the
private defense lawyer shall expire. On January I, 2013, the terms ofthe crime victim
representative, the public defender, the sherifffrom the larger county, the representative ofthe
second largest bargaining unit within the Department, and the provider ofcommunity-based
services shall expire. On January 1,2014, the terms ofthe 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 ofthree
years, each term to commence on the expiration date ofthe predecessor. Any appointment to a
vacancy that occurs for any reason other than the expiration ofthe term shall befor the
remainder ofthe unexpired term. Members are eligible for reappointment.
(d) Members ofthe Board other than government employees shall receive a per diem to be
determined by the Department ofCorrections and Rehabilitation, but not less than the usual per
diem rate allowed to Department employees during travel out ofstate. All members shall be
reimbursed by the Departmentfor all necessary expenses oftravel actually incurred attending
meetings ofthe Board and in the performance oftheir duties. All expenses shall be paid by the
Department, and the Department shall also provide stafffor the Board sufficient to support and
facilitate its operations. Research ordered by the Board shall be conducted by a public
university in California and shall be paidfor by the Department from the funds appropriated to
the Department in the annual budget act, and subject to the limitations contained therein. For
purposes ofcompensation, attendance at meetings ofthe Board by a state or local government
employee shall be deemed performance ofthe duties ofhis 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 ofthe treatment program and ofthe 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 ofsuch testing shall not be admissible as a basis for any new criminal
prosecution or proceeding, nor shall such results be cause, in and ofthemselves, to find that a
violation ofparole has occurred. The county or parole authority may consider a test result as
positive for pu/poses ofmodijj;ing a parolee's conditions ofparole only if the laboratory
performing such analysis utilized the following procedures and standards: validity testing, initial
and confirmation testing, cutoffconcentrations, 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 ofthe Department ofCorrections and Director ofCorrections;
creation ofSecretary ofRehabilitation and Parole. Referellees la Direelar efGarreelialls;

BBalishmell1 af affiee.
Commencing July 1, 2009, any reference to the Secretary ofthe Department ofCorrections and
Rehabilitation or the Director ofCorrections refers to the Secretary ofRehabilitation and Parole
or the Secretary ofCorrections as specified by statute or the subject mailer ofthe provision.

Gammelleillg Jill)' 1,2005, BIl)' referellee la Ihe Direelar af Garreelialls ill Ihis ar BIl)' alher ease
refers la the Seerelar)' af tAe Departmelll af GarreeliaRS llIlS RehBBililBliaR. As af tABI sBle, Ihe
affiee af Ihe Direelar af GarreeliaBs is BBalishes.
SECTION 26. Section 6026.01 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
controlled sllbstance offense. The report shall clearly delineate the nllmbers enterin/? institlltions
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 ofcontrolled substances, the report
shall, to the greatest extent possible, provide detail regarding the prior records ofsuch persons,
the controlled substance involved, the reasons for referral to institutions, the range ofsentence
lengths and the average sentence lengths imposed on such persons. The report shall include a
statement or projection ofthe annual cost ofincarcerating all ofthese persons for controlled
substance offenses. The first such annual report shall be issued no later than July I, 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 ofpersons
placed onto parole supervision and the levels ofsupervision; the number ofparolees
participating;n rehabilitation programs and the specific types ofprograms in which those

40

parolees were enrolled; the number ofalleged parole violations and the number ofparole
violations found to have occurred; the response to parole violations including parole
modifications, sanctions, program referrals and revocations; and the number ofjail or prison
days served by parole violators. Each report shall contain a section with data on treatment
provided pursuant to section 3063.i, and including data related to eligibility, participation and
completion. Each report shall provide information on the sex, race or ethnicity, and county of
commitment ofall parolees, to the extent such information is available, for each category of
information requiredfor the report. Thefirst such annual report shall be issued no later than
July I, 201i.
SECTION 28. Section 6032 is hereby added to the Penal Code to read:

The Department ofCorrections and Rehabilitation shall annually host an international
conference on the subject ofprisoner and parolee rehabilitation with the purpose ofexamining
California's rehabilitation programs and data and comparing California's efforts with the best
practices and innovations ofother jurisdictions. The conference shall include representatives
from the corrections and rehabilitation departments ofother states and other nations. The
complete program and agenda, invitation list and budget shall be delleloped by the Department
ofCorrections and Rehabilitation in consultation with, and subject to the final 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 paidfor 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 i,
20iO.
SECTION 29. Section 6050.1 is hereby added to the Penal Code to read:

(a) The Governor, upon the recommendation ofthe Secretary ofRehabilitation and Parole, shall
appoint a Chief Deputy Warden for Rehabilitation to serve at each ofthe state prisons, and, as
appropriate, at additional Department facilities such as re-entry centers, who shall be known as
the Rehabilitation Warden. The Rehabilitation Warden shall be responsible for implementing
and overseeing rehabilitation programs at each state prison and/or facility and providing data to
the Secretary ofRehabilitation and Parole on the types ofin-custody programs being offered, the
demographics ofprisoners aI/ending the programs, and the effectiveness of and barriers to,
such programs at each prison and/or facility, and any additional data required by the Secretary
ofRehabilitation and Parole and the Parole Reform Oversight and Accountability Board. This
data is to be provided to the Secretary through the Division ofResearch for Recovery and ReEntry Matters no less than once a year. Each Rehabilitation Warden shall be subject to removal
by the Secretmy. If the Secretary removes him or her, the action shall be final.

(b) The Department ofPersonnel Administration shallfix the compensation ofthe Rehabilitation
Wardens at a level equal to that o/the other chiefdeputy wardens in the prison system.
SECTION 30. Section 6126.0 I 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 eachfacility managed by or
contracted by the Department ofCorrections and Rehabilitation. The report shall rank and rate
the prisons andfacilities in terms ofprogram availability relative to need, utilization rates and
pelformance measures, examining both the degree ofsuccess by each prison or facility in
implementing such programs and the degree ofsuccess by prisoner participants. The report shall
use a leller-grade system, and shall make specific recommendations for improvement. A
preliminary report shall be issued no later than October I, 2009. All subsequent annual reports
shall be issued by October I ofeach year.

SECTION 31. Marijuana. Diversion for Persons Under Age 18. 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 ofage or older who possesses not more
than 28.5 grams o(marijuana, other than concentrated cannabis, is guilty ofan infraction and
shall be punished by a fine ofnot more than one hundred dollars ($100). Additionalfees ofany
kind, including assessments, fees, and penalties, shall not exceed the amount ofthe fine imposed.
Every person under 18 years ofage who possesses not more than 28.5 grams ofmarijuana, other
than concentrated cannabis, is guilty ofan irifraction and shall be required to complete a
science-based drug education program certified by the county alcohol and drug program
administrator. E)[eeJ'lt as autherized by law, e\'ery J'lersen whe J'lessesses net mere than 28.5

grants ef marijuaRa, ether thaR eeReeRtrated aBrJlabis, is guill)' ef a misdemeaner and shall be
J'lunished by a fine ef Ret mere than one hlffidred de liars ($!llll): Netwithstanding ether
J'lreYisiens ef law, if sueh J'lersen has beeR J'lre\,iel1sly aen\'iated three or mere times ef an effense
deseribed iRthis subdivisioR duriRg the twe year J'leried immediately J'lreeeding the date ef
eemmissien ef the YielatieRte be eharged, ths J'lrs\,iel1s aonYietieRs shall alse be eharged in the
aeel1satery J'lleading and, iffelffid te be trl1e by thejl1ry l1J'leR ajl1fy trial er b)' the eellfll1J'len a
eel1rt trial er if admitted by the J'lerseR, the J'lrevisiens ef Seetiens Illllll.1 and 1llllll.2 ef the Penal
Cede shall be aJ'lJ'llieable to him, and the eel1rt shall di'leFt aRd refer him fer edl1eatien, treatment,
er rehabilitation, withel1t a eel1rt hearing er determinatien er the eORel1frenee ef the distriet
atterne)', te an aJ'lJ'lreJ'lriate eemml1Aity J'lregram ',,,,hiah will aeeeJ'lt him. If the J'lersen is se
diverted and referred he shall net be sl1bjeet te ths fine sJ'leeified in this sl1bdiYisieR. Ifne
eemIHI1Rity J'lregrarB will aeeeJ'lt him, the J'lsrsen shall be sl1bjeetto the fine sJ'leeified in this
sl1bdiYision. In any ease in whieh a J'lerson is arrested fer a violation efthis sl1bdh'ision and dees
not demand to be taken l3efere a magistrate, sl1eh J'lerson shalll3s released l3y the arresting effieer
l1J'lon J'lresentation ef satisfaetery evidenee ef identity and giving his wrillen J'lremise to aJ'lJ'lear in
eeurt, as J'lrevided in SeatieR 853.6 ef the Penal Cede, and shall Ret l3e subjeeted te l3eeking.

(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 imprisonment.
(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 calmabis, 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 I through 12 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:
(I) A fine of not more than two hundred fifly dollars ($250), upon a finding that a first offense
has been committed7, and required completion ofa 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 ajuvenile 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.

(f) 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) ofHealth and Safety Code
Section 11999.6.2.
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 adult felons who qualify for Track JlJ treatment diversion
programs ajier July 1, 2009, shall be enrolled in those programs. and that all drug courts
working with defendants who qualify for Track JlJ shall be controlled and governed by the Track
JlJ 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 eligible for Track JlJ, shall be transferred to Track JlJ programs.

W(c) This article shall be administered by the State Department of Alcohol and Drug Programs.
with all regulations related to programs for adult felons enrolled in Track III treatment diversion
programs being subject to review and approval by the Oversight Commission, as described in
Section 11999.5.2.

43

W(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 11970, 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 Programs for Adult Felons
Section 11970.2.1 is hereby added to the Health and Safety Code to read:
//970,2./ Notwithstanding the provisions ofsubdivision (d) ofSection 11970.2, evaluation ofall
programs for adult felons provided pursuant to Sections 11970.1 through //970. 35, inclusive,
shall be integrated with the program evaluations required pursuant to Section 11999.10. The
Department ofAlcohol 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 /999 to separately assess the effectiveness
ofprograms 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 Legislatllre People that all programs for adult felons who
qualifY for Track 1JJ treatment diversion, including those programs which may have functioned
before enactment ofPenal Code Section 1210.2, shall, beginning July I, 2009, tHis ehaJ3ter be
funded principally by the annual appropriation/or Track III diversion programs described in
subdivision (c) ofSection I /999.6 ofthe Health and Safety Code, with all other programsfor
persons who do not qualify/or Track JlI treatment diversion to befimded by !Ill appropriations in
the annual Budget Act.
(b) Up to 5 percent of the amount appropriated by the annual Budget Actfor programs
authorized in this section, and not serving adult felons who qualifY for Track 1JJ 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:
11999.30. (a) The people find that it is duplicative and unnecessary to maintain separate funding
streams for the same group ofdrug offenders eligible for treatment, This section is hereby
repealed, effective July I, 2009, Anyfunds 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, 2010, shall be transferred to the county'sjimdfor youth
programs established pursuant to subdivision (b) ofHealth and Safety Code Section 11999.6.2.
Tkis division shall ae known as the SHastanee AaHse Offender Treatment Program. YHnds
distriauted under this di\'ision skall ae Hsed to serve offendefs who EjHalify for serviees Hnder the
SHastanee AaHse and Grime Prevention Aet of2QQQ, ineluding any amendments thereto.
Irnplementation of this division is sHejeetto an appropriation in the annHaI BHdget Ael.
(a) The department skall distriaHte ftlAds for the SHastanee AaHse Offender Treatment Program
to eOHnties that demonstrate eligiaili~' for tke program, inelHding a eemmitment of eoHilty
general flmds or fHllds from a sOllfee other than the state, whieh demollstrates eligiaility for the
program. The department shall estaalish a methodology for alloeatillg funds Hnder the program,
aased on tke following faetors:
(I) The pereentage of offenders ordered to drng treatment that aetHally aegill treatmenl.
(2) The pereentage of offenders ordered to treatment that eompleted the preseriaed eOHrse of
treatmenl.
(3) AllY other faetor determined ay the departmenl.
(e) The distriaHtion of funds far this program to eaeh eligiale eoHilty shall ae at a ratio of nine
dollars ($9) for e'..ery one dollar ($1) of eligiale eOHnt)' matehing fullds.
(d) GOHlll)' eligiaili~' for fHnds Hilder this diYision shall ae determilled ay the department
aeeording to speeified eriteria, inelHding, aHt not limited to, all of the followillg:
(I) The estaalishment and mailltenanee of dedieated eOHrt ealendars with regHlarly sehedHled
re\'ie',>,'s of treatment progress for persons ordered to drHg treatment.(2) The e)(istenee or estaalishment of a drHg eOHrt, or a similar approaeh, alld willingness to
aeeept defendants who are likely to ae eommitted to state prison.
(3) The estaalishment alld maintenanee of protoeols for the Hse of drHg testing to monitor
offenders' progress in treatmenl.
(4) The estaalishment and mailltellanee of protoeo15 for assessing offenders' treatment needs and
the plaeement of offenders at the appropriate level of treatmenl.
(5) The estaalishment and maintellanee of protoeols for effeetiYe sHperYisioll of offenders on
proaation,
(6) The estaalishment and maintenanee of protoeols for enhaneing the o\'erall effeetiveness of
serviees to eligte~elees-,
(e) The deparllHent, in its diseretion, ma)' limit administrati'ie eosts ill determining the WHOlint of
eligiale eOHllty matek, and may limit the ellpendillife of funds proYided HIlder this division for
administrati'ie eosts, The department may also reEjHire a limitation Oil the ellpellditHre of funds
provided Hnder this diYision for sePiiees other thall direet treatment eosts, as a eonditioll of
reeeipt of program fHllds.
(I) To reeeive fullds Hilder this diyision, a eOHn~' shall sHamit all applieation to the department
doeHmenting all of tke following:
(I) The eOHnt)"S eommitment of funds, as reEjHired ay sHadiYision (a),
(2) The eOHnty's eligiaili~', as determined ay the eriteria set forth ill sHadiYision (d),
(3) The eOHnty's plan Wid eommitmentto Htiliile the funds for the pHFJ'loses of the program,
whieh ma)' inelHde, aHt are not limited to, all of the following:
(A) 6n!laneing treatment seF\'iees for offenders assessed to need them, inelHding residential
treatment and nareotie replaeement therapy.

45

(B) IAereasiAg the flroflortioA of sellteReed offellders ,....ho eAter, remaill ill, aAd eomfllete
treatmelll, tllro\lgh aeli\'ilies and aflflroaehes s\leh as eoloeatioll of sen'iees, eAflliAeed S\lfler'lisioA
of offeAders, liAd enflliAeed sen'iees determiAed Aeeessary tllro\lgll lI1e \lse of dr\lg test res\llts.
(C) Red\leiAg delays iA tile a,,'ailaeility ofaflflroflriate treallfleRt serviees.
(D) Use of a dr\lg eO\lrt or siRlilar model, iRel\ldiRg dedieated eoW'! ealeRdars with reg\llarly
sehed\lled re'/iews of treatmeAt flrogress, aRd slfORg eollaeoratioR ey the eO\lrts, flrOealioR, aRd
treatmeRI.
(E) De'lelofliRg lfeatmeRt sen'iees that are Reeded e\lt Rot a\'ailaele.
(1') Other aeti,"ities, aflflroaehes, liAd serviees aflflro'led ey lI1e deflarllfleRt, after eORs\lltatioR '.¥ith
stakeholders.
(g) Tile deflaRRleRt shall a\ldit eO\lRty elffleRdit\lres ef timds distrie\lted fl\lrs\laRt to this dh'isioR.
EllfleRditures Rot Rlade iR aeeordaRee with this di'lisioll shall ee reflaid to the state.
(h) The deflartmeRt sllall eaRS\l1t with stalfeholders liAd reflort d\lriRg lifdl\lal e\ldget heariRgs OR
additioRal reeommeRdatioRs for imflro¥emeRt offlrograms liAd serviees, a1loeatioR liAd f'lmdiRg
meehaRisms, iRel\ldiAg, e\lt ROt limited to, eomfletiti'le aflflroaehes, flerfofFAliAee eased
alloeations, aRd sO\lrees of data for meas\lremenl.
(i) (I) For tile 2GGa G7 aRd 2GG7 G8 tiseal years, the deflartmeRt may ilflfllemeRt lI1is dh'isioR ey
all eO\lAty letters or other similar iRstrnetioRs, liAd Reed ROt eomflly ,.'1ill1 lI1e rnlelflaldng
refj\lirelfleRts ofChaflter 3.5 (eoFAflleReiRg will1 SeetioR 1134G) of Part I of Di\'isioA 3 of Title 2
of the GO'leFfllfleRt Code. CommeReiRg ,....ith the 2GG8 G9 tiseal year, the deflartmeRt may
imfllemeRt lI1is seetioA ey emergeRey reg\llations, adoflted fl\lrs\laRtto flaragraflh (2).
(2) Reg\llatioRs adoflted ey the deflartmeRt fl\lrs\laAtto tllis di¥isioR shall ee adoflted as
emergeRey reg\llatioRs iA aeeordaRee ,....ith Chaflter 3.5 (eomflleReiRg ,,,,'ill1 SeetioR 1134G) of Part
I of Di'lisioR 3 of Title 2 of lI1e Go'/eFAFAeRt Code, aAd for the fl\lFfloses of lI1at ellafller,
iRel\ldiAg SeetioR 11349.a of the GO'leFAmeRt Code, the adofltioR of these reg\llatioAs is aA
elflergeRey and sllall ee eORsidered ey tfle Offiee of AdRliRistrati¥e Law as Reeessary for tile
immediale flresen'atioR of tile fl\lelie fleaee, health aRd safoty, liAd geReral welfare.
}lotwithstliAdiRg Chaflter 3.5 (eolflmeneiRg will1 SeetioR 113 4G) of Part I of Di,.'isioR 3 of Title 2
of tile GO'leffiflleRt Code, iRol\ldiRg s\ledi\'isioR (e) of SeetioR 113 4a.1 of the Go¥eFAFAeRt Code,
liAy emergeRey reg\llatioRs adoflted fl\lrs\lliAtto this di'/isioR shall ee tiled with, e\lt ROt ee
reflealed ey. tile Omee of AdmiAistrati\'e Law aAd sllall remaiR iR effeet \lRtil re'lised ey the
deflarlllleRI. NothiRg iR tllis flaragraflh shall ee interflreted to flrohieit the deflartmeRt from
adofltiRg S\leSefj\leRtliFAeRdmeRtS OR a RORemergeRey easis ar as emergeney reg\llatioRs iR
aeeordliAee witllthe stliAdards set forth iR SeetioR 1134 a.1 of tile GO\'eFfllfleRt Code.

SECTIO 36. Section 11999.5 of the Health & Safety Code is hereby amended to read:
11999.5. Funding Appropriation
UflOR flassage of tllis aet, $aG,GGG,GGG shall ee eORtiR\lO\lsl)' aflflroflriated from tile GeReral F\lAd
to the S\leSlliAee Ae\lse TrealfAeRt Tmst F\lRd for the 2GGG GI Aseal year. There is lleree)'
eORtiR\loflsly aflflFOflriated frOlfl the GeReral F\lnd to lI1e S\leStaRee Ae\lse TreatlfleRt Tr\lst F\lAd
all addilioRal $12G,GGG,GGG for the 2GG I G2 tiseal year, aRd aR additional S\lffi of $12G,GGG,GGG
for eaell sueh S\leSefj\leRt Aseal year eORel\ldiRg witlltlle 2GG5 Ga Aseal year. These fuAds sllall
ee trliAsforred to tile S\lestliAee Ae\lse TrealfAeRt Tmst F\lAd on )\11)' I ofeaell ofll1ese sfleeiAed
Aseal years.

46

(a) There is hereby appropriatedpom the General Fund to the Substance Abuse Treatment Trust
Fund the amount of$150,000,000 jar the period from January 1, 2009, until June 30, 2009, and
the amount of$460,000,000 annually for each full jiscal year thereafter, commencing with jiscal
year 2009-10, with annual adjustments for price inflation, and adjustments once every jive years
for changes in the state population, as specified in subdivision (c).
(b) The Department ofFinance shall annually, in the month ofMay, calculate and publicly
announce the adjustedfunding level for each upcoming jiscal year. The Controller shall transfer
funds in the amount calculated by the Department ofFinance from the General Fund to the
Substance Abuse Treatment Trust Fund on thejirst day ofeachjiscal year.

(c) The Department ofFinance shall calculate annual funding levels by making an annual
adjustment to the baselinejigure appropriatedfor jiscal 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 jive years, to account for changes in the state population during the previous jive years,
with the jirst such adjustment to be made for jiscal 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 Us. Department ofCommerce, Bureau of
Economic Analysis, or a comparable tool published by a similar or successor agency ifthat data
source is unavailable, and shall be based upon the last data point available before the start of
the jiscal 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 11999.5.1 is hereby added to the Health & Safety Code to read:

11999.5.1. State and local agency oversight. "Department" refers to the California Department
ofAlcohol and Drug Programs when used in the context ofTrack 1, Track Il, Track Ill, and
youth programs, unless otherwise stated, and is designated the agency responsible for
distribution ofall 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 ofAlcohol and Drug Programs, ofthe programs and policies
related to Track 1, Track Il, Track Ill, 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, andfunded pursuant
to Health and Safety Code Sections 11999.4 to 11999.14, inclusive, shall not take efJectwithoUl
approval by the Oversight Commission. The Commission shall have the powers and
responsibilities specified in subparagraph (b) for regulatDlY and fiscal mailers. Regulations
subject to Board approval shall not be subject to the Administrative Procedures Act 01' to review
and approval by the Office ofAdministrative Law.

(b) The Oversight Commission shall do the following:
(I) 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 offunds providedfor Track 1, Track 1I, Track 1Il, and youth
programs;
(B) a distribution formula for funding provided pursuant to Section 11999.6. The commission
may approve aformulafor distribution offundingfor youth programs that differs substantially
from the formula for fundingfor adults;

(C) any regulation placing contingencies on up to 10 percent ofa county's allocation, as
provided in subdivision (d) ofSection 11999.6;
(D) regulations pertaining to counties' use offimding 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 offundsfor youth programs, including the establishment of
guidelines by the Oversight Commission to define target populations ofyouth under the age of
18 who are nonviolent and at risk ofcommitting future drug offenses;
(F) any cOllnt)' 's request to appoint, as lead agenc), responsihle for distrihution ofmonies
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 ofstudies 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 demandfor drug treatment services,
including opioid agonist treatment, is not adequately met by existing programs;
(J) the ann.ual 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
submilled, and any limits on the amounts ofmoney 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 ofoverdose awareness and prevention materials and
strategies in county jails, and the provision oftraining on harm reduction practices and the
implementation ofharm reduction therapy and services;
(M) all county plans, after review by the Department;
(N) any petition by a county with a population ofless than 100,000 to be exemptfrom
regulations regarding treatment and non-treatment costs. Any such approval shall be validfor
four years;
(0) any corrective action proposed in lieu ofrepayment by a county found not to have spent
jitnds in accordance with the requirements ofthis Act;
(P) the range ofdata to be collected on each county annual report form;
(Q) the range ofdata to be required to be collected by courts regarding defendants 'failure to
begin treatment within 30 days, as provided by subdivision (j) ofSection 1210. 03, paragraph I
ofsubdivision (h) ofSection 1210.1 and subdivision (f) ofSection 1210.2 ;
(R) the issues and range ofdata 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 I, Track 11, Track lll, and youth
programs;
(3) Require counties to provide data related to Track 1, Track 11, Track lll, and youth programs;
(4) Develop oversight and enforcement mechanisms to ensure the provision ofopioid agonist
treatment consistent with this Act;
(5) Develop and approve, in consultation with the Department ofAlcohol and Drug Programs,
the program and agenda, invitation list and budget for 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.

49

(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 ofthe Assembly, of which at least one shall be a physician specializing in addiction,
and at least one person shall be a provider specializing in treatment ofyouth under the age of
18, and with two such appointments made by the President ofthe Senate, ofwhich one person
shall be a member of a statewide association oftreatment providers; Two mental health service
providers who work in programs providing services to persons with a dual diagnosis ofmental
illness and substance abuse, ofwhich 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
ofthe Senate; Two drug treatment program counselors, including one who is a member ofa
statewide association ofcounselors, 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 of2000, or Track 1 or Track JJ ofthis Act, appointed by the
Governor; Two criminal defense al/orneys, including one public defender and one al/orney in
private defense practice, with both appointments made by the Speaker ofthe Assembly; Two
public policy researchers from public or private universities in California, with both
appointments made by the President ofthe Senate; Two members oforganizations concerned
with civil rights, drug laws and/or drug policies, to be appointed by the President ofthe Senate;
Three law enforcement professionals and/or members ofthe judiciary, who must each be in .
active service or retiredfrom active service, to be appointed by the Governor and confirmed by
the Senate.
(d) On July 1,2011, the terms ofthe following members shall expire: the two treatment provider
representatives appointed by the Speaker, one treatment provider representative appointed by
the President ofthe Senate, one public policy researcher, one criminal defense aI/arney, one
representative oflaw 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 drug policies,
one representative ofthe probation department, executives or officers, and the former
participant in a treatment program. On July 1, 20 J2, the terms ofthe following members shall
expire: one treatment provider representative appointed by the Speaker and one treatment
provider representative appointed by the President ofthe Senate, one drug treatment program
counselor, one mental health service provider, one county alcohol and drug program
administrator, one representative ofthe probation department, executives or officers, one
criminal defense al/orney, one person representing organizations concerned with civil rights,
drug laws and/or drug policies, one public policy researcher, and two representatives oflaw
enforcement or the judiciary. For appointments made to the first commission to be empanelled
by no later than July J, 2009, the Speaker, the President ofthe Senate and the Governor shall
indicate on which ofthe specified dates each term ofeach individual representative appointed by
them shall expire when there is more than one possible date ofexpiration for that category of
appointment. Successor members shall be appointed in the same manner, and hold office for
terms offour years, each term to commence on the expiration date ofthe predecessor. Any
appointment of a vacancy that occurs for any reason other than the expiration ofthe term shall
be for the remainder ofthe unexpired term. Members are eligible for reappointment.

50

(f) Members ofthe Oversight Commission other than government employees shall receive a pel'
diem to be determined by the Director ofthe Department, but not less than the usual pel' diem
rate allowed to Department employees during travel out ofstate. All members shall be
reimbursed by the Department offor all necessary expenses oftravel actually incurred aI/ending
meetings ofthe Board and in the performance oftheir duties. All expenses shall be paid by the
Department, and the Department shall also provide stafffor the Board sujJicientto support and
facilitate its operations. For purposes ofcompensation, allendance at meetings ofthe
Commission by a state 01' local government employee shall be deemed performance ofthe duties
ofhis state 01' 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 be
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 I, Track II
and Track III as provided in this !let 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 andfrom 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 Iffl6ef this !let 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, atller tllaa except for drug
testing services of any kind in youth programs or for defendants participating in Track I 01'
Track II. The Department may use funds appropriated by this Act to prepare and present an
annual calculation ofthe needfor fundingfor drug testing services. Incarceration costs calmot
be reimbursed from the fund.
Those moneys shall he allocated to counties through a fair and equitable distribution formula
established by the Oversight Commission. tllat iaeludes, aut is aatlimited ta, per eapila arresls
fer eaalralled suastaaee passessiaa \'ialaliaas aad suastaaee aaMSe lreatmeal easelaad, as
determiaed a)' tile departmeat as aeeessary ta earry aMt the pMrpases af this ael. The department
fHlI;' 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 eldstiag other
fund source or mechanism eurreatly used to provide substance abuse treatment, except for grants
awarded pursuant 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 ofcare that cannot be paidfor
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 ofCorrections

51

and Rehabilitation, an individual defendant's contributions, or other funding sources for which
the defendant is eligible. IA assilioA, HIRSS from the 8uBslaAse ABuse Trealmelll Trusl ~UAS

silallilol Be uses to fullS ill allY way the srllg lrealmelll sourIs estaBlishes )3llrSllunt 10 Arlisle 2
(eomillelleillg wilh 8eelioA I 1970.1) or Artie'e 3 (eolllffielleiAg wilh 8eetioll 11970.4) of
Cha)31er 2 of Part 3 of DiYisiell 10.5, illSlusiAg srllg lrealmeAl or )3roBalioA sU)3ervisioA
assosiates with lhose srllg lreallllellt eOllrls.
(b) Prior to calculating the annual allocations for distribution to counties, the Department shall
withholdfunds, in amounts approved by a majority ofthe Oversight Commission,from the
Substance Abuse Treatment Trust Fund sufficient to:
(1) 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 opioid agonist treatment and other
medication-assisted treatments;

(2) provide addiction training programs for persons required to receive such training 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 11999.10.
(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 ofthe Trust
Fund:
(1) Fifteen percent for youth programs, as defined in subdivision (n) ofPenal Code Section
1210.

(2) Fifteen percent for treatment and related costs for Track 1 diversion programs, provided
pursuant to Penal Code Section 1210.03.
(3) Sixty percent for treatment and related costs for Track II diversion programs, provided
pursuant to Penal Code Section 1210.1.
(4) Ten percent for treatment and related costs for Track III diversion programs, provided
pursuant to Penal Code Section 1210.2.
(d) Upon the enactment ofregulations promulgated by the Department and approved by the
Oversight Commission, distribution ofup to 10 percent ofthe allocation to counties for Track 1,
Track II and/or Track III programs may be made contingent upon specific requirements to adopt
best practices, create innovative programs, and/or establish programs for underserved
populations, and may be subject to a county matching requirement. Any regulation making a
portion ofcounty allocations contingent in this manner shall specify the disposition offunds not

52

accessed by countiesfor failure to meet the Jpecific requirements. Absent any such regulations,
the Department shall not place any contingency involving a county matching requirement on the
allocations for Track I, Track II or Track III programs.
(e) Notwithstanding the creation ofTrack III diversion programs in this Act, and the requirement
for 10 percent offundingfrom the Trust Fund to go to such programs, no provision ofthis Act
shall be intelpreted to preclude:
(1) the creation or maintenance ofinnovative programs providing court-supervised treatment to
persons or defendants not eligible for treatment under the terms ofthis Act;
(2) the appropriation, by the Legislature, ofseparate funding for programsfor court-supervised
treatment for persons or defendants not eligible for treatment under the terms ofthis Act; or
(3) the use, by local court-supervised treatment programs, offunds provided by a county, the
federal government or private sources.

SECTION 40. Section 11999.6.1 of the Health & Safety Code is hereby amended to read:
11999.6.1 Payment of Treatment Costs for Parolees
Notwithstanding the provisions ofSection 11999.6, the costs ofdrug 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 ofCorrections and Rehabilitation and not by funds Fom
the Substance Abuse and Treatment Trust Fund.

(a) Jllat\vitllstanaing any atller j3fB\'isian af law, wilen tile aej3artment allaeates funas
aj3j3raj3riatea ta tile SIlBstanee ABllse Treatment Trllst Fllna, it sllall withflala kam any allaeatian
ta a eallnt)' tile amallnt af fllnas j3reviallsly allseatea ta tIlat salillty kam tile fllna that are
j3rajeeteata remaiA lIAeAe_eerea, 1Ij3 ta the amallnt that ',,'aliia atllerwise ee alleeatea ta that
ealiAty. The aej3artmeAt shall alia\'{ a eallAty with llAenelimeerea funas ta retaiA e reserye ef 5
j3ereellt af the amallnt allaeateata that eallAt)' fer the mast reeent fiseal year iA whieh the eallnty
reeei"ea an allaeatiaA fram the flllla withallt a realletian j3l1rsllant ta tIlis slleai"isian.
(e) Ths aSj3artmsAt shall allaeats 75 j3sreent af ths amaliAt witl'llela j311rsllant ta slleai."isiaA (a)
in aeearaanee with Seetien 11999.6 ana any reglilatians aaaj3tsa j3l1rSllBllt ta that seetiall, ellt
taldng inta aeeallnt any amallnt withflela j3l1rSllant ta slleai."isian (a).
(e) Tile aej3artment shall reserve 25 j3ereellt af the amallnt withflela j3l1rSliallt ta slleaiYisiall (a)
lIntil all eSllnties ha"e sllemittea final aeRlal el(j3enaiRlres fer the mast reeeAt !iseal year. The
aej3artment shall theA allaeate the funas reservea ta aajllst fer aeRlal rather thaA j3rajeetea
lInenellmeerea funas, ts the elltent that the amallnt reservea is aae€jllate ta aa sa. Any ealanee af
fuRas Rat reallaeatea j3l1rSliaRt ta this slleaivisiaR shall ee allaeatea iR aeearaaRee with
slleaiYisiaA (e).
(a) If the aej3artment aetermines kam aeRlal el(j3enaiRlres that mare [linas shaliia ha,'e eeen
withflela ksm any eallR\)' than '",,'ere withflela j3l1rSllaflt ta slleai'/isiaR (a), it shall aajllst Blly
aliaeatiaRs j3l1rSliant ta slleai."isian (e) aeearaiflgly, ta the elltent j3assiele, If ane ar mare
eallnties fails ta rej3art aetllal ellj3enaitures in a timely nlBrJler, the aej3artment may, in its

53

aiserelieR, jlreeeea willl Ille ayailable iRfeFFRalieR, aRa may ellehlae aRy Ren:-ejlerliRg eellRly
frem aFlY alleealieRs jlllrsllaFllle litis seelieFl.
(e)lfre¥elUles, fuRas, er elller reeeijllS Ie Ille SlIbslaFlee Abllse TrealFReRI TFIIsl FIIRa are
sllffieiellile ereale aaailiellal alleealieRs Ie eellFllies, tflrellgll reeeRsiaeralieR ef lIF1eRelllFlberea
NRas, allail reeeveries, er eillerwise, Ille Direeler ef FiRBFlee may alltllerize elljleRaitllres fer Ille
aejlaFtmeRI iR elleess ef Ille amellfll ajljlrejlrialea Ile earlier IllaR 3(} aays after Reliliealiell ill
wriliRg ef lIle Reeessily Illerefer is jlreviaea Ie lIle ellaiFjlerseRs ef Ille liseal ee_iltees iR eaell
Ilellse aRa lIle GllaiFjlerseR ef the leillt Legislati\'e 811agel Gemmiltee, er al aFl earlier time Ihat
Ille Gllairjlersell ef Ihe leiRI Legislalive 811aget Gemmiltee, er Ilis er Iler aesigllee, may ill eaell
iRslaRee aelermille.
(D Tile aejlarlmeRI ma)' imjllemeRt Illis seelieR by All Gellflty Leaa
AgeFley letters er eiller similar illslrlletieFls, aRa F1eea ReI eemjlly wilh Ille rlllemalliFlg
reEtlliremeFlts ef Gllajller 3.5 (ee_eFleiFlg with SeetieFl 1134 (}) ef DivisieFl 3 ef Title 2 ef tile
GevemmeFlI Geae.
SECTION 41. Section 11999.6.1 is hereby added to the Health & Safety Code to read:
11999.6.2 County Management ofFunds
(a) County plans. Counties shall submit to the Department and the Oversight Commission their
plansfor implementation and spendingfor programs funded pursuant to this Act at least once
every three years, or more frequently as provided in regulations approved by the Oversigh/
Commission. A county with a population ofless than 100,000 may petition the Oversight
Commission /0 create and submit plans jointly with one or more additional coun/ies.
(b) Segregation ofFunds. Counties receivingfunds pursuant to Section 11999.6 shall establish
three separate trust funds: one for Track 1 and Track II programs, one for Track III programs
and one for yOlllh programs. Counties shall segregate all funds received from the state
appropriately. Notwithstanding these requirements, a county with a population ofless than
100,000 may petition the Oversight Commission for an exemption from these restrictions.

(c) Regula/ion ofTreatment and Non-Treatmen/ Costs. Counties shall spend a minimum of80
percen/ of/he funds provided pursuan/to Sec/ion 11999.6 for Track 1 and Track ll/rea/men/
diversion programs on /he delivery oftrea/men/ and support services, with up to 20 percen/
allowable for non-/rea/ment cos/s including proba/ion depar/ment cos/s, court monitoring cos/s,
and o/her cos/s made necessary by /his Ac/. The Oversight Commission shall approve
regula/ions to categorize cos/s as /rea/men/ cos/s or non-/rea/ment costs, to specifY allowable
percentages ofnon-/reatment costsfor Track III programs and to describe permissible uses of
funds providedfor yOlllh programs. Notwithstanding these requirements, a county with a
population ofless than 100,000 may petition the Oversight Commission for an exemption from
these restrictions.
(d) Excess Funds. YOlllh Treatment. For fiscal years 2008-09, 2009-10, 2010-ll and 20ll-12, a
county may retain unspent funds receivedfrom 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
nor been spent for Iheir aUlhorized pU/pose within Ihree years shall be transferred 10 the
county's fimd for youlh programs.
(e) Local Research. A county may use a portion offunds provided pursuant to Section 11999.6 to
pay for independent research studies, provided thaI 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 to read:
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
defendanls in Track 1, 11 or III ta ae eerries aHt in the subsequent fiscal years.
SECTION 43. Section 11999.9 of the Health & Safety Code is hereby amended to read:
11999.9. The deparlmenl shall annually publish data regarding the programs conducled
pursuanl to this Act. Publicalion ofannual data shall occur no more than five monlhs after Ihe
end ofIhe fiscal year. The Oversighl Commission shall establish the range ofdala 10 be
published in such annual reports, which shall include all caseload andfiscal data requiredfor
Ihe reports required oflhe Office oflhe Legislative Analyst pursuant to Seclion 11999.9.1. The
reporls may be published electronically. The department shall furnish all data to Ihe Office ofthe
Legislalive Analyst, upon request, as soon as il is practical 10 do so. (a) Tile sellartmeRt sllall
eeRsHet tllree twa year fellawHIl stHsies te e~'aIHate tile effeetiveRess aRsllRaReial imllaet ef ilie
Ilragrallls tilat are fHRseSIlHrSHaRt ta ilie retjHiremellts ef tllis aet, aRS sHamit tllese stHsies te ilie
begislatHre Ila later tllaR JaRHary I, 2QQ9, JaRHary I, 2Q II, aRs JaRHary I, 2Q 13, reslleeti'"ely.
Tile e~'aIHatiaR stHsies sllall iRelHse, aHt Rat ae limites te, a StHSy ef ilia imlllameRtatieR Ilreeess,
a ra'"iew ef lewer iReareeratieRs eests, resHatieRs iR erime, resHeesllriseR aRs jail eeRstmetieR,
reduces welfare cests. tile asetjHaey ef fllRss allllFBllriates, aRs etller imllacts er issHes tile
sallartmeRt eaR iseRtify, iR assitieR te all ef ilie fellewiRg:
(I) CrimiRal jHstiee meBSHfes eR rearrests, jail aRSllriseR Elays averies, aREi erime keRss.
(2) A elassilleatieR, iR sHmmaf)' feFlll, af rearrests as llaviRg eeeHFfes as a resHlt ef:
(A) A Ilarele \'ielatiaR.
(B) A llara1a reveeatieR.
(C) A IlraaatiaR yialatiall.
(D) A IlraaatiaR revaeatiaR.
(3) A elassilleatiaR, iR sHmmaF)' feFlll, af ilie sisllasitiaR af erimes eammittes iA teFllls af
wlletller tile llersaR was:
(A) RetaiRes all Ilraaatiall.
(B) SeRtellees ta jail.
(C) SeRleRees la IlrisaA.
(4) TreatmeRt meaSHres aA eamllietiall rales aRS tjHalit), af life iRsieatars, SHeil as aleallal aRS
srHg Hses, emllleymeRI, Ilealtll, maRlalllealili, ailS family aRS saeial sHllllarts.

55

(5) A seJ3llfate eisel1ssiaR af tile infarlflatian eeserieee in J3aragraJ3l1s (I) ta (3), iRell1si\'e, far
affaReers wl1ase J3rilflar)' erl1g afael1se "",as lfletl1alflJ3l1etalfliRe ar wl1a were arrestee far
J3asSeSSiaR ar I1se af lfletl1amJ3hetalfline aRe, ealfllfleneiRg witil tile reJ3art el1e an ar eefare
JaRl1ary I, 2(1(19, the reJ3aFl sl1all iRell1ee a seJ3arate aRalysis af the easts aRe eeRefits af treallfleRl
sJ3eeifie ta tl1ese methalflJ3hetamiRe affaReers.
(e) In aeeiliaR la sll1eies la e\'all1ate tile effaeliYeness aRe finaneial imJ3aet af tile J3ragrams tl1al
Ilfe fl1neee J3l1rsl1antta tile reEjl1irements af tl1is ael, tile eeJ3aFllfleRl sl1a11 J3rael1ee an annl1al reJ3arl
eetailing tile nl1meer aRe el1araeteristies afJ3artieiJ3ants seryee as a resl1ltafthis aet, aRe tIle
relatee easts.
SECTION 44. Section J 1999.9.1 is hereby added to the Health & Safety Code to read:

11999.9.1 Funding Recommendations
In each ofthejiscal years 2010-11, 2012-13 and 2013-14, and periodically thereajier, the Office
ofthe Legislative Analyst shall publish an evaluation ofthe adequacy offunding providedfor
programs pursuant 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 ofthe levels ofservice recommendedfor 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
thejiscal condition ofthe state and ofthe 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 ofthe fund's total moneys injiscal
years 2009-10 through 2014-15, and up to Q+2 percent of the fund's total moneys each year in
subsequent jiscal years, for studies to be conducted by fWo public universities in California, one
in the northern'halfofthe state and one in the sOllthern halfof rhe state, aimed ar evaillating the
effectiveness andjinancial impact of Track 1, Track II 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 ofa cost-benejit analysis
ofstate 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
ofdrug 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 oflocal and state drug enforcement offiCials, and (c) the collateral
consequences ofdrug laws, policies and enforcement.
The Oversight Commission may order studies ofspecific additional issues by a majority vote. ttl

fune tRe easts aftRe stueies reEjl1iree in Seelian 11999.9 ey a J3l1elie ar J3ri'/ate I1fliYersity.
56

SECTION 46. Section 11999.11 of the Health & Safety Code is hereby amended to read:
11999.11. County Reports
Counties 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 ac~ 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 tile dellartRlent. The form shall require
counties to report the amount ofmoney spent for drug treatment services and testing for
defendants participating in Track 111 programs, and shall require counties to provide data
regarding the adequacy offimding. The department shall establish a deadline by which the
counties shall submit their reports. The Department shall promptly provide the reports in
electronic form for public consumption, provided that the Department shall redact any
information ofwhich 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 funds 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 ofthe Oversight Commission, +hethe department may require a
corrective action by the county in the place of repayment, as determined by the dellartment.
SECTION 48. Section 11999.13 of the Health & Safety Code is hereby amended to read:
11999.13 eneess Funds Treatment Diversity
At tile end of eaell fiseal year, a eounty rnay retain uflsllent funds reeeived froRl tile Substanee
Abuse Treatment Trust FUfld Ofld rnay sllend tllose fUflds, if allllrOyed by tile dellartRlent, on drug
IFeatRlentllFOgraRlS tilat furtller tile IlUflloses of tllis Ast. The Department shall promulgate
regulations, with approval by a majority ofthe Oversight Commission, that require county plans
to address the provision ofculturally 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 county 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 all inmates prior to their release. The materials and strategies shall be developed
by each county's Department ofAlcohol and Drug Programs in consultation with physicians
specializing in addiclion and practitioners specializing in harm reduclion and must be designed
and disseminated in a manner calculaled to mosl effeclively reach Ihe jail's inmate populations
and shall be described in Ihe county plans. The Siale Deparlment ofAlcohol and Drug

57

Programs shall review /he counly overdose ma/erials and s/ra/egies /01' evidence-based bes/
prac/ices.

SECTION 50. Eligibility for Mental Health Services for Persons Dually Diagnosed and in
Programs Under Treatment Diversion Tracks I, II and Ill.
Section 5600.33 is hereby added to the Welfare and Institutions Code to read:
5600.33 For purposes o/subdivision (b) o/Wel/are and Ins/illl/ions Code Sec/ion 5600.3, adul/s
wilh a serious men/al disorder shall include adul/s who are in drug trea/men/ programs
pursuanl /0 the provisions 0/ Penal Code Sec/ions 1210.01 /0 12 IO. 05, inclusive, and Penal
Code Sections 1210.1 and 1210.2, and who have been diagnosed wilh a men/al illness coinciden/
with a diagnosis 0/ subs/ance abuse or addiclion, and who mee/ the requirements 0/paragraphs
(2) and (3) 0/ subdivision (b) a/Sec/ion 5600.3. Such adul/s shall be considered /0 have a severe
men/al illness and shall be eligible/or services pursuan/ /0 Section 5813.5 utilizing/unds in
accordance wi/h paragraph (5) a/subdivision (a) o/Sec/ion 5892. Fur/hermore, each upda/e 0/
a coun/y 's plan pursuan/ to Sec/ion 5847 shall include provisions documen/ing /he counly's
effor/s /0 serve qualifYing adults in drug /rea/men/ programs pursuanl /0 /he provisions 0/ Penal
Code Sec/ions 1210.01 /0 1210.05, inclusive, and Penal Code Sec/ions 1210.1 and 1210.2, and
who have been diagnosed wilh a men/al illness coinciden/ wilh a diagnosis 0/ subs/ance abuse or
addic/ion. However, no/hing in /his sec/ion shall be cons/rued /0 require paymen/ /01' menial
health services/or parolees/rom /he Menial Heallh 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 /rea/men/ providers, counly alcohol and drug program agencies,
members of/he judiciary, law enforcement agencies, education, social services agencies and
other important interests. A draft plan and updatc 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 3.6 (commencing 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 Part 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 5604.2.
SECTION 52. Repeal of Ballot Referral Provision.

The following uncodified language from Section 9 ofSenate Bill JJ37, Chaptered Bill Text
Chapter 63, passed by the Legislature June 27, 2006, approved by the Governor July J2, 2006,
andfiled with the Secretary ofState July J2, 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 8 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 a majority of voters at the same election, and 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
mcasure 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 extent permitted by law.
SECTION 57. Severability
lfany 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.

60