AB 1360: Hope California: Secured Residential Treatment Pilot Program.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State - Chapter 685, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record.
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception.
This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record.
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception.
This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to expunge set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record.
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception.
This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until January 1, 2026, July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until January 1, 2026, authorize the Counties of Sacramento, San Joaquin, Santa Clara, Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento, San Joaquin, Santa Clara, Sacramento and Yolo.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would, until January 1, 2026, authorize the Counties of Sacramento, San Joaquin, Santa Clara, and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendants crime was caused, in whole or in part, by the defendants SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendants participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.
The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participants request, as specified.
If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to expunge and seal the conviction from the participants record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participants record.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.
This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the courts final judgment, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento, San Joaquin, Santa Clara, and Yolo.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(C)The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
(D)The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in Section 13202.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and biopsychosocial assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and biopsychosocial assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes listed in subdivision (c) of Section 290.
(B)A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before setting aside the conviction and dismissing the accusation or information.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 6.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(C)The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
(D)The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in Section 13202.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and biopsychosocial assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and biopsychosocial assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes listed in subdivision (c) of Section 290.
(B)A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before setting aside the conviction and dismissing the accusation or information.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 6.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(C)The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
(D)The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in Section 13202.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and biopsychosocial assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and biopsychosocial assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes listed in subdivision (c) of Section 290.
(B)A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to expunge set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction. setting aside the conviction and dismissing the accusation or information.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, 186.22a or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, Code or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case or a juvenile delinquency proceeding, including all appeals and postconviction motions, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, if the information is requested in the course of representation.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may perform state and federal criminal history information checks as provided for in subdivision (u). The Department of Justice shall provide a state or federal response to the agency, officer, or official pursuant to subdivision (p).
(11)A city, county, city and county, or district, or an officer or official thereof, if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city, county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing the officers duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal-level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The director of the State Department of State Hospitals, or their designee, for use related to research and evaluation studies described in Section 4046 of the Welfare and Institutions Code, and subject to the limitations described in that section.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal-level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, the Attorney General shall furnish a copy of the data to the person to whom the data relates.
(2)A peace officer of the state other than those included in subdivision (b).
(3)An illegal dumping enforcement officer as defined in subdivision (i) of Section 830.7.
(4)A peace officer of another country.
(5)Public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)A person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)An individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on their own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on their own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal-level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal-level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)A campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)A foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or that did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Every arrest for an offense for which the State Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 1300 of the Financial Code, Code or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 1300 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, 1203.44, or 1203.49. The Commission on Teacher Credentialing, school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with a school district, county office of education, charter school, private school, or state special school for the blind and deaf, shall receive every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49.
(B)Notwithstanding subparagraph (A) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49, shall not be disseminated.
(C)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on their own recognizance pending trial.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(u)(1)If a fingerprint-based criminal history information check is required pursuant to any statute, that check shall be requested from the Department of Justice and shall be applicable to the person identified in the referencing statute. The agency or entity identified in the statute shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of the types of applicants identified in the referencing statute, for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of the state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)If requested, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute.
(3)The Department of Justice shall provide a state- or federal-level response or a fitness determination, as appropriate, to the agency or entity identified in the referencing statute, pursuant to the identified subdivision.
(4)The agency or entity identified in the referencing statute shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2, for persons described in the referencing statute.
(5)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the request described in this subdivision.
SEC. 5.SEC. 6.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and biopsychosocial assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and biopsychosocial assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes listed in subdivision (c) of Section 290.
(B)A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and psychological biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological biopsychosocial assessment and the recommendations of treatment providers. providers that may include an addiction medicine physician.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist. specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and psychological biopsychosocial assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and psychological biopsychosocial assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes listed in subdivision (c) of Section 290.
(B)A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and psychological assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and psychological assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes as defined listed in subdivision (c) of Section 290.
(B)Serious felonies A serious felony as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)Violent felonies A violent felony as defined in subdivision (c) of Section 667.5.
(D)Domestic violence as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k)This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)(A)An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator. evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and psychological assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and psychological assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes as defined in subdivision (c) of Section 290.
(B)Serious felonies as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)Violent felonies as defined in subdivision (c) of Section 667.5.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k)This section shall remain in effect only until January 1, 2026, July 1, 2029, and as of that date is repealed. repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
REVISIONS: HeadingLine 2.The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento, San Joaquin, Santa Clara, Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)An outcomes assessment is completed by an independent evaluator.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and psychological assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and psychological assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes as defined in subdivision (c) of Section 290.
(B)Serious felonies as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)Violent felonies as defined in subdivision (c) of Section 667.5.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility, as defined in Section 1369.1, facility in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento, San Joaquin, Santa Clara, Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
The Legislature finds and declares all of the following:
(a)A significant percentage of people arrested and charged with crimes suffer from substance use disorders (SUDs).
(b)For many individuals suffering from SUDs, residential and professionally conducted evidence-based treatment programs are the best, or at times only, option for getting this population well.
(c)Our efforts in California in treating those who suffer from SUDs, some of whom are suffering from mental health issues or are homeless, have been unsuccessful. Although there have been efforts to treat this population, to date, there has been limited success.
(d)In addition, the cost of incarcerating persons involved in substance-related crimes has increased considerably over the past two decades in the United States.
(e)Substance offenders are the fastest increasing section of inmates in the state prison system across the United States. In 1983, 12 adults entered prison on a drug offense for every 100,000 adults in the population. By 1998, this rate had increased more than sevenfold to 88 per 100,000 adults. Between 1980 and 2002, the number of persons in state prisons for substance offenses increased from 19,000 to 265,000.
(f)The Office of National Drug Control Policy estimated that drug abuse costs were $180 billion in 2002. Drug-related crimes cost $107 billion, and $15.8 billion was spent on drug abuse treatment. Economic costs of untreated substance abuse and annual total societal cost of substance abuse in the United States was approximately $510.8 billion in 1999.
(g)This increase in costs has affected the economic system considerably and should drive society to focus on preventing the escalation of substance-related crimes.
(h)For those who suffer from SUDs and who commit drug-motivated crimes, as an alternative to a jail or prison sentence, they could consent to be diverted to a secured residential treatment facility, where they would receive evidence-based treatment to get them well and give them the opportunity to become healthy, fulfilled, and contributing members of society. One goal of this pilot program is to reduce recidivism.
(i)If the pilot program is established, eligible individuals who could consent to this alternative to sentencing in jail or prison would generally be individuals who suffer from an SUD that is determined to be the driving force behind the crime, and whereby the crime is not a simple drug possession offense, and the individual, but for this voluntary program, would be sentenced to jail or prison as a result of the crime.
SEC. 2.Section 1203.44 is added to the Penal Code, to read:1203.44.(a)The Counties of Sacramento, San Joaquin, Santa Clara, and Yolo may offer a voluntary secured residential treatment pilot program, known as Hope California, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)(A)The program facility is a clinical setting managed and staffed by the countys health and human services agency (HHSA) with oversight provided by the countys probation department.
(B)The program facility shall not be a jail, prison, or other correctional setting.
(C)The program facility shall be secured but shall not include a lockdown setting.
(3)The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)The program is limited to one facility site per county.
(5)The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)The participants treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers.
(11)The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist.
(14)A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a step-down residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendants decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participants personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)An outcomes assessment is completed by an independent evaluator.
(19)The county collects and monitors all of the following data for participants in the program:
(A)The participants demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)The participants criminal history.
(C)The participants risk level, as determined by the risk, needs, and psychological assessment.
(D)The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)The participants outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)The risk, needs, and psychological assessment tool used for the program.
(B)The curriculum used by each program.
(C)The number of participants with a program length other than one year and the alternative program lengths used.
(D)Individual data on the number of participants participating in the program.
(E)Individual data for the items described in paragraph (19).
(F)A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)(1)Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)Sex crimes as defined in subdivision (c) of Section 290.
(B)Serious felonies as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)Violent felonies as defined in subdivision (c) of Section 667.5.
(2)Notwithstanding paragraph (1), a nonviolent drug possession offense specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)(1)At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)The defendants crime was caused in whole or in part by the defendants SUD.
(B)The defendants crime meets the criteria described in subdivision (b).
(C)The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendants participation in the program would be appropriate, and on the report described in subdivision (d).
(2)The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or step-down residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)If, at any time during the individuals participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individuals participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)If, at any time during the individuals participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participants record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participants record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participants successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorneys office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsys Law) are honored before expunging the conviction.
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3.Section 4019 of the Penal Code, as amended by Section 3 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility, as defined in Section 1369.1, in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i)(1)This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(2)Credits earned pursuant to this section for a period of flash incarceration pursuant to Section 1203.35 shall, if the persons probation or mandatory supervision is revoked, count towards the term to be served.
(j)This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
SEC. 4.Section 4019 of the Penal Code, as amended by Section 4 of Chapter 756 of the Statutes of 2022, is amended to read:4019.(a)This section applies in all of the following cases:
(1)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3)When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6)When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7)When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8)When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, or to a county jail treatment facility.
(9)When a prisoner participates in a treatment program pursuant to Section 1203.44.
(b)Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c)For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoners period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d)This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e)A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f)It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g)The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h)The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i) This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j)This section shall become operative on January 1, 2028.
SEC. 5.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento, San Joaquin, Santa Clara, and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State - Chapter 685, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3371.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 2630.). |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (September 1). |
| Aug 21, 2023 | In committee: Referred to APPR suspense file. |
| Aug 14, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 9, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 13, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jul 5, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. |
| Jun 27, 2023 | In committee: Hearing postponed by committee. |
| Jun 20, 2023 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 0.) (June 20). Re-referred to Com. on HEALTH. |
| Jun 13, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| Jun 7, 2023 | Referred to Coms. on PUB S. and HEALTH. |
| May 26, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1777.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 18, 2023 | Coauthors revised. |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2023 | Re-referred to Com. on APPR. |
| Apr 20, 2023 | Read second time and amended. |
| Apr 19, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18). |
| Apr 12, 2023 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 0.) (April 11). Re-referred to Com. on HEALTH. |
| Mar 29, 2023 | Re-referred to Com. on PUB. S. |
| Mar 28, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 9, 2023 | Referred to Coms. on PUB. S. and HEALTH. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 1360 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB1360 McCarty et al. By Dodd | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 12, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Health |
Passed |
|
| Jun 20, 2023 | Do pass, but first be re-referred to the Committee on [Health] | Senate Standing Committee on Public Safety |
Passed |
|
| May 25, 2023 | AB 1360 McCarty Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
|
| Apr 11, 2023 | Do pass and be re-referred to the Committee on [Health] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Access Support Network | ** Against | |
| Aclu California Action | ** Against | |
| Behavioral Health Directors Association | * Against | Jul 12, 2023 |
| Berkeley NEED | ** Against | |
| Blue Coast Strategies | * Against | Jun 20, 2023 |
| CA Association of Alcohol and Drug Executives, INC | ** Against | |
| California Association of Alcohol and Drug Program Executives | ** Against | |
| California Attorneys For Criminal Justice | ** Against | |
| California Consortium of Addiction Programs and Professionals | ** Against | |
| California District Attorneys Association | ** Support | |
| California Public Defenders Association | ** Against | |
| California Society Of Addiction Medicine | ** Against | |
| California State Association of Psychiatrists | ** Support | |
| California Unions for a Responsible Budget | * Against | Jul 12, 2023 |
| Californians for Safety and Justice | ** Against | |
| Coalition on Homelessness | ** Against | |
| County Behavioral Health Directors Association | * Against | Jun 20, 2023 |
| County Behavioral Health Directors Association of California | ** Against | |
| County of Yolo | ** Support | |
| Disability Rights California | ** Against | |
| Drug Policy Action | * Against | Jul 12, 2023 |
| Drug Policy Alliance | ** Against | |
| Ella Baker Center For Human Rights | ** Against | |
| Greater Sacramento Urban League | ** Support | |
| Harm Reduction Library | ** Against | |
| Health Right 360 | * Against | Jul 12, 2023 |
| HealthRight 360 | ** Against | |
| Initiate Justice | ** Against | |
| LA Defensa | ** Against | |
| League Of California Cities | ** Support | |
| Legal Services for Prisoners with Children | * Against | Jul 12, 2023 |
| Napa County | * Support | Jun 20, 2023 |
| National Harm Reduction Coalition | ** Against | |
| Nielsen Merksamer | * Support | Jul 12, 2023 |
| Sacramento County District Attorney | ** Support | |
| Sacramento Greater Urban League | ** Support | |
| San Francisco Public Defender's Office | * Against | Jun 20, 2023 |
| SEIU California | ** Against | |
| Shaw Yoder Antwih Schmelzer & Lange | * For If Amend | Jun 20, 2023 |
| Sister Warriors Freedom Coalition | ** Against | |
| TEACH | ** Against | |
| The Sidewalk Project | ** Against | |
| Training In Early Abortion For Comprehensive Healthcare | ** Against | |
| transitions clinic network | ** Against | |
| Treatment on Demand Coalition | ** Against | |
| Treatment on Demand Coalition SF | ** Against | |
| VelNonArt Transformative Health | ** Against | |
| Yolo County District Attorney | ** Support | |
| Yolo County District Attorney's Office | * Support | Apr 18, 2023 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1360
Author:(McCarty)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Authorizes the Counties of Sacramento and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of "drug-motivated" felony crimes.
Senate Amendments
- Add a conviction of "domestic violence" and driving under the influence, as specified, to the list of drug-motivated crimes for which an individual is ineligible for the secured residential treatment program.
- Clarify that that the treatment providers that assess and make recommendations about the length and intensity of treatment may include an addiction medicine physician.
- Clarify that the substance use disorder specialist that makes medication assisted treatment and counseling recommendations for a program participant may be a medical doctor or doctor of osteopathy specializing in addiction medicine.
- Provide that an outcomes assessment of a secured residential treatment pilot program shall not be performed or managed by the California Department of Health Care Services but may be performed by a postsecondary institution.
- Provide that an independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as specified.
- Clarify that a conviction of participant who successfully completes the court-ordered program will be set aside and the accusation or information against the participant will be dismissed by the court.
- Make technical changes.
COMMENTS
As Passed in The Assembly: This bill authorized the Counties of Sacramento and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of "drug-motivated" felony crimes.
- Allowed the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as "Hope California", for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes, as specified.
- Required the pilot programs to align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible.
- Authorized the Counties of Sacramento and Yolo to offer the pilot program to eligible individuals if the program meets all of the following conditions:
- The program facility is licensed by the State Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility;
- The program facility is a clinical setting managed and staffed by the county's health and human services agency (HHSA), with oversight provided by the county's probation department;
- The program facility is not in a jail, prison, or other correctional setting;
- The program facility is secured but does not include a lockdown setting;
- The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, must choose and consent to participate in the program in lieu of incarceration;
- The DHCS monitors the program facility to ensure the health, safety, and well-being of program participants;
- The program facility ensures that participants have visitation rights, including through the use of a telephone
- The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment services providers to offer support services;
- The support services include, but are not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- HHSA ensure that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM criteria, be performed for each individual identified as a candidate for the program;
- The participant's treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers;
- The program adopts the Treatment Criteria of ASAM;
- The program may take into consideration evolving best practices in the SUD treatment community;
- The program provides an individualized, medically assisted treatment plan for each resident including, but not limited, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist;
- A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers;
- The participant continues outpatient treatment for a period of time and may also be referred to a "step-down" residential treatment facility after leaving the secured residential treatment facility;
- A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant's decision to choose alternative treatment program is knowing, intelligent, and voluntary;
- The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery;
- If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant's personal health coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment;
- The county collects and monitors all of the following data for participants of the program:
- The participant's demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The participant's criminal history;
- The participant's risk level, as determined by the risk, needs, and psychological assessment;
- The treatment provided to the participant during the program, and if the participant completed that treatment;
- The participant's outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions; and,
- The county reports annually to the DHCS and to the Legislature.
- Stated that eligible drug-motivated crimes include any felony crime except sex crimes requiring sex offender registration, "serious" felonies, or "violent" felonies, as specified, and excluding nonviolent drug possession offenses.
- Required the judge to offer the defendant voluntary participation in the pilot program as an alternative to a jail or prison sentence that the judge would otherwise impose at the time of sentencing or pronouncement of judgment in which sentencing is imposed if the following conditions are met:
- The defendant's crime was caused in whole or in part by the defendant's SUD;
- The defendant's crime was a felony, except for specified sex crimes or serious or violent felonies; and,
- The judge makes their determination based on the recommendation of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant's participation in the program would be appropriate, and on the report on whether to offer the defendant placement in the secured residential treatment program, as specified.
- Stated that the amount of time in the secured residential treatment facility is determined by the recommendations of the treatment providers who conducted the assessment.
- Required that the amount of time, combined with any outpatient treatment or "step-down" residential treatment, does not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime.
- Prohibited the court from placing the defendant on probation for the underlying offense.
- Declared that the defendant is eligible to receive good conduct credits.
- Required the court to order the participant to be transferred out of the secured residential treatment phase of the program prior to the end of the original order and to order the participant to complete the remainder of the original sentence imposed prior to their consent to enter the program if the treatment providers or program administrators make such a recommendation.
- Required the court to order the participant be released prior to the end of the original order if the treatment providers make a recommendation to the court that the participant no longer needs to be in the secured residential treatment program.
- Required the court to expunge and seal the conviction from the participant's record if the participant successfully completes the court-ordered drug treatment program.
- Required the court to expunge the conviction of any previous drug possession or drug use crimes on the participant's record if the participant successfully completes the secured residential treatment program.
According to the Author
"Substance use disorder is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. This voluntary pilot program in four counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety."
Arguments in Support
According to the League of California Cities: "According to the National Institute of Health and the National Institute for Drug Abuse, an estimated 65% percent of the United States prison and jail populations have an active substance use disorder (SUD). Another 20% percent did not meet the official criteria for a SUD, but were under the influence of drugs or alcohol at the time of the crime. Furthermore, economic and societal costs of untreated substance abuse in the U.S. now exceed $700 billion.
"AB 1360 would provide the four counties in consultation with the American Society of Addiction Medicine, county drug treatment providers, and other community stakeholders another treatment option for individuals suffering from SUD that commit repeat felonies due to their addiction. The program is voluntary and includes wrap-around services, and if completed, patients would have their records expunged and sealed.
"Cal Cities supports additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone."
Arguments in Opposition
According to the California Association of Alcohol and Drug Program Executives: "AB 1360 would create a program allowing judges to sentence people convicted of 'drug-motivated crimes' to a secured facility, described as a 'Secured Residential Treatment Program.' It does not describe the conditions of the facility, or describe the qualifications of those who would be responsible for the treatment or security aspects of these facilities.
"We assume that the author and proponents are well-intentioned. However, research strongly suggests that this approach would not be effective or fiscally responsible. Research finds that coerced treatment is much more expensive than voluntary treatment, but has no demonstrable benefit in terms of treatment outcomes when compared to voluntary treatment. Studies also suggest that forced treatment makes individuals less trustful of substance use disorder (SUD) treatment, and therefore less likely to engage SUD treatment or other medical services in the future.
"Ultimately this bill would waste resources that could be better invested in voluntary services in the community. The costs for prosecutors, defense attorneys, judges, bailiffs, court staff, and whatever entity would be responsible for guarding people within the secure facility would likely take the lion's share of any funding allocated to this program- -funding that should be going to community based treatment providers. Further, AB 1360 might actually increase the length of time people are under supervision of courts, or in jail, because people who do not complete treatment in the secured facility could be resentenced to incarceration.
"Instead of establishing an expensive, ineffective and potentially harmful coerced treatment program, we recommend that state and local funds prioritize expanding access to evidence-based, voluntary substance use disorder treatment and harm reduction services, permanent supportive housing, and access to other health and social services."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Unknown ongoing cost pressures through 2028-29, likely in the millions, to fund the pilot programs in Sacramento and Yolo County (General Fund).
- Ongoing annual costs through 2028-29 to the Department of Health Care Services (DHCS) for additional staff to develop and implement new regulations, conduct onsite complaint investigations, and to monitor facilities for compliance (General Fund).
VOTES:
ASM PUBLIC SAFETY: 7-0-1
YES: Alanis, Bonta, Jackson, Lackey, Ortega, Santiago, Zbur
ABS, ABST OR NV: Jones-Sawyer
ASM HEALTH: 15-0-0
YES: Wood, Waldron, Aguiar-Curry, Arambula, Boerner Horvath, Wendy Carrillo, Flora, Vince Fong, Maienschein, McCarty, Joe Patterson, Rodriguez, Santiago, Villapudua, Weber
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 72-0-8
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Aguiar-Curry, Calderon, Essayli, Flora, Hart, Kalra, Mathis, Papan
UPDATED
VERSION: September 1, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0001802
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1360 |
THIRD READING
Bill No: AB 1360
Author: McCarty (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/20/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE HEALTH COMMITTEE: 11-0, 7/12/23
AYES: Eggman, Nguyen, Glazer, Gonzalez, Hurtado, Limón, Menjivar, Roth, Rubio, Wahab, Wiener
NO VOTE RECORDED: Grove
SENATE APPROPRIATIONS COMMITTEE: 5-0, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
ASSEMBLY FLOOR: 72-0, 5/25/23 - See last page for vote
SUBJECT: Hope California: Secured Residential Treatment Pilot Program
SOURCE: Yolo County District Attorney
DIGEST:
This bill authorizes the Counties of Sacramento and Yolo to establish a secured residential treatment pilot program for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony offenses, as specified.
ANALYSIS:
Existing law:
- Authorizes diversion programs for specified crimes (Pen. Code, §§ 1000 et seq. for drug abuse; Pen. Code, § 1001.12 et seq. for child abuse; Pen. Code, §§ 1001.70 et seq. for contributing to the delinquency of another, Pen. Code, §§ 1001.60 et seq. for writing bad checks) and for specific types of offenders (Pen. Code, §§ 1001.80 et seq. for veterans; Pen. Code, §§ 1001.35 et seq. for persons with mental disorders).
- Establishes the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. (Welf. & Inst. Code § 5920 et seq.)
- Provides that an individual qualifies for the CARE process only if all of the following criteria are met:
- The person is 18 years of age or older;
- The person is currently experiencing a severe mental illness, as specified, and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined;
- The person is not clinically stabilized in on-going voluntary treatment;
- At least one of the following is true:
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined.
- Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability; and,
- It is likely that the person will benefit from participation in a CARE plan or CARE agreement. (Welf. & Inst. Code, § 5972, subds. (a)-(f).)
- Defines “CARE agreement” as a voluntary settlement agreement entered into by the parties, including the same elements as a CARE plan to support an individual in accessing community-based services and supports. (Welf. & Inst. Code, § 5971, subd. (a).)
- Defines “CARE plan” as an individualized, appropriate range of community-based services and supports, which include clinically appropriate behavioral health care and stabilization medications, housing, and other supportive services. (Welf. & Inst. Code, § 5971, subd. (b).)
- Identifies the persons who may file a petition to initiate the CARE process, including, among others, a person with whom the respondent resides, the spouse or parent or other caregiver of the respondent, a first responder who has repeated interactions with the respondent, the director of a county behavior health agency in which the respondent resides or is found, or the respondent themselves. (Welf. & Inst. Code, § 5974.)
- Establishes the process by which a petition can be filed with the court and a hearing can be held to determine whether the respondent should be required to engage in behavioral health treatment, as specified. (Welf. & Inst. Code, § 5975 et seq.)
This bill:
- Authorizes the Counties of Sacramento and Yolo to offer a voluntary secured residential treatment pilot program, known as “Hope California” for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in the provisions of this bill.
- States that the Counties of Sacramento and Yolo may offer the pilot program to eligible individuals if the program meets specified conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.
- Specifies that the outcomes assessment required by this bill shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
- Authorizes the independent evaluator to be provided with criminal offender record information, if necessary for the completion of the outcomes assessment.
- Provides that an eligible drug-motivated crime shall include any felony other than the following:
- Sex crimes, as defined;
- “Serious” felonies, as defined;
- “Violent” felonies, as defined;
- A “nonviolent drug possession offense” as defined;
- Domestic violence offenses, as specified; and,
- Driving under the influence offenses, as specified.
- Requires the judge, at the time of sentencing or pronouncement of judgment in which sentencing is imposed, to offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions in this bill, and if all of the following conditions are met:
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- The defendant’s crime meets the specified criteria;
- The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the required report.
- States that amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense.
- Provides that the defendant shall be eligible to receive credits for participation in the program.
- Requires, during the period that an individual is participating in the pilot program, the individual to be on supervision with the probation department.
- Requires a report to be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider. This report is to assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program.
- States that if, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
- Provides that if the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
- States that if, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled.
- States that if the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers’ assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and the program shall provide a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
- Provides that if the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside and the court shall dismiss the accusation or information against the participation. The court shall also have discretion to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record.
- States that a participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
- States that the court shall ensure that the rights of any victim are honored pursuant to existing laws before expunging the conviction.
- Sunsets the secured residential pilot program on July 1, 2029.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Unknown ongoing cost pressures through 2028-29, likely in the millions, to fund the pilot programs in Sacramento and Yolo County (General Fund).
- Ongoing annual costs through 2028-29 to the Department of Health Care Services (DHCS) for additional staff to develop and implement new regulations, conduct onsite complaint investigations, and to monitor facilities for compliance (General Fund).
SUPPORT: (Verified 9/1/23)
Yolo County District Attorney (source)
California District Attorneys Association
California State Association of Psychiatrists
County of Yolo
Greater Sacramento Urban League
League of California Cities
Sacramento County District Attorney
Sacramento Greater Urban League
OPPOSITION: (Verified 9/1/23)
Access Support Network
ACLU California Action
Berkeley Need
California Association of Alcohol and Drug Program Executives
California Attorneys for Criminal Justice
California Consortium of Addiction Programs and Professionals
California Public Defenders Association
California Society of Addiction Medicine
Californians for Safety and Justice
Coalition on Homelessness
County Behavioral Health Directors Association of California
Disability Rights California
Drug Policy Alliance
Ella Baker Center for Human Rights
Harm Reduction Library
Healthright 360
Initiate Justice
La Defensa
National Harm Reduction Coalition
SEIU California
Sister Warriors Freedom Coalition
The Sidewalk Project
Training in Early Abortion for Comprehensive Healthcare
Transitions Clinic Network
Treatment on Demand Coalition
Velnonart Transformative Health
ARGUMENTS IN SUPPORT: According to the Sacramento County District Attorney:
It is undeniable that the intersection of criminal justice and substance use disorders is impacting public safety and it is time to take meaningful action. Low level offenders often find themselves in the revolving door of criminal justice system because their underlying issue is not addressed. This bill would address the root issue of criminal conduct. By providing secure residential treatment, not only is the public protected from further crime, but the offender is receiving desperately needed assistance. This bill takes a well-rounded view of the offender to ensure vital components of recovery are addressed. Successful treatment would lead to lower incarceration rates, lower recidivism rates, and increase public safety. For far too long the criminal justice system has been engaged in status quo prosecution, now is the time to try new and innovative programs.
ARGUMENTS IN OPPOSITION: According to the County Behavioral Health Directors Association of California:
AB 1360, like its previous versions, continues to be premised on the flawed notion that involuntary treatment is desirable. Involuntary substance use disorder treatment is neither effective nor ethical. Research demonstrates that offering readily available, evidence-based treatment in the community produces better outcomes than forcing people into treatment against their will. We are disappointed to see this bill return without any significant revisions to address these major concerns.
In 2021, Governor Newsom vetoed AB 1542, stating: “I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for substance use disorder is not the answer. While this pilot would give a person the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants' longterm recovery from their substance use disorder.”
The current version of this legislative effort continues to not address the Governor’s veto message from AB 1542, and in spite of the fact that research, data, and lived experience all show that this pilot project is a step backwards for California from medical treatment to the failed policies of incarceration for drug use. Additionally, locked and coerced SUD treatment has not proven effective, raises the risk of overdose, disproportionately impacts low-income communities of color, and will be costly. Locked SUD treatment cannot be used to draw down federal funding through Medi-Cal, a key funding source for SUD treatment in California.
ASSEMBLY FLOOR: 72-0, 5/25/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Aguiar-Curry, Calderon, Essayli, Flora, Hart, Kalra, Mathis, Papan
Prepared by: Stella Choe / PUB. S. /
9/2/23 16:58:26
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1360 (McCarty) - Hope California: Secured Residential Treatment Pilot Program
Version: August 14, 2023 | Policy Vote: PUB. S. 5 - 0, HEALTH 11 - 0 |
Urgency: No | Mandate: No |
Hearing Date: September 1, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 1360 would authorize the Counties of Sacramento and Yolo to establish a secured residential treatment pilot program for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony offenses, as specified.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- Unknown ongoing cost pressures through 2028-29, likely in the millions, to fund the pilot programs in Sacramento and Yolo County (General Fund).
- Ongoing annual costs through 2028-29 to the Department of Health Care Services (DHCS) for additional staff to develop and implement new regulations, conduct onsite complaint investigations, and to monitor facilities for compliance (General Fund).
Author Amendments:
- Provide that the outcomes assessment of the programs shall not be performed or managed by the DHCS but may be performed by a postsecondary institution.
- Specify that the independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as specified.
- Specify that upon successful completion of the program, the defendant’s conviction shall be set aside, rather than “expunged,” and that the court shall dismiss the accusation or information against the participant.
- Exempt a conviction that has been set aside pursuant to the pilot program from dissemination with summary criminal history information, as specified.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1360 (McCarty) - Hope California: Secured Residential Treatment Pilot Program
Version: July 5, 2023 | Policy Vote: PUB. S. 5 - 0, HEALTH 11 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 1360 would authorize the Counties of Sacramento and Yolo to establish a secured residential treatment pilot program for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony offenses, as specified.
Fiscal Impact:
- Unknown ongoing cost pressures through 2028-29, likely in the millions, to fund the pilot programs in Sacramento and Yolo County (General Fund). See Staff Comments for additional detail.
- Ongoing annual costs of approximately $150,000 through 2028-29 to the Department of Health Care Services (DHCS) for additional staff that would be necessary to develop and implement new regulations, conduct onsite complaint investigations, and to monitor facilities for compliance (General Fund).
Background:
CARE Court: On March 3, 2022, the Governor Gavin Newsom announced a plan to give family-members, county and community-based social services, behavior health provides, or first responders the ability to petition a court to have a person placed into involuntary treatment for up to 24 months. CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It is intended to be a long-term strategy to positively impact the individual in care and the community around them. The plan focuses on people with schizophrenia spectrum and other psychotic disorders, who may also have substance use challenges, and who lack medical decision-making capacity and advances an upstream diversion from more restrictive conservatorships or incarceration.
On September 14, 2022, SB 1338 (Umberg), Chapter 319, Statutes of 2022, was signed and the CARE Act was created. Individuals experiencing severe mental illness with a diagnosis of schizophrenia spectrum and other psychotic disorders qualify for the CARE process. Many people who have a SUD also struggle with mental disorders. The National Institute on Drug Abuse, Common Comorbidities with SUD Research Report (Apr. 2020) reported that indeed, patients with schizophrenia have higher rates of…drug use disorders than the general population.
According to the background information provided by the author, Hope California is meant to compliment the CARE Court model.
Multistate Opioid Settlement: California has joined multiple national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic and anticipates receiving funds from future opioid judgments. The majority of this money will be used for opioid abatement activities. On July 21, 2021, a $26 billion offer to settle was made by opioid manufacturer Janssen Pharmaceuticals (parent company of Johnson & Johnson) and distributors McKesson, AmerisourceBergen, and Cardinal Health to resolve their liabilities in over 3,000 opioid crisis-related lawsuits nationwide. It's estimated that California will receive approximately $2.05 billion from the Janssen and Distributors Settlement Agreements through 2038. According to DHCS, funds received from the California Opioid Settlements are to be distributed as follows:
- 15% allocated to the State of California to use for future opioid remediation activities (California State Fund),
- 70% allocated to Participating Subdivisions to use for opioid remediation activities (Abatement Accounts Fund), and
- 15% allocated to Plaintiff Subdivisions to use for future opioid remediation activities and to reimburse past opioid-related expenses (California Subdivision Fund).
Proposed Law:
- Authorizes the Counties of Sacramento and Yolo to offer a voluntary secured residential treatment pilot program, known as “Hope California” for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in the bill.
- Specifies that the pilot program must meet specified criteria, including that the facility is licensed by the DHCS as an alcoholism or drug abuse recovery or treatment facility, the program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department and monitored by the DHCS, the program adopts the Treatment Criteria of the American Society of Addiction medicine (ASAM), and numerous others.
- Specifies that, to the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement.
- Provides that an eligible drug-motivated crime shall include any felony other than a sex crime, a serious felony, a violent felony, a nonviolent possession offense, a domestic violence offense, or a driving under the influence offense, all as defined by cross-reference in the bill.
- Requires the judge, at the time of sentencing or pronouncement of judgment in which sentencing is imposed, to offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, provided the defendant and the offense meet specified criteria.
- Provides that the amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced.
- Provides that the defendant shall be eligible to receive credits for participation in the program.
- Provides that if at any time the treatment providers or program administrators determine that a defendant’s participation in the program would not be in the best interests of the individual, they may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
- Provides that if the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participant’s record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record.
- Provides that a participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
- Sunsets the pilot program on July 1, 2029.
Related Legislation:
- SB 1338 (Umberg), Chapter 319, Statutes of 2022, enacted the statewide CARE Court program.
- AB 1928 (McCarty), of the 2021-2022 Legislative Session, would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes. AB 1928 was held on suspense in the Assembly Appropriations Committee.
- AB 1542 (McCarty), of the 2021 – 2022 Legislative Session, would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders who have been convicted of drug-motivated felony crimes. The Governor vetoed AB 1542.
- AB 2877 (McCarty), of the 2019 – 2020 Legislative Session, would have required a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance to participate in a drug treatment program as a condition of probation, if probation is imposed. AB 2877 did not receive a hearing in the Assembly Public Safety Committee.
Staff Comments:
AB 1360 provides that substance treatment adminstered as part of the pilot program may be funded through Medi-Cal, to the extent Federal law allows. Federal law prohibits claiming Medicaid funds for healthcare services provided to inmates residing in correctional facilities. There is an exception to this federal prohibition when an inmate receives inpatient services at a medical facility located off the grounds of the correctional facility for an expected stay of more than 24 hours, and the inmate is found to be Medicaid eligible. It is unclear whether a secured residential treatment facility, as envisioned by AB 1360, would qualify as an inpatient medical facility for purposes of medical reimbursement.
AB 1360 further indicates that to the extent treatment is not reimbursable under the Medi-Cal program or through personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement may be used to pay for program treatment, subject to an appropriation by the Legislature. The Opioid Settlements Fund (OSF) was created to receive moneys distributable to the State through settlements with Johnson & Johnson, McKesson, AmerisourceBergen, and Cardinal Health. 100% of the funds in the OSF were appropriated in 2022-23. The 2023-24 budget contains appropriations for nearly all of the funds in the OSF, with a small reserve for economic uncertainties of approximately $50,000. A further complication is the fact that funds derived from the Multistate Opioid Settlement Agreement are to be used for opioid remediation, whereas this bill appears to apply to substance use, generally. Many program participants may experience use disorder via non-opioid drugs such as methamphetamine. To the extent this bill cannot be funded by Medi-Cal, and funding through the OSF is unavailable, it will result in significant General Fund cost pressures through 2028-29.
-- END --
SENATE COMMITTEE ON HEALTH
Senator Dr. Susan Talamantes Eggman, Chair
BILL NO: AB 1360
AUTHOR: | McCarty | ||
VERSION: | July 5, 2023 | ||
HEARING DATE: | July 12, 2023 | ||
CONSULTANT: | Reyes Diaz | ||
SUBJECT: Hope California: Secured Residential Treatment Pilot Program
SUMMARY:
Permits the Counties of Sacramento and Yolo, until July 1, 2029, to offer a voluntary secured residential treatment pilot program (SRTP) for individuals suffering from substance use disorders who have been convicted of drug-motivated felony crimes that qualify pursuant to specified criteria and conditions. Requires the SRTP to be licensed by the Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility.
Existing law:
- Grants the Department of Health Care Services (DHCS) the sole authority in state government to administer, license, certify, and regulate all substance use disorder (SUD) functions and programs. [HSC §11750, et seq.]
- Requires DHCS to license alcoholism or drug abuse recovery or treatment facilities (RTFs) that provide residential, non-medical SUD services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery, treatment, or detoxification services. [HSC §11834.01, et seq.]
- Requires DHCS to adopt American Society of Addiction Medicine (ASAM) treatment criteria as the minimum standard of care for licensed RTFs. [HSC §11834.015]
- Prohibits any person, firm, partnership, association, corporation, or local governmental entity from operating, establishing, managing, conducting, or maintaining an RTF to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license issued by DHCS. Requires DHCS to conduct an investigation against any entity operating an unlicensed RTF and to assess a civil penalty of $2,000 per day the facility continues to operate without a license, as specified. [HSC §11834.30, §11834.31]
- Grants DHCS the authority to implement a program certification procedure for alcohol and other drug treatment recovery services and to develop standards and regulations for the alcohol and other drug treatment recovery services describing the minimal level of service quality required of the service providers to qualify for and obtain state certification. [HSC §11830.1]
- Grants DHCS the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs, including RTFs. [HSC §11833]
- States that pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. [PEN §1001.1]
- Permits diversion programs for specified crimes, including for SUDs and for specific types of offenders, including persons with mental disorders. [PEN §1000, et seq. and §1001.35, et seq.]
- Permits a court, after considering the positions of the defense and prosecution, to grant mental health diversion to a defendant if the defendant meets specified criteria. [PEN §1001.36]
- Permits a prisoner to earn credits towards a sentence, as specified. [PEN §4019]
This bill:
- Permits the Counties of Sacramento and Yolo to offer a voluntary SRTP, known as “Hope California,” for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes that qualify pursuant to specified criteria and conditions. Requires, if offered, the SRTP to align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. Permits the counties to offer the SRTP to eligible individuals if the program meets conditions such as:
- The SRTP is licensed by DHCS as an RTF, and is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department;
- DHCS monitors the SRTP to ensure the health, safety, and well-being of program participants;
- DHCS has authority to access the SRTP to investigate complaints by program participants and to ensure it complies with applicable statutes and regulations;
- The SRTP ensures that participants have visitation rights, including through the use of a telephone;
- The county develops and staffs the SRTP in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- The county HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of ASAM be performed for each individual identified as a candidate for the program;
- The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician; and,
- The participant’s successful completion of treatment is defined and determined by the treatment providers, and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
- Requires the court to ensure that the rights of any victim of specified crimes are honored before expunging a SRTP participant’s conviction.
- Adds participation in a SRTP to existing law that permits prisoners to earn credits towards a sentence, as specified.
- Sunsets the SRTP on July 1, 2029.
- Makes a Legislative finding and declaration that a special statute is necessary and that a general statute cannot be made applicable, as specified, because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their SUDs.
FISCAL EFFECT:
According to the Assembly Appropriations Committee:
- Costs (General Fund [GF]) possibly in the low hundreds of thousands of dollars to DHCS for additional staff to provide research and assistance to the SRTPs. DHCS estimated an annual cost of approximately $132,000 to comply with AB 1542 (McCarty of 2021), which was substantially similar to this bill. All residential treatment facilities in California are regulated by DHCS and must be properly licensed to ensure safety, quality of care, program integrity, and federal financial participation for services reimbursed by Medi-Cal, if appropriate. Costs to draft emergency regulations may be higher than estimated, given that, arguably, involuntary SUD treatment violates DHCS licensing requirements, which means DHCS would need to retain third-party experts to assist in drafting regulations. SB 823 (Hill, Chapter 781, Statutes of 2018) requires DHCS to adopt ASAM treatment criteria, as specified, as the minimum standard of care for licensed residential alcoholism or drug abuse recovery or treatment facilities. ASAM criteria does not include involuntary or forced treatment.
- Possible cost pressures (GF) in the hundreds of thousands of dollars to low millions of dollars to fund the SRTP in two counties, to the extent Medi-Cal or the Opioid Multistate Settlement Agreement (OMSA) are not sufficient. Participation in the SRTP is likely not Medi-Cal reimbursable because the SRTP does not meet ASAM standards for residential SUD treatment. It is unclear whether reimbursement may be available via the OMSA. To the extent no other reimbursement is available to fund the SRTP, there would be a cost pressure on the GF to continue the program until the sunset date.
PRIOR VOTES:
Senate Public Safety Committee: | 5 - 0 |
Assembly Floor: | 72 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Health Committee: | 15 - 0 |
Assembly Public Safety Committee: | 7 - 0 |
COMMENTS:
- Author’s statement. According to the author, SUD is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence-based treatment. This voluntary pilot program in Sacramento and Yolo Counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety.
- Licensed RTFs and certified programs. RTFs licensed by DHCS, based on what is commonly referred to as the social model, provide recovery, treatment, or detoxification services. The California Department of Public Health licenses medical model RTFs, known as chemical dependency recovery hospitals. The services provided by social model RTFs include group and individual counseling, educational sessions, and alcoholism or drug abuse recovery and treatment planning. Social model RTFs are allowed to provide clients first aid and emergency care, and since the passage of AB 848 (Stone, Chapter 744, Statutes of 2015), RTFs can apply to DHCS for an additional license to provide incidental medical services by a licensed physician and surgeon or other health care practitioner, as specified. SB 823 requires DHCS to adopt ASAM treatment criteria as the minimum standard of care for licensed RTFs. DHCS also offers a voluntary facility certification to those programs that provide the following services: day treatment, outpatient, and nonresidential detoxification. The certification is granted to programs that exceed minimum levels of service quality and are in substantial compliance with state program certification standards. Certification is available to both residential and nonresidential programs. The majority of facilities licensed by DHCS are also certified. DHCS also certifies residential treatment facilities licensed by the Department of Social Services that provide SUD services to youth. As part of their licensing and certification functions, DHCS conducts reviews of licensed and certified programs every two years, or as necessary; checks for compliance with statute, regulations, and certification standards to ensure the health and safety of clients; investigates all complaints; and has the authority to suspend or revoke a program’s license or certification for a violation of statute, regulations, and certification standards.
- Involuntary/secured treatment for SUDs. Despite widespread implementation of involuntary drug treatment worldwide, there appears to be little high-quality research available on its effectiveness. A comprehensive study was published in 2016, claiming to be the first of its kind, in the Journal of Drug Policy, “The Effectiveness of Compulsory Drug Treatment: A Systemic Review.” That study concluded that evidence does not, on the whole, suggest improved outcomes related to compulsory treatment approaches, with some studies suggesting potential harms. The study also stated that given the potential for human rights abuses within compulsory treatment settings, non-compulsory treatment modalities should be prioritized by policymakers seeking to reduce drug-related harms. It is worth noting that the study did not limit its assessment of compulsory drug treatment in detention centers, but also included compulsory treatment in inpatient and outpatient settings. Other research in “Offender Treatment: A Meta-Analysis of Effectiveness,” published in Criminal Justice and Behavior, found that mandated treatment was ineffective, particularly when the treatment was located in custodial settings, whereas voluntary treatment produced significant treatment effect sizes regardless of setting. Likewise, two more reports, “Improving In-prison Rehabilitation Programs” by the California Legislative Analyst’s Office (LAO) and “Lifetime Benefits and Costs of Diverting Substance-Abusing Offenders from State Prison” in Crime and Delinquency, stress the importance of using evidence-based treatment modalities in community-based settings, rather than in prison, in order to effectively reduce recidivism. One important risk factor for criminal activity noted in the LAO report is antisocial relationships, such as the association with other criminal actors and isolation from noncriminal actors. Evidence-based residential treatment, like DHCS-licensed RTFs, permit residents to leave the facility when they have attained a certain level in their recovery to attend school or work, or visit family, helping them to reintegrate into society.
- OMSA announcement and specified terms. On February 25, 2022, Attorney General (AG) Rob Bonta announced that the state was another step closer to bringing billions of dollars in relief to California to help fight the opioid crisis. AG Bonta stated this settlement, with the nation’s three major pharmaceutical distributors (Cardinal Health, McKesson, and AmerisourceBergen) and Johnson & Johnson, will not only bring resources to our state, cities, and counties to help fund treatment and recovery, it will help prevent drug companies from ever again engaging in the improper business practices that led to the ongoing crisis. The agreement marks the culmination of three years of negotiations to resolve more than 4,000 claims of state and local governments across the country. It is the second largest multistate agreement in U.S. history, second only to the Tobacco Master Settlement Agreement. Fifty-two states and territories as well as thousands of local governments across the country signed on to the agreement. In California, all 56 eligible counties and 361 cities (96% of eligible cities) signed on to the agreement. As a result, California will receive over $2.05 billion. As part of the OMSA, 85% percent of these funds will go directly to California’s local communities to support treatment, recovery, harm reduction, and other strategies to address the opioid epidemic.
In addition to the funds, Cardinal Health, McKesson, and AmerisourceBergen will:
- Establish a centralized independent clearinghouse to provide all three distributors and state regulators with aggregated data and analytics about where drugs are going and how often, eliminating blind spots in the current systems used by distributors;
- Use data-driven systems to detect suspicious opioid orders from customer pharmacies;
- Terminate customer pharmacies’ ability to receive shipments, and report those companies to state regulators, when they show certain signs of diversion;
- Prohibit shipping of and report suspicious opioid orders;
- Prohibit sales staff from influencing decisions related to identifying suspicious opioid orders; and,
- Require senior corporate officials to engage in regular oversight of anti-diversion efforts.
Johnson & Johnson is required to:
- Stop selling opioids;
- Not fund or provide grants to third parties for promoting opioids;
- Not lobby on activities related to opioids; and,
- Share clinical trial data under the Yale University Open Data Access Project.
The settlement agreement requires that California use the funds coming to the state for future opioid remediation. Opioid remediation is defined in the settlement agreement as care, treatment, and other programs and expenditures (including reimbursement for past such programs or expenditures, except where the agreement restricts the use of funds solely to future opioid remediation) designed to: address the misuse and abuse of opioid products; treat or mitigate opioid use or related disorders; or, mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic.
Further, according to a document on the AG’s website regarding the California State-Subdivision Agreement, which outlines the proposed distribution and use of the funds, the California Abatement Accounts Funds will be used for future opioid remediation in one or more of the areas described in the List of Opioid Remediation Uses (Exhibit E to the Distributor Settlement Agreement). In addition to this requirement, no less than 50% of the funds received by a California Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
- The provision of matching funds or operating costs for SUD facilities within the BH Continuum Infrastructure Program;
- Creating new or expanded SUD treatment infrastructure;
- Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
- Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn), and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or,
- Interventions to prevent drug addiction in vulnerable youth.
The document permits DHCS to add to the above list (but not delete from it) by designating additional High Impact Abatement Activities. It further states that DHCS will make reasonable efforts to consult with stakeholders, including the California Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
- Double referral. This bill was heard in the Senate Public Safety Committee on June 20, 2023, and passed by a vote of 5-0.
- Prior legislation. AB 1928 (McCarty of 2022) and AB 1542 (McCarty of 2021) were similar to this bill. AB 1928 was held on the Assembly Appropriations Committee suspense file. AB 1542 was vetoed by Governor Newsom who stated while it’s important to develop programs that can divert individuals away from the criminal justice system, coerced treatment for SUD is not the answer. While this pilot would give a person the choice between incarceration and treatment, he was concerned that this is a false choice that effectively leads to forced treatment. He further stated he was especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants’ long-term recovery from their SUDs.
SB 823 (Hill, Chapter 781, Statutes of 2018) required DHCS to adopt ASAM treatment criteria, as specified, as the minimum standard of care for RTFs.
- Support. Supporters of this bill state that according to the National Institute of Health and the National Institute for Drug Abuse, an estimated 65% percent of the U.S. prison and jail populations have an active SUD. Another 20% percent did not meet the official criteria for a SUD but were under the influence of drugs or alcohol at the time of the crime. Furthermore, the U.S.’s economic and societal costs of untreated substance abuse now exceed $700 billion. This bill would provide two counties in consultation with ASAM, county drug treatment providers, and other community stakeholders another treatment option for individuals suffering from SUD that commit repeat felonies due to their addiction. The SRTP is voluntary and includes wrap-around services, and, if completed, participants would have their records expunged and sealed.
- Opposition. Opponents of this bill, largely SUD treatment providers and advocates, argue that involuntary SUD treatment is neither effective nor ethical, and this bill continues not to address the Governor’s veto message of AB 1542. Research strongly suggests that this approach would not be effective or fiscally responsible. Opponents fear that a SRTP would put California on a dangerous path towards repurposing closed juvenile halls, jails, and possibly prisons for individuals experiencing homelessness with SUDs. No locked SUD treatment facility currently exists in California, and this concept is inconsistent with national standards for SUD treatment established by ASAM. Evidence-based criteria for assessment and identification of individual treatment needs, and corresponding standards for residential levels of care, are now used in Sacramento and Yolo Counties and statewide under the Drug Medi-Cal Organized Delivery System. Opponents further argue that studies also suggest that forced treatment makes individuals less trustful of SUD treatment, and therefore less likely to engage SUD treatment or other medical services in the future. The costs for prosecutors, defense attorneys, judges, bailiffs, court staff, and whatever entity would be responsible for guarding people within the SRTP would likely take the lion’s share of any funding allocated, which should be going to community based treatment providers. Opponents see the potential for this bill being used by law enforcement to temporarily remove people with SUDs from the streets. In purporting to help unhoused people receive treatment, this bill would likely disproportionately affect Black, Latinx, Indigenous, and other people of color, who would almost certainly be disproportionately forced into locked treatment.
- Oppose unless amended. The California Public Defenders Association (CPDA) states that this bill is a misguided solution to a real and serious problem. Currently, there is not sufficient funding in Sacramento or Yolo Counties to provide SUD treatment in jail for individuals clamoring for treatment; to provide residential or outpatient treatment for individuals who somehow have managed to stop using drugs on their own; or, to provide housing and stability to sober individuals so that they can maintain their sobriety. CDPA further states that this bill diverts taxpayer dollars needed for those individuals’ SUD treatment and sobriety to pay for a SRTP. CDPA suggests this bill be amended to provide the following:
- Voluntary treatment for people held pretrial or post-conviction in county jail, as well as persons on probation;
- No locked setting separate from the county jail; and,
- Provide for a continuum of care in appropriate housing, upon appropriation by the Legislature.
SUPPORT AND OPPOSITION:
Support: California District Attorneys Association
California State Association of Psychiatrists
County of Sacramento District Attorney
County of Yolo
Greater Sacramento Urban League
League of California Cities
Oppose: Access Support Network
American Civil Liberties Union California Action
Berkeley NEED
California Association of Alcohol and Drug Program Executives, Inc.
California Attorneys for Criminal Justice
California Consortium of Addiction Programs and Professionals
California Public Defenders Association (unless amended)
California Society of Addiction Medicine
Californians for Safety and Justice
Coalition on Homelessness
County Behavioral Health Directors Association of California
Disability Rights California
Drug Policy Alliance
Ella Baker Center for Human Rights
Harm Reduction Library
HealthRight 360
Initiate Justice
National Harm Reduction Coalition
TEACH
The Sidewalk Project
Transitions Clinic Network
Treatment on Demand Coalition SF
VelNonArt Transformative Health
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1360 Hearing Date: June 20, 2023
Author: | McCarty | ||
Version: | June 13, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Hope California: Secured Residential Treatment Pilot Program
HISTORY
Source: Yolo County District Attorney
Prior Legislation: AB 1928 (McCarty), held Assem. Approps., 2022
AB 1542 (McCarty), vetoed, 2021
Support: California District Attorneys Association; County of Yolo; Greater Sacramento Urban League; League of California Cities; Sacramento County District Attorney
Opposition: Access Support Network; ACLU California Action; Berkeley Need; California Association of Alcohol and Drug Program Executives, Inc.; California Attorneys for Criminal Justice; California Public Defenders Association (oppose unless amended); Californians for Safety and Justice; Coalition on Homelessness; County Behavioral Health Directors Association of California; Disability Rights California; Drug Policy Alliance; Ella Baker Center for Human Rights; Harm Reduction Library; Healthright 360; Initiate Justice; National Harm Reduction Coalition; Sister Warriors Freedom Coalition; The Sidewalk Project; Training in Early Abortion for Comprehensive HealthCare (TEACH); Transitions Clinic Network; Treatment on Demand
Assembly Floor Vote: 72 - 0
PURPOSE
The purpose of this bill is to authorize the Counties of Sacramento and Yolo to establish a secured residential treatment pilot program for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony offenses, as specified.
Existing law states that pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Pen. Code, § 1001.1.)
Existing law authorizes diversion programs for specified crimes (Pen. Code, §§ 1000 et seq. for drug abuse; Pen. Code, § 1001.12 et seq. for child abuse; Pen. Code, §§ 1001.70 et seq. for contributing to the delinquency of another, Pen. Code, §§ 1001.60 et seq. for writing bad checks) and for specific types of offenders (Pen. Code, §§ 1001.80 et seq. for veterans; Pen. Code, §§ 1001.35 et seq. for persons with mental disorders).
Existing law establishes the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. [Welf. & Inst. Code § 5920 et seq.)
Existing law provides that an individual qualifies for the CARE process only if all of the following criteria are met:
- The person is 18 years of age or older;
- The person is currently experiencing a severe mental illness, as specified, and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined;
- The person is not clinically stabilized in on-going voluntary treatment;
- At least one of the following is true:
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined.
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability; and,
- It is likely that the person will benefit from participation in a CARE plan or CARE agreement. (Welf. & Inst. Code, § 5972, subds. (a)-(f).)
Existing law defines “CARE agreement” as a voluntary settlement agreement entered into by the parties, including the same elements as a CARE plan to support an individual in accessing community-based services and supports. (Welf. & Inst. Code, § 5971, subd. (a).)
Existing law defines “CARE plan” as an individualized, appropriate range of community-based services and supports, which include clinically appropriate behavioral health care and stabilization medications, housing, and other supportive services. (Welf. & Inst. Code, § 5971, subd. (b).)
Existing law identifies the persons who may file a petition to initiate the CARE process, including, among others, a person with whom the respondent resides, the spouse or parent or other caregiver of the respondent, a first responder who has repeated interactions with the respondent, the director of a county behavior health agency in which the respondent resides or is found, or the respondent themselves. (Welf. & Inst. Code, § 5974.)
Existing law establishes the process by which a petition can be filed with the court and a hearing can be held to determine whether the respondent should be required to engage in behavioral health treatment, as specified. (Welf. & Inst. Code, § 5975 et seq.)
This bill authorizes the Counties of Sacramento and Yolo to offer a voluntary secured residential treatment pilot program, known as “Hope California” for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in the provisions of this bill.
This bill specifies that the Counties of Sacramento and Yolo may offer the pilot program to eligible individuals if the program meets all of the following conditions:
- The program facility is licensed by the State Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility;
- The program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department,
- The program shall not be a jail, prison, or other correctional setting;
- The program shall be secured by shall not include a lockdown setting;
- The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration;
- The program is limited to one facility site per county;
- DHCS monitors the program facility to ensure the health, safety, and well-being of program participants;
- DHCS has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations;
- The program facility ensures that participants have visitation rights, including through the use of a telephone;
- The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program;
- The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers;
- The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community;
- The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities;
- The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist;
- A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility, but for a total time period not to exceed the term of imprisonment to which the defendant would otherwise be sentenced, as specified;
- A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose the alternative treatment program is knowing, intelligent, and voluntary;
- The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery;
- To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021));
- An outcome assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
- The outcomes assessment shall include data, including overall data and data by county, and shall include but not be limited to, all of the following:
- A summary of the pertinent data described below over the course of the pilot program.
- The clinical efficacy of the secured residential treatment pilot program based on the data collected described below;
- The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
- A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
- The county collects and monitors all of the following data for participants in the program:
- The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
- The participant’s criminal history.
- The participant’s risk level, as determined by the risk, needs, and psychological assessment.
- The treatment provided to the participant during the program, and if the participant completed that treatment.
- The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
- The county reports all of the following information annually to the DHCS and to the Legislature, excluding any personally identifiable information of participants:
- The risk, needs, and psychological assessment tool used for the program.
- The curriculum used by each program.
- The number of participants with a program length other than one year and the alternative program lengths used.
- Individual data on the number of participants participating in the program.
- Individual data for the items described in paragraph (19).
- A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
This bill provides that an eligible drug-motivated crime shall include any felony other than the following:
- Sex crimes, as defined;
- “Serious” felonies, as defined;
- “Violent” felonies, as defined;
- A “nonviolent drug possession offense” as defined;
- Domestic violence offenses, as specified; and,
- Driving under the influence offenses, as specified.
This bill requires the judge, at the time of sentencing or pronouncement of judgment in which sentencing is imposed, to offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions in this bill, and if all of the following conditions are met:
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- The defendant’s crime meets the specified criteria;
- The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the required report.
This bill states that amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense.
This bill provides that the defendant shall be eligible to receive credits for participation in the program.
This bill requires, during the period in which an individual is participating in the pilot program, the individual to be on supervision with the probation department.
This bill requires a report to be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider. This report is to assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program.
This bill states that if, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
This bill provides that if the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
This bill states that if, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled.
This bill states that If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers’ assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and the program shall provide a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
This bill provides that if the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge and seal the conviction from the participant’s record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record.
This bill states that a participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
This bill states that the court shall ensure that the rights of any victim are honored pursuant to existing laws before expunging the conviction.
This bill sunsets the secured residential pilot program on July 1, 2029.
This bill makes conforming changes to authorize a person participating in the program to be eligible for credits.
This bill contains various legislative findings and declarations related to treatment of SUDs and recidivism.
COMMENTS
- Need for This Bill
According to the author of this bill:
Substance use disorder is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. This voluntary pilot program in two counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety.
- Mandated Treatment of SUDs
Despite widespread implementation of involuntary drug treatment worldwide, there appears to be little available, high-quality research on its effectiveness. A comprehensive study was published in 2016, claiming to be the first of its kind. (Werb, The Effectiveness of Compulsory Drug Treatment: A Systemic Review, International Journal of Drug Policy, Feb. 2016, 28: 1-9, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4752879/, [as of June 9, 2023].) That study concluded that “[e]vidence does not, on the whole, suggest improved outcomes related to compulsory treatment approaches, with some studies suggesting potential harms.” (Id. at 2.) The study continued, “Given the potential for human rights abuses within compulsory treatment settings, non-compulsory treatment modalities should be prioritized by policymakers seeking to reduce drug-related harms.” (Ibid.) It is worth noting that the study did not limit its assessment of compulsory drug treatment in detention centers, but also included compulsory treatment in inpatient and outpatient settings. (Id. at 10.) Other research has found that “mandated treatment was ineffective, particularly when the treatment was located in custodial settings, whereas voluntary treatment produced significant treatment effect sizes regardless of setting.” (Parhar, Offender Treatment: A Meta-Analysis of Effectiveness, Criminal Justice and Behavior, Vol. 35, No. 9, p. 1128, Sep. 2008, available at: https://studysites.sagepub.com/stohrstudy/articles/05/Parhar.pdf, [as of June 9, 2023].)
A more recent report discussed more specifically the complexity of the mandated drug treatment model for those involved in the criminal justice system:
There is also a long-standing debate about whether people with substance use disorders who are involved in the legal system should be coerced to enter treatment as an alternative to incarceration or some other sanction (see, e.g., Farabee, Prendergast, and Anglin, 1998; McSweeney et al., 2007; and Seddon, 2007). This is how most drug courts work, and, as noted earlier, whether they are “successful” depends on how success is defined; research suggests that they can reduce recidivism for some participants and are cost-beneficial from a societal perspective (largely driven by a reduction in a small number of serious crimes), but they do not appear to reduce overall incarceration days because many individuals violate program rules, do not complete the program, or both. This coercion occurs in other parts of the criminal legal system as well (e.g., “If you do not enter treatment, we will run your case through the traditional adjudication process”). Judges in many states can also civilly commit individuals to treatment if their drug use imposes a high likelihood of serious harm (Christopher et al., 2015).
The considerations surrounding coercion can be even more complex if the mandated treatment is abstinence based (Rafful et al., 2018). Although the risk of overdose after a period of abstinence has always been an issue, whether the period of abstinence was caused by incarceration, treatment, or another factor, it is especially salient given how dangerous and unpredictable street drug markets are today. This raises a question about whether the cumulative risk of fatal overdose for a person who uses opioids is higher by allowing that person to remain in the community or by forcing them to abstain for a fixed period. Although forced abstention could lead to long-term recovery for some people, many others will likely resume opioid consumption with a lower tolerance.
(Stein, et al., America’s Opioid Ecosystem, RAND Corporation (2023) pp. 245-246.)
This bill authorizes individuals with SUDs who are convicted of a qualifying “drug-motived” felony to be treated in a secured residential treatment program. This bill states that at the time of sentencing, the judge shall offer the defendant voluntary participation in the pilot program as an alternative to a jail or prison sentence the judge would otherwise impose if (1) the defendant’s crime is statutorily eligible for the program; (2) the crime was caused in whole or in part by the defendant’s SUD; and (3) and the judge finds, based on the recommendations of the treatment providers who conducted the assessment, that the defendant’s participation in the program would be appropriate.
The amount of time in the treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment and cannot be longer than the term of imprisonment to which the defendant would otherwise be sentenced. Supervision of the defendant would be provided by the probation department. If the defendant successfully completes the treatment program, as determined by treatment providers, the court is required to expunge and seal the conviction and has the discretion to expunge previous drug crimes on the defendant’s record. If the defendant is not successful, the defendant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
- CARE Court
On March 3, 2022, Governor Gavin Newsom announced a plan to give family-members, county and community-based social services, behavior health provides, or first responders the ability to petition a court to have a person placed into involuntary treatment for up to 24 months. According to the Governor’s announcement:
CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It's a long-term strategy to positively impact the individual in care and the community around them. The plan focuses on people with schizophrenia spectrum and other psychotic disorders, who may also have substance use challenges, and who lack medical decision-making capacity and advances an upstream diversion from more restrictive conservatorships or incarceration.
On September 14, 2022, SB 1338 (Umberg), Chapter 319, Statutes of 2022, was signed and the CARE Act was created. Individuals experiencing severe mental illness with a diagnosis of schizophrenia spectrum and other psychotic disorders qualify for the CARE process. Many people who have a SUD also struggle with mental disorders. The National Institute on Drug Abuse, Common Comorbidities with SUD Research Report (Apr. 2020) reported that indeed, patients with schizophrenia have higher rates of…drug use disorders than the general population.
According to the background information provided by the author, Hope California is meant to compliment the CARE Court model.
- 2021 Multistate Opioid Settlement Agreement
In 2021, four of the largest U.S. corporations agreed to pay roughly $26 billion to settle multiple national lawsuits linked to claims that their business practices helped fuel the deadly opioid crisis. This bill provides that funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement may be used to reimburse treatment services given to program participants if those services are not reimbursable under Medi-Cal or through personal health care coverage to the extent consistent with the terms of the settlement agreement.
A large coalition of the country’s leading medical and mental health groups, public policy organization, and research centers worked together to develop recommendations for how best to spend funds received from the settlement. The resulting “Principles for the Use of Funds From the Opioid Litigation” recommended, among other things, spending money to bolster underfunded substance use and behavior health programs; funding initiatives that have been shown to work, such as harm reduction programs and communication campaigns to reduce stigma; investing in youth prevention; focusing on racial equity by elevating and expanding diversion programs and linking participants with community-based services; and developing a fair and transparent process for deciding where to spend settlement funds. (Johns Hopkins Bloomberg School of Public Health, Principles for the Use of Funds From the Opioid Litigation <https://opioidprinciples.jhsph.edu/> [last visited June 9, 2023].)
- Expungement Provision
This bill provides that if a person successfully completes the treatment program, the court shall expunge the conviction from the participant’s record and specifies that the court has discretion to expunge any previous drug possession or drug use crimes on the participant’s record.
Expungement relief allows a person to withdraw their guilty plea and have their conviction set aside and the charging document is dismissed. However, this neither erases nor seals the record of conviction. Despite the dismissal order, the conviction record remains. (People v. Field (1995) 31 Cal.App.4th 1778, 1787.) A background check would reveal the expunged conviction with an extra entry noting the dismissal on the record. Expungement also does not prevent the conviction from being pleaded and proved just like any other prior conviction in any subsequent prosecution. (See People v. Diaz (1996) 41 Cal.App.4th 1424.)
Originally, expungement relief was available to defendants placed on probation. (Pen. Code, § 1203.4.) However, expungement relief has been extended to other categories of cases, including
people convicted of misdemeanors and infractions who were not granted probation. (Pen. Code, § 1203.4a.) After the enactment of Realignment, expungement was extended to persons sentenced for a realigned felony who served their sentence in county jail. (Pen. Code, § 1203.41.) In 2017, expungement relief was extended to those who were convicted of the same crimes eligible for expungement under Penal Code section 1203.41, but who served their sentence in state prison instead of county jail because they were sentenced before the enactment of Realignment. (Pen. Code, § 1203.42.)
Additionally, some convictions are eligible for automatic expungement, including county jail-eligible felony convictions where a person successfully completed their sentence. (See AB 1076 (Ting), Chapter 578, Statutes of 2019; SB 731 (Durazo), Chapter 814, Statutes of 2022.)
While this bill specifically states that the person’s conviction will be “expunged” upon successful completion of the program, it appears that the expungement provisions that already exist would provide an avenue for relief if the person received a traditional sentence of imprisonment in county jail for a county-jail eligible felony.
- Veto of Prior Similar Legislation
AB 1592 (McCarty), of the 2021-2022 Legislative session was substantially similar to this bill. The Governor vetoed AB 1542 on October 8, 2021.
In his veto message, the Governor said:
I am returning Assembly Bill 1542 without my signature.
AB 1542 would authorize the County of Yolo to offer a pilot program that would allow individuals struggling with substance use disorders, who have been convicted of qualifying drug-motivated crimes, to be placed in a Secured Residential Treatment Program.
I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for substance use disorder is not the answer. While this pilot would give a person, the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants' long-term recovery from their substance use disorder. For these reasons, I am returning this bill.” (Governor’s veto message on AB 1542 (Oct. 8, 2021) (2021-2022 Reg. Session) < https://www.gov.ca.gov/wp-content/uploads/2021/10/AB-1542-1082021.pdf>.)
- Argument in Support
According to the Sacramento County District Attorney:
It is undeniable that the intersection of criminal justice and substance use disorders is impacting public safety and it is time to take meaningful action. Low level offenders often find themselves in the revolving door of criminal justice system because their underlying issue is not addressed. This bill would address the root issue of criminal conduct. By providing secure residential treatment, not only is the public protected from further crime, but the offender is receiving desperately needed assistance. This bill takes a well-rounded view of the offender to ensure vital components of recovery are addressed. Successful treatment would lead to lower incarceration rates, lower recidivism rates, and increase public safety. For far too long the criminal justice system has been engaged in status quo prosecution, now is the time to try new and innovative programs.
- Argument in Opposition
According to ACLU California Action:
Unfortunately, we continue to believe that AB 1360 is premised on the flawed notion that involuntary treatment is effective and desirable. Research shows that involuntary treatment not only does not work, it can damage the relationship between treatment provider and recipient and further traumatize individuals who have often experienced severe hardship, diminishing both the likelihood of successful outcomes as well as engagement in future health services. Requiring people receive involuntary treatment in a secured residential setting, would only exacerbate these harms. Offering readily available, evidence-based treatment in the community produces far better outcomes.
Further, we agree with Governor Newsom, AB 1360 offers, “a false choice that effectively leads to forced treatment.” Unfortunately, AB 1360’s language requiring a judge to make a determination that the person is making a “knowing, intelligent, and voluntary” decision does not adequately address this concern.
Ultimately, AB 1360 monopolizes limited resources that could be better invested in voluntary services in the community. The salaries of prosecutors, defense attorneys, judges, and probation would likely take the lion’s share of any funding allocated to this program: funding that could be going to treatment providers. We believe a better use of resources and a better policy approach expands access to evidence-based, voluntary substance use disorder treatment and harm reduction services, permanent supportive housing, and access to other health and social services.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 1360
Author:(McCarty)
As Amended Ver:April 20, 2023
Majority vote
SUMMARY
Authorizes the Counties of Sacramento and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of "drug-motivated" felony crimes.
Major Provisions
- Allows the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as "Hope California", for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes, as specified.
- Requires the pilot programs to align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible.
- Authorizes the Counties of Sacramento and Yolo to offer the pilot program to eligible individuals if the program meets all of the following conditions:
- The program facility is licensed by the State Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility;
- The program facility is a clinical setting managed and staffed by the county's health and human services agency (HHSA), with oversight provided by the county's probation department;
- The program facility is not in a jail, prison, or other correctional setting;
- The program facility is secured but does not include a lockdown setting;
- The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, must choose and consent to participate in the program in lieu of incarceration;
- The DHCS monitors the program facility to ensure the health, safety, and well-being of program participants;
- The program facility ensures that participants have visitation rights, including through the use of a telephone;
- The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment services providers to offer support services;
- The support services include, but are not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- HHSA ensure that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM criteria, be performed for each individual identified as a candidate for the program;
- The participant's treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers;
- The program adopts the Treatment Criteria of ASAM;
- The program may take into consideration evolving best practices in the SUD treatment community;
- The program provides an individualized, medically assisted treatment plan for each resident including, but not limited, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist;
- A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers;
- The participant continues outpatient treatment for a period of time and may also be referred to a "step-down" residential treatment facility after leaving the secured residential treatment facility;
- A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant's decision to choose alternative treatment program is knowing, intelligent, and voluntary;
- The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery;
- If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant's personal health coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment;
- The county collects and monitors all of the following data for participants of the program:
- The participant's demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The participant's criminal history;
- The participant's risk level, as determined by the risk, needs, and psychological assessment;
- The treatment provided to the participant during the program, and if the participant completed that treatment;
- The participant's outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions; and,
- The county reports annually to the DHCS and to the Legislature.
- States that eligible drug-motivated crimes include any felony crime except sex crimes requiring sex offender registration, "serious" felonies, or "violent" felonies, as specified, and excluding nonviolent drug possession offenses.
- Requires the judge to offer the defendant voluntary participation in the pilot program as an alternative to a jail or prison sentence that the judge would otherwise impose at the time of sentencing or pronouncement of judgment in which sentencing is imposed if the following conditions are met:
- The defendant's crime was caused in whole or in part by the defendant's SUD;
- The defendant's crime was a felony, except for specified sex crimes or serious or violent felonies; and,
- The judge makes their determination based on the recommendation of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant's participation in the program would be appropriate, and on the report on whether to offer the defendant placement in the secured residential treatment program, as specified.
- States that the amount of time in the secured residential treatment facility is determined by the recommendations of the treatment providers who conducted the assessment.
- Requires that the amount of time, combined with any outpatient treatment or "step-down" residential treatment, does not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime.
- Prohibits the court from placing the defendant on probation for the underlying offense.
- Declares that the defendant is eligible to receive good conduct credits.
- Requires the court to order the participant to be transferred out of the secured residential treatment phase of the program prior to the end of the original order and to order the participant to complete the remainder of the original sentence imposed prior to their consent to enter the program if the treatment providers or program administrators make such a recommendation.
- Requires the court to order the participant be released prior to the end of the original order if the treatment providers make a recommendation to the court that the participant no longer needs to be in the secured residential treatment program.
- Requires the court to expunge and seal the conviction from the participant's record if the participant successfully completes the court-ordered drug treatment program.
- Requires the court to expunge the conviction of any previous drug possession or drug use crimes on the participant's record if the participant successfully completes the secured residential treatment program.
COMMENTS
According to the Author
"Substance use disorder is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. This voluntary pilot program in four counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety."
Arguments in Support
According to the League of California Cities: "According to the National Institute of Health and the National Institute for Drug Abuse, an estimated 65% percent of the United States prison and jail populations have an active substance use disorder (SUD). Another 20% percent did not meet the official criteria for a SUD, but were under the influence of drugs or alcohol at the time of the crime. Furthermore, economic and societal costs of untreated substance abuse in the U.S. now exceed $700 billion.
"AB 1360 would provide the four counties in consultation with the American Society of Addiction Medicine, county drug treatment providers, and other community stakeholders another treatment option for individuals suffering from SUD that commit repeat felonies due to their addiction. The program is voluntary and includes wrap-around services, and if completed, patients would have their records expunged and sealed.
"Cal Cities supports additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone."
Arguments in Opposition
According to the California Association of Alcohol and Drug Program Executives: "AB 1360 would create a program allowing judges to sentence people convicted of 'drug-motivated crimes' to a secured facility, described as a 'Secured Residential Treatment Program.' It does not describe the conditions of the facility, or describe the qualifications of those who would be responsible for the treatment or security aspects of these facilities.
"We assume that the author and proponents are well-intentioned. However, research strongly suggests that this approach would not be effective or fiscally responsible. Research finds that coerced treatment is much more expensive than voluntary treatment, but has no demonstrable benefit in terms of treatment outcomes when compared to voluntary treatment. Studies also suggest that forced treatment makes individuals less trustful of substance use disorder (SUD) treatment, and therefore less likely to engage SUD treatment or other medical services in the future.
"Ultimately this bill would waste resources that could be better invested in voluntary services in the community. The costs for prosecutors, defense attorneys, judges, bailiffs, court staff, and whatever entity would be responsible for guarding people within the secure facility would likely take the lion's share of any funding allocated to this program- -funding that should be going to community based treatment providers. Further, AB 1360 might actually increase the length of time people are under supervision of courts, or in jail, because people who do not complete treatment in the secured facility could be resentenced to incarceration.
"Instead of establishing an expensive, ineffective and potentially harmful coerced treatment program, we recommend that state and local funds prioritize expanding access to evidence-based, voluntary substance use disorder treatment and harm reduction services, permanent supportive housing, and access to other health and social services."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs (General Fund) possibly in the low hundreds of thousands of dollars to DHCS for additional staff to provide research and assistance to the SRTPs. DHCS estimated an annual cost of approximately $132,000 to comply with AB 1542 (McCarty), which was substantially similar to this bill. All residential treatment facilities in California are regulated by DHCS and must be properly licensed to ensure safety, quality of care, program integrity and federal financial participation for services reimbursed by Medi-Cal, if appropriate. Costs to draft emergency regulations may be higher than estimated, given that, arguably, involuntary SUD treatment violates DHCS licensing requirements, which means DHCS would need to retain third-party experts to assist in drafting regulations. SB 823, Chapter 781, Statutes of 2018, requires DHCS to adopt the American Society of Addiction Medicine (ASAM) treatment criteria, as specified, as the minimum standard of care for licensed residential alcoholism or drug abuse recovery or treatment facilities. ASAM criteria does not include involuntary or forced treatment.
- Possible cost pressures (General Fund) in the hundreds of thousands of dollars to low millions of dollars to fund the SRTP in two counties, to the extent Medi-Cal or the Multistate Opioid Settlement Agreement (MOSA) are not sufficient. Participation in the SRTP is likely not Medi-Cal reimbursable because the SRTP does not meet ASAM standards for residential SUD treatment. It is unclear whether reimbursement may be available via the MOSA. To the extent no other reimbursement is available to fund the SRTP, there would be a cost pressure on the General Fund to continue the program until the sunset date.
VOTES
ASM PUBLIC SAFETY: 7-0-1
YES: Alanis, Bonta, Jackson, Lackey, Ortega, Santiago, Zbur
ABS, ABST OR NV: Jones-Sawyer
ASM HEALTH: 15-0-0
YES: Wood, Waldron, Aguiar-Curry, Arambula, Boerner Horvath, Wendy Carrillo, Flora, Vince Fong, Maienschein, McCarty, Joe Patterson, Rodriguez, Santiago, Villapudua, Weber
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: April 20, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0000665
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1360
Author:(McCarty) – As Amended Ver:April 20, 2023
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Health | 15 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes Sacramento and Yolo counties to each establish a pilot program to offer participation in a secured residential treatment program (SRTP) for qualifying individuals with substance use disorders (SUDs) who have been convicted of specified “drug-motivated” felony crimes.
Specifically, this bill:
- Requires a court, at sentencing, to offer a defendant convicted of a drug-motivated felony, voluntary participation in the SRTP as an alternative to prison or jail.
- Requires a local health and human services agency (HHSA) to ensure that a risk, needs and psychological assessment (risk and needs assessment) is performed for each individual identified as a candidate for the SRTP.
- Requires that, to help the court determine whether to offer a defendant placement in the SRTP, a report be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department and any contracted drug treatment program provider.
- Requires the amount of time in the secured residential treatment facility be based on the recommendations of the treatment providers who conducted the risk and needs assessment of the defendant.
- Specifies that the amount of time spent in the SRTP may not exceed the period of incarceration to which the defendant would otherwise be sentenced for the drug-motivated crime.
- Prohibits the court from placing the defendant on probation for the underlying offense, but requires, for the period in which an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
- Mandates treatment provided to a participant during the SRTP is reimbursable under the Medi-Cal program, to the extent that the participant is a Medi-Cal beneficiary and the treatment is already covered by the Medi-Cal program, and to the extent that reimbursement is not prohibited under federal law.
- Requires each county to provide data pertaining to the treatment provided to participants and information about the participants enrolled in the SRTP to the Department of Healthcare Services (DHCS).
- Provides that, should treatment provided in the SRTP not be reimbursable under the Medi-Cal program or private insurance, funds from the California Opioid Settlement Fund may be used to reimburse treatment services.
- Requires the court, upon a participant’s successful completion of the program, to expunge the conviction from the participant’s record and provides the court with discretion to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record, as specified.
- Sunsets on July 1, 2029.
FISCAL EFFECT:
- Costs (General Fund) possibly in the low hundreds of thousands of dollars to DHCS for additional staff to provide research and assistance to the SRTPs. DHCS estimated an annual cost of approximately $132,000 to comply with AB 1542 (McCarty), which was substantially similar to this bill. All residential treatment facilities in California are regulated by DHCS and must be properly licensed to ensure safety, quality of care, program integrity and federal financial participation for services reimbursed by Medi-Cal, if appropriate. Costs to draft emergency regulations may be higher than estimated, given that, arguably, involuntary SUD treatment violates DHCS licensing requirements, which means DHCS would need to retain third-party experts to assist in drafting regulations. SB 823, Chapter 781, Statutes of 2018, requires DHCS to adopt the American Society of Addiction Medicine (ASAM) treatment criteria, as specified, as the minimum standard of care for licensed residential alcoholism or drug abuse recovery or treatment facilities. ASAM criteria does not include involuntary or forced treatment.
- Possible cost pressures (General Fund) in the hundreds of thousands of dollars to low millions of dollars to fund the SRTP in two counties, to the extent Medi-Cal or the Multistate Opioid Settlement Agreement (MOSA) are not sufficient. Participation in the SRTP is likely not Medi-Cal reimbursable because the SRTP does not meet ASAM standards for residential SUD treatment. It is unclear whether reimbursement may be available via the MOSA. To the extent no other reimbursement is available to fund the SRTP, there would be a cost pressure on the General Fund to continue the program until the sunset date.
COMMENTS:
- Author’s Statement. According to the author:
Substance use disorder is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. This voluntary pilot program in four counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety.
- Involuntary SUD Treatment. This bill requires a court to deny probation to a qualifying felony defendant and either sentence the defendant to a period of incarceration or, if they agree, to the SRTP. While the bill states that participation in the SRTP is voluntary, the defendant must effectively choose between jail or the SRTP – even where a defendant may have been eligible for probation or an outpatient SUD treatment program.
Despite widespread implementation of involuntary drug treatment worldwide, there appears to be little available, high-quality research on its effectiveness. “The Effectiveness of Compulsory Drug Treatment: A Systemic Review” was published in the International Journal of Drug Policy in February of 2016. This study concluded that “overall evidence does not suggest improved outcomes related to compulsory treatment approaches, with some studies suggesting potential harms.” This bill also states the county “treatment providers” that conduct a defendant’s risk and needs assessment will determine how long the defendant will remain in the SRTP. Typically, decisions about how long a person should remain in treatment, particularly residential treatment, are made by the treatment provider who is most closely overseeing the person’s care. The “treatment providers” identified by the court may not be the same as the treatment provider at the facility. Finally, participating in but failing to successfully complete STRP could disadvantage a defendant. If a defendant is convicted of a felony and sentenced to the statutory maximum of four years in prison or jail, a court may ask the defendant if they want to be sentenced to the SRTP for six months instead. If a defendant agrees to the STRP but is later removed from the program, they face a maximum jail term but receive no custody credits for the time they were in the SRTP. Therefore, the defendant may end up serving more time incarcerated.
- Previous Legislation. AB 1542 (McCarty), of the 2021-2022 Legislative Session, would have authorized only Yolo County to establish an SRTP pilot program, but was otherwise substantially similar to this bill. The Governor vetoed AB 1542, writing:
I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for substance use disorder is not the answer. While this pilot would give a person the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants’ long-term recovery from their substance use disorder.
AB 1928 (McCarty), of the 2021-2022 Legislative Session, was substantially similar to this bill, except that it would have authorized San Joaquin, Santa Clara, and Yolo counties to establish STRP pilot programs. AB 1928 was held on this committee’s suspense file.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 1360
Author:((McCarty) – As Amended Ver:March 28, 2023
SUBJECT: Hope California: Secured Residential Treatment Pilot Program.
SUMMARY: Authorizes the Counties of Sacramento and Yolo to establish pilot programs to offer voluntary, secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes. Specifically, this bill:
- Permits the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs (SRTP), known as “Hope California,” for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes, as specified.
- Requires the SRTPs to align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible.
- Authorizes the Counties of Sacramento and Yolo to offer SRTP to eligible individual’s if the SRTP meets all of the following conditions:
- The secured residential treatment facility (SRTF) is licensed by the Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility (RTF);
- The SRTF is a clinical setting managed and staffed by the county’s health and human services agency (the county HHSA), with oversight provided by the county’s probation department;
- The SRTF is not offered in a jail, prison, or other correctional setting;
- The SRTF is secured but does not include a lockdown setting;
- The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, chooses and consents to participate in the SRTP in lieu of incarceration;
- The SRTP is limited to one SRTF site per county;
- DHCS monitors the SRTF to ensure the health, safety, and well-being of SRTP participants;
- DHCS has authority to access the SRTF to investigate complaints by SRTP participants and to ensure the SRTF complies with applicable statutes and regulations;
- The SRTF ensures that participants have visitation rights, including through the use of a telephone;
- The county develops and staffs the SRTP in partnership with relevant community-based organizations and drug treatment services providers to offer support services;
- The support services include, but are not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- The county HHSA ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM criteria, be performed for each individual identified as a candidate for the SRTP;
- The participant’s treatment, in terms of length and intensity, within the SRTP is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers;
- The SRTP adopts the Treatment Criteria of ASAM;
- The SRTP may take into consideration evolving best practices in the SUD treatment community;
- The SRTP has a comprehensive written curriculum that informs the operation of the SRTP and outlines the treatment and intervention modalities;
- The SRTP provides an individualized medically assisted treatment (MAT) plan for each resident including, but not limited to, MAT options and counseling based on the recommendations of a SUD specialist;
- A judge determines the length of the individual’s treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers;
- The participant continues outpatient treatment for a period of time and may also be referred to a “step-down residential treatment facility” after leaving the SRTF;
- A judge determines the SRTP will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose alternative treatment program is knowing, intelligent, and voluntary;
- The SRTP provides, for each participant successfully leaving the SRTP, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery;
- To the extent permitted under federal and state law, treatment provided to a participant during the SRTP is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program;
- If treatment services provided to a participant during the SRTP are not reimbursable under the Medi-Cal program or through the participant’s personal health coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment;
- An outcomes assessment is completed by an independent evaluator; and,
- The county collects and monitors all of the following data for participants of the SRTP:
- The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The participant’s criminal history;
- The participant’s risk level, as determined by the risk, needs, and psychological assessment;
- The treatment provided to the participant during the SRTP, and if the participant completed that treatment;
- The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions; and,
- The county reports all of the following information annually to the DHCS and to the Legislature, excluding any personally identifiable information of participants:
- The risk, needs, and psychological assessment tool used for the SRTP;
- The curriculum used by each SRTP;
- The number of participants with a SRTP length other than one year and the alternative program lengths used;
- Individual data on the number of participants in the SRTP;
- Individual data, as specified; and,
- A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
- The risk, needs, and psychological assessment tool used for the SRTP;
- The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The secured residential treatment facility (SRTF) is licensed by the Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility (RTF);
- States that eligible drug-motivated crimes include any felony crime except sex crimes, “serious” felonies, and “violent” felonies, as specified.
- Requires the judge to offer the defendant voluntary participation in the SRTP as an alternative to a jail or prison sentence that the judge would otherwise impose at the time of sentencing or pronouncement of judgment in which sentencing is imposed if the following conditions are met:
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- The defendant’s crime was a felony, except for specified sex crimes or serious or violent felonies; and,
- The judge makes their determination based on the recommendation of the treatment providers who conducted the assessment, on a finding by the county HHSA that the defendant’s participation in the SRTP would be appropriate, and on the report on whether to offer the defendant placement in the SRTP, as specified.
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- States that the amount of time in the SRTF is determined by the recommendations of the treatment providers who conducted the assessment.
- Requires that the amount of time, combined with any outpatient treatment or “step-down” residential treatment, does not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime.
- Prohibits the court from placing the defendant on probation for the underlying offense.
- Declares that the defendant is eligible to receive good conduct credits.
- Declares that the individual shall be on supervision with the probation department during the period in which an individual is participating in the SRTP.
- Requires a report to be prepared with input from any of the interested parties,including the district attorney, the attorney for the participant, the probation department, the county, and any contracted drug treatment program provider,to assist the court in making the determination as to whether to offer the defendant placement in the SRTP.
- Authorizes the treatment providers or SRTP administrators to recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the SRTP if they determine that continued participation in the SRTP would not be in the best interest of the individual.
- Requires the court to order the participant to be transferred out of the secured residential treatment phase of the SRTP prior to the end of the original order and to order the participant to complete the remainder of the original sentence imposed prior to their consent to enter the SRTP if the treatment providers or SRTP administrators make a recommendation under 12) above.
- Authorizes a SRTP participant to request that the court terminate their participation in the SRTP and that the participant be transferred out of the SRTP to complete the remainder of their originally imposed sentence, after account for any credits.
- Requires the court to order the participant released prior to the end of the original order if the treatment providers make a recommendation to the court that the participant no longer needs to be in the SRTP.
- Requires the court to expunge and seal the conviction from the participant’s record if the participant successfully completes the court-ordered drug treatment program.
- Requires the court to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record if the participant successfully completes the SRTP.
- Declares that a participant’s completion of treatment must be defined and determined by the treatment providers and not by the court, district attorney’s office, or the probation department.
- Declares that the participant’s successful completion of treatment does not require the participant to complete the duration of the treatment originally ordered by the court.
- Requires the court to ensure that the rights of the victim under Marsy’s Law (Proposition 9 of 2008, also known as the California Victim’s Bill of Rights Act) are honored before expunging the conviction.
- Sunsets the SRTP on January 1, 2026.
- Find and declares that a significant percentage of people arrested and charged with crimes suffer from SUDs and that form any individuals suffering from SUDs, residential and professionally conducted, evidence-based treatment programs are the best, or at times only, option for getting this population well.
EXISTING LAW:
- Grants DHCS the sole authority in state government to administer, license, certify, and regulate all SUD functions and programs. [Health and Safety Code (HSC) § 11750 et seq.]
- Requires DHCS to license RTFs that provide residential, non-medical SUD services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery, treatment, or detoxification services. [HSC § 11834.01 et seq.]
- Requires DHCS to adopt ASAM treatment criteria as the minimum standard of care for licensed RTFs. [HSC § 11834.019]
- Grants DHCS the authority to implement a program certification procedure for alcohol and other drug (AOD) treatment recovery services and to develop standards and regulations for the AOD treatment recovery services describing the minimal level of service quality required of the service providers to qualify for and obtain state certification. [HSC § 11830.1]
- Grants DHCS the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs, including RTFs. [HSC § 118633]
- Establishes the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. [Welfare and Institutions Code (WIC) § 5920 et seq.]
- Provides that an individual qualifies for the CARE process only if all of the following criteria are met:
- The person is 18 years of age or older;
- The person is currently experiencing a severe mental illness, as specified, and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined;
- The person is not clinically stabilized in on-going voluntary treatment;
- At least one of the following is true:
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined.
- Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability; and,
- It is likely that the person will benefit from participation in a CARE plan or CARE agreement. [WIC § 5972(a)-(f)]
- The person is 18 years of age or older;
- Defines “CARE agreement” as a voluntary settlement agreement entered into by the parties, including the same elements as a CARE plan to support an individual in accessing community-based services and supports. [WIC § 5971(a)]
- Defines “CARE plan” as an individualized, appropriate range of community-based services and supports, which include clinically appropriate behavioral health care and stabilization medications, housing, and other supportive services. [WIC § 5971 (b)]
- Identifies the persons who may file a petition to initiate the CARE process, including, among others, a person with whom the respondent resides, the spouse or parent or other caregiver of the respondent, a first responder who has repeated interactions with the respondent, the director of a county behavior health agency in which the respondent resides or is found, or the respondent themselves. [WIC § 5974]
- Establishes the process by which a petition can be filed with the court and a hearing can be held to determine whether the respondent should be required to engage in behavioral health treatment, as specified. [WIC § 5975 et seq.]
- States that pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. [Penal Code (Pen) § 1001.1]
- Authorizes diversion programs for specified crimes [Pen § 1000 et seq. for drug abuse; Pen § 1001.12 et seq. for child abuse; Pen § 1001.70 et seq. for contributing to the delinquency of another, Pen § 1001.60 et seq. for writing bad checks] and for specific types of offenders [Pen § 1001.80 et seq. for veterans; Pen § 1001.35 et seq. for persons with mental disorders].
- States that the purpose of mental health diversion is to promote the following:
- Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety;
- Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings; and,
- Providing diversion that meets the unique mental health treatment and support needs of individuals with mental disorders. [Pen § 1001.35]
- Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety;
- Authorizes the court, after considering the positions of the defense and prosecution, to grant pretrial diversion to a defendant if the defendant meets specified criteria. [Pen § 1001.36 (a)-(b)]
- Provides that “pretrial diversion” for purposes of mental health diversion means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to specified conditions. [Pen § 1001.36 (c)]
- Provides that the counties of Alameda, Butte, Napa, Nevada, and Santa Clara may establish a pilot program to operate a deferred entry of judgment pilot program for certain eligible, young-adult defendants. [Pen § 1000.7 (a)]
FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, SUD is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. The author concludes that this voluntary pilot program in two counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety.
- BACKGROUND.
- Previous Legislation Authorizing SRTPs and Governor’s Veto Message: AB 1542 (McCarty), of the 2021-2022 Legislative Session was substantially similar to this bill, except that it would have authorized only Yolo County to establish a SRTP. The Governor vetoed AB 1542 and indicated:
- Previous Legislation Authorizing SRTPs and Governor’s Veto Message: AB 1542 (McCarty), of the 2021-2022 Legislative Session was substantially similar to this bill, except that it would have authorized only Yolo County to establish a SRTP. The Governor vetoed AB 1542 and indicated:
“I am returning Assembly Bill 1542 without my signature.
AB 1542 would authorize the County of Yolo to offer a pilot program that would allow individuals struggling with SUD, who have been convicted of qualifying drug-motivated crimes, to be placed in a SRTP.
I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for SUD is not the answer. While this pilot would give a person, the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants' long-term recovery from their SUD. For these reasons, I am returning this bill.”
AB 1928 (McCarty) of 2022, as introduced was also substantially similar to both this bill and AB 1542 . Unlike AB 1542, which applied only to Yolo County, AB 1928 would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish a SRTP. AB 1928 was held on suspense in the Assembly Appropriations Committee.
This bill is substantially similar to both AB 1542 and 1928 except for the number of counties which could have participated in the pilot programs. Similar to AB 1928, this bill would require the judge to make a finding that the defendant’s decision to enter treatment was “knowing, intelligent, and voluntary;” the county to develop and staff the program in partnership with relevant community-based organizations and drug treatment service providers; and, the program to provide an individualized treatment plan with MAT options and counseling based on the recommendations of a SUD specialist. This bill would also prohibit the facility from going into “lockdown.”
- Licensed RTFs and certified programs. RTFs licensed by DHCS, based on what is commonly referred to as the social model, provide recovery, treatment, or detoxification services. (The Department of Public Health licenses medical model RTFs, known as chemical dependency recovery hospitals.) The services provided by social model RTFs include group and individual counseling, educational sessions, and alcoholism or drug abuse recovery and treatment planning. Social model RTFs are allowed to provide clients first aid and emergency care, and since the passage of AB 848 (Stone), Chapter 744, Statutes of 2015, RTFs can apply to DHCS for an additional license to provide incidental medical services by a licensed physician and surgeon or other health care practitioner, as specified. SB 823 (Hill), Chapter 781, Statutes of 2018, requires DHCS to adopt ASAM treatment criteria as the minimum standard of care for licensed RTFs. DHCS also offers a voluntary facility certification to those programs that provide the following services: day treatment, outpatient, and nonresidential detoxification. The certification is granted to programs that exceed minimum levels of service quality and are in substantial compliance with state program certification standards. Certification is available to both residential and nonresidential programs. The majority of facilities licensed by DHCS are also certified. DHCS also certifies RTFs licensed by the Department of Social Services that provide SUD services to youth. As part of their licensing and certification functions, DHCS conducts reviews of licensed and certified programs every two years, or as necessary; checks for compliance with statute, regulations, and certification standards to ensure the health and safety of clients; investigates all complaints; and, has the authority to suspend or revoke a program’s license or certification for a violation of statute, regulations, and certification standards. It should be noted that DHCS does not currently license or certify locked or secured facilities and passage of this bill would require the development and adoption of new regulations in order to appropriately provide for the SRTP settings.
- Involuntary/Secured Treatment for SUDs. Despite widespread implementation of involuntary drug treatment worldwide, there appears to be little high-quality research available on its effectiveness. A comprehensive study was published in 2016, claiming to be the first of its kind, in the Journal of Drug Policy, “The Effectiveness of Compulsory Drug Treatment: A Systemic Review.” That study concluded that evidence does not, on the whole, suggest improved outcomes related to compulsory treatment approaches, with some studies suggesting potential harms. The study also stated that given the potential for human rights abuses within compulsory treatment settings, non-compulsory treatment modalities should be prioritized by policymakers seeking to reduce drug-related harms. It is worth noting that the study did not limit its assessment of compulsory drug treatment in detention centers, but also included compulsory treatment in inpatient and outpatient settings. Other research in “Offender Treatment: A Meta-Analysis of Effectiveness,” published in Criminal Justice and Behavior, found that mandated treatment was ineffective, particularly when the treatment was located in custodial settings, whereas voluntary treatment produced significant treatment effects regardless of setting. Likewise, two more reports, “Improving In-prison Rehabilitation Programs” by the California Legislative Analyst’s Office (LAO) and “Lifetime Benefits and Costs of Diverting Substance-Abusing Offenders from State Prison” in Crime and Delinquency, stress the importance of using evidence-based treatment modalities in community-based settings, rather than in prison, in order to effectively reduce recidivism. One important risk factor for criminal activity noted in the LAO report is antisocial relationships, such as the association with other criminal actors and isolation from noncriminal actors. While this bill is not specific about the operations of SRTFs, the author notes that participants in SRTFs would not be allowed to come and go from the SRTFs as they please, unlike in DHCS-licensed RTFs when residents leave the facility to attend school or work, or visit family.
- Overdose Rates and Negative Mental Health Outcomes for Incarcerated People:
This bill proposes to offer some offenders the option to consent to participation in a SRTP instead of serving their sentences in jail or prison. Research shows that incarceration can be traumatic. Incarcerated persons may suffer from “posttraumatic stress disorders, as well as other psychiatric disorders, such as panic attacks, depression and paranoia; subsequently, these prisoners find social adjustment and social integration upon release difficult. Moreover, incarcerated persons have an increased risk of overdose and death upon release.
According to a report by the Massachusetts Department of Public Health in 2016 analyzing available data on opioid deaths in the state, reports that those who have recently been released from Massachusetts prisons have a short-term risk of death from opioid overdose that is greater than 50 times the risk of the general public. Many of these deaths may be attributable to a loss of tolerance resulting from forced abstinence - CARE Act. On March 3, 2022, Governor Gavin Newsom announced a plan to give family-members, county and community-based social services, behavior health provides, or first responders the ability to petition a court to have a person placed into involuntary treatment for up to 24 months. According to the Governor’s announcement:
“CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It's a long-term strategy to positively impact the individual in care and the community around them. The plan focuses on people with schizophrenia spectrum and other psychotic disorders, who may also have substance use challenges, and who lack medical decision-making capacity and advances an upstream diversion from more restrictive conservatorships or incarceration.”
On September 14, 2022, SB 1338 (Umberg), Chapter 319, Statutes of 2022, was signed and the CARE Act was created. Individuals experiencing severe mental illness with a diagnosis of schizophrenia spectrum and other psychotic disorders qualify for the CARE process. Many people who have a SUD also struggle with mental disorders. The National Institute on Drug Abuse, Common Comorbidities with SUD Research Report (Apr. 2020) reported that indeed, patients with schizophrenia have higher rates of…drug use disorders than the general population.
- ASAM criteria. This bill calls for the SRTP to adopt the ASAM Treatment Criteria in providing treatment and services. Founded in 1954, ASAM is a professional medical society representing over 5,000 physicians, clinicians, and associated professionals in the field of addiction medicine. According to ASAM's website, the ASAM criteria, formerly known as the ASAM patient placement criteria, is the result of a collaboration that began in the 1980s to define one national set of criteria for providing outcome-oriented and results-based care in the treatment of addiction. Today, the criteria have become widely used for placement, continued stay, and transfer/discharge of patients with addiction and co-occurring conditions. ASAM’s criteria are required in over 30 states. ASAM has established five main levels in a continuum of care for SUD treatment:
- Level 0.5: Early intervention services;
- Level 1: Outpatient services;
- Level 2: Intensive outpatient/partial hospitalization services (Level 2 is subdivided into levels 2.1 and 2.5);
- Level 3: Residential/Inpatient services (Level 3 is subdivided into levels 3.1, 3.3, 3.5,and 3.7); and,
- Level 4: Medically managed intensive inpatient services.
- ASAM criteria. This bill calls for the SRTP to adopt the ASAM Treatment Criteria in providing treatment and services. Founded in 1954, ASAM is a professional medical society representing over 5,000 physicians, clinicians, and associated professionals in the field of addiction medicine. According to ASAM's website, the ASAM criteria, formerly known as the ASAM patient placement criteria, is the result of a collaboration that began in the 1980s to define one national set of criteria for providing outcome-oriented and results-based care in the treatment of addiction. Today, the criteria have become widely used for placement, continued stay, and transfer/discharge of patients with addiction and co-occurring conditions. ASAM’s criteria are required in over 30 states. ASAM has established five main levels in a continuum of care for SUD treatment:
According to its website, ASAM encourages patients to work with their treatment providers to create an individualized treatment plan based on ASAM’s assessment dimensions. The criteria views patients in their entirety, rather than by a single medical or psychological condition. This means it pays attention to the whole patient, including all of his or her life areas, as well as all risks, needs, strengths, and goals. Patients can become active participants in their own care; learn about, anticipate, and understand treatment options and protocols; and, use ASAM’s six dimensions, or life areas, to better understand how risks and strengths, skills, and resources in one life area can affect another. ASAM also provides treatment providers a holistic approach for determining individualized and outcome-driven treatment plans for patients. Using the criteria as a guide, practitioners can assist a patient from assessment through treatment; work with the patient to determine goals; help rank and rate all the patient’s risks, using ASAM’s multidimensional approach to determine where to focus treatment and services; and, determine intensity and frequency of services needed using ASAM’s detailed guides to levels of care. It should be noted that the ASAM criteria, while widely hailed as the “gold standard” for addiction treatment does not include locked and/or coerced SUD treatment in that they have not been proven as an effective treatment model.
- Proposition 36: The Substance Abuse and Crime Prevention Act (Prop 36). The state has implemented treatment in lieu of incarceration with the passage of Prop 36. Prop 36, was passed by 61% of California voters on November 7, 2000. This vote permanently changed state law to allow first- and second-time nonviolent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration. Prop 36 went into effect on July 1, 2001, with $120 million for treatment services allocated annually for five years. Over 36,000 Californians entered treatment each year through Prop 36.
Not all defendants convicted of a non-violent drug possession offense were eligible for probation and treatment under Prop 36. Under Prop 36, qualified defendants who were charged with non-violent drug possession had to complete a licensed and/or certified drug treatment program. The following defendants were ineligible for the program:
- Any defendant who had been incarcerated within the last five years for a serious or violent felony offense;
- Any defendant convicted in the same proceeding of a non-drug related misdemeanor or any felony;
- Any defendant who, during the commission of the offense, was in possession of a firearm;
- Any defendant who refused treatment; and,
- Any defendant who had two separate drug related convictions, had participated in Prop 36 twice before, and who was found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant was sentenced to 30 days in jail.
If the defendant failed to finish the program or violated any other term or condition of their probation, the probation could be revoked and the defendant could be ordered to serve an additional sentence – which may include time behind bars.
By July 2006, when initial funding for the program ran out, over 150,000 people benefited from Prop 36 treatment and California taxpayers saved about $1.3 billion. Requests for expanded funding in 2006 were ignored, and again in 2007, Governor Schwarzenegger threatened to keep funding at 2000 levels, which amounted to a significant cut.
The University of California at Los Angeles, which was chosen to run the required evaluation of Prop 36, issued five annual reports on the implementation and impact of the program beginning in 2003. The latest report, released in April 2007, showed that Prop 36 treatment was severely under-funded, and that as a result treatment quality was affected. According to researchers at the time, the program needed at least $228.6 million annually to provide adequate treatment.
Governor Arnold Schwarzenegger was critical of Prop 36 because many in the program failed to complete treatment. About 34% of drug offenders completed treatment. Governor Schwarzenegger attempted to modify Prop 36 which would have given judges the power to sentence jail time for a brief period to drug offenders who relapsed. Prop 36 supporters objected to the changes and an Alameda County court ordered an injunction on the reforms. Although Prop 36 continues to be law, the lack of funding stalled ongoing implementation.
- 2021 Multistate Opioid Settlement Agreement: This bill permits funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement to be used to reimburse treatment services given to program participants if those services are not reimbursable under Medi-Cal or through personal health care coverage.
A large coalition of the country’s leading medical and mental health groups, public policy organizations, and research centers worked together to develop recommendations for how best to spend funds received from the settlement. The resulting Principles for the Use of Funds From the Opioid Litigation recommended, among other things, spending money to bolster underfunded substance use and behavior health programs; funding initiatives that have been shown to work, such as harm reduction programs and communication campaigns to reduce stigma; investing in youth prevention; focusing on racial equity by elevating and expanding diversion programs and linking participants with community-based services; and developing a fair and transparent process for deciding where to spend settlement funds. Would spending funds from the settlement to reimburse treatment services for participants in programs that have not been shown to be effective be better allocated to interventions that have strong evidence for their efficacy?
- 2021 Multistate Opioid Settlement Agreement: This bill permits funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement to be used to reimburse treatment services given to program participants if those services are not reimbursable under Medi-Cal or through personal health care coverage.
- SUPPORT. The League of California Cities (the League) in a support position states that the National Institute of Health and the National Institute for Drug Abuse, estimate 65% of the United States (US) prison and jail populations have an active SUD. Another 20% did not meet the official criteria for a SUD, but were under the influence of drugs or alcohol at the time of the crime. Furthermore, the economic and societal costs of untreated substance abuse in the US now exceed $700 billion. The League states that this bill would provide the counties in consultation with the ASAM, county drug treatment providers, and other community stakeholders another treatment option for individuals suffering from SUD that commit repeat felonies due to their addiction. The program is voluntary and includes wrap around services, and if completed, patients would have their records expunged and sealed. In concluding, the League states they support additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone.
- OPPOSITION. The California Association of Alcohol and Drug Program Executives (CAADPE) opposes this bill because they believe it would create a program allowing judges to sentence people convicted of ‘drug-motivated crimes’ to a secured facility. It does not describe the conditions of the facility, or describe the qualifications of those who would be responsible for the treatment or security aspects of these facilities. While assuming that the author and proponents are well-intentioned, research strongly suggests that this approach would not be effective or fiscally responsible. CAADPE states further that research finds that coerced treatment is much more expensive than voluntary treatment, but has no demonstrable benefit in terms of treatment outcomes when compared to voluntary treatment. Studies also suggest that forced treatment makes individuals less trustful of SUD treatment, and therefore less likely to engage SUD treatment or other medical services in the future. CAADPE concludes that this bill would waste resources that could be better invested in voluntary services in the community. The costs for prosecutors, defense attorneys, judges, bailiffs, court staff, and whatever entity would be responsible for guarding people within the secured facility would likely take the lion’s share of any funding allocated to this program- -funding that should be going to community based treatment providers. This bill might actually increase the length of time people are under supervision of courts, or in jail, because people who do not complete treatment in the secured facility could be resentenced to incarceration. Instead of establishing an expensive, ineffective and potentially harmful coerced treatment program, CAADPE recommends that state and local funds prioritize expanding access to evidence-based, voluntary substance use disorder treatment and harm reduction services, permanent supportive housing, and access to other health and social services.
- OPPOSE UNLESS AMENDED. The California Public Defenders Association (CPDA) in an oppose unless amended position states that this bill is misguided, flies in the face of substantial evidence regarding the efficacy of community-based drug treatment and is a return to the failed policies of involuntary treatment, i.e., the California Rehabilitation Center (CRC) in Norco, California, which disproportionately harmed Black and Brown communities. This is particularly worrisome in a pilot program for Yolo County given the demographics and arrest rates of Blacks and other minorities. According to the Board of State and Community Corrections, Blacks represent 2.4% of the population of Yolo County but comprise almost 12.5% of the arrests, almost five times their representation. In concluding, CPDA states, they continue to offer to work with the author and other stakeholders including substance abusers to craft drug treatment policies that embrace modern advances in neuroscience coupled with current clinical treatment modalities. CPDA suggests that instead of creating yet another secure treatment facility, appropriate drug treatment should be provided to the individuals already in Yolo County jail. CPDA further requests amendments to provide:
- Voluntary treatment for people held pretrial or post-conviction in county jail, as well as persons on probation;
- Medications for addiction treatment, community outpatient or residential, based on the recommendation of SUD specialists;
- No locked setting separate from the county jail; and,
- Upon appropriation by the Legislature, provide for continuum of care in appropriate housing.
- RELATED LEGISLATION.
- AB 697 (Davies) establishes the Drug Court Success Incentives Pilot Program, which authorizes the Counties of Sacramento, San Diego, and Solano to offer up to $500 per month of supportive services to adult defendants who participate in the county’s drug court to encourage participation in, and successful completion of, drug court. AB 697 is pending hearing in the Assembly Appropriations Committee.
- AB 890 (Joe Patterson) requires a court to order a defendant who is granted probation for specified drug offenses involving fentanyl and other specified opiates to complete a fentanyl and synthetic opiate education program. AB 890 is pending hearing in Assembly Appropriations Committee.
- PREVIOUS LEGISLATION.
- AB 1928 would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from SUDs who have been convicted of drug-motivated felony crimes. AB 1928 was held on suspense in the Assembly Appropriations Committee.
- AB 1542 would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders who have been convicted of drug-motivated felony crimes. The Governor vetoed AB 1542 (see 2)a) above for the Veto Message.)
- AB 2877 (McCarty) of 2020, would have required a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance to participate in a drug treatment program as a condition of probation, if probation is imposed. AB 2877 did not receive a hearing in this Committee.
- AB 1928 would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from SUDs who have been convicted of drug-motivated felony crimes. AB 1928 was held on suspense in the Assembly Appropriations Committee.
- DOUBLE REFERRAL. This bill is double referred, it passed the Assembly Committee on Public Safety with a 7-0 vote on April 11, 2023.
- COMMITTEE AMENDMENTS.
- Sunset Date. As this bill is written the SRTP program would commence on January 1, 2024 and end on January 1, 2026. This two-year time period is insufficient time to establish the program, implement the program, and perform an outcomes evaluation. As such the Committee may wish to extend the sunset date January 1, 2029.
- Outcome Assessment Report. This bill calls for an outcomes assessment to be completed by an independent evaluator but is silent on when that assessment is to be completed by, to whom it should go and what it should entail. The Committee may wish to amend the bill to provide more specificity around the outcomes assessment.
Amend Section 1203.44(18) to read as follows:
(18) An outcomes assessment of the SRTP by each county and overall is completed by an independent evaluator and submitted to the Assembly and Senate Committees on Health and Public Safety and to the Legislature by October 1, 2030. The outcomes assessment shall include, but not be limited to a summary of the pertinent data collected under 1203.44 (19) and (20) over the course of the pilot; the clinical efficacy of the SRTP based on the data collected under 1203.44 (19) and (20); effects of the SRTP on participant recidivism and sustainable recovery; and, recommendation for continuation and or expansion of the SRTP model beyond the pilot program.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association (sponsor)
County of Yolo
League of California Cities
Opposition
California Association of Alcohol and Drug Executives, INC
Disability Rights California
Drug Policy Alliance
Initiate Justice
Analysis Prepared by: Judith Babcock / HEALTH / (916) 319-2097
Date of Hearing: April 11, 2023
Counsel: Andrew Ironside
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Authorizes the Counties of Sacramento and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of “drug-motivated” felony crimes. Specifically, this bill:
- Allows the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as “Hope California”, for individuals suffering from SUDs who have been convicted of drug-motivated felony crimes, as specified.
- Requires the pilot programs to align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible.
- Authorizes the Counties of Sacramento and Yolo to offer the pilot program to eligible individuals if the program meets all of the following conditions:
- The program facility is licensed by the State Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility;
- The program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA), with oversight provided by the county’s probation department;
- The program facility is not in a jail, prison, or other correctional setting;
- The program facility is secured but does not include a lockdown setting;
- The individual, upon a judge pronouncing a sentence to be served in a county jail or state person, must choose and consent to participate in the program in lieu of incarceration;
- The program is limited to one facility site per county;
- The DHCS monitors the program facility to ensure the health, safety, and well-being of program participants;
- The DHCS has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations;
- The program facility ensures that participants have visitation rights, including through the use of a telephone;
- The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment services providers to offer support services;
- The support services include, but are not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment;
- HHSA ensure that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM criteria, be performed for each individual identified as a candidate for the program;
- The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and psychological assessment and the recommendations of treatment providers;
- The program adopts the Treatment Criteria of ASAM;
- The program may take into consideration evolving best practices in the SUD treatment community;
- The program has a comprehensive written curriculum that informs the operation of the program and outlines the treatment and intervention modalities;
- The program provides an individualized, medically assisted treatment plan for each resident including, but not limited, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist;
- A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and psychological assessment and recommendations of treatment providers;
- The participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility after leaving the secured residential treatment facility;
- A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose alternative treatment program is knowing, intelligent, and voluntary;
- The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery;
- To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program;
- If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment;
- An outcomes assessment is completed by an independent evaluator; and,
- The county collects and monitors all of the following data for participants of the program:
- The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The participant’s criminal history;
- The participant’s risk level, as determined by the risk, needs, and psychological assessment;
- The treatment provided to the participant during the program, and if the participant completed that treatment;
- The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions; and,
- The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status;
- The county reports all of the following information annually to the DHCS and to the Legislature, excluding any personally identifiable information of participants:
- The risk, needs, and psychological assessment tool used for the program;
- The curriculum used by each program;
- The number of participants with a program length other than one year and the alternative program lengths used;
- Individual data on the number of participants in the program;
- Individual data, as specified; and,
- A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
- The risk, needs, and psychological assessment tool used for the program;
- The program facility is licensed by the State Department of Health Care Services (DHCS) as an alcoholism or drug abuse recovery or treatment facility;
- States that eligible drug-motivated crimes include any felony crime except sex crimes requiring sex offender registration, “serious” felonies, or “violent” felonies, as specified, and excluding nonviolent drug possession offenses.
- Requires the judge to offer the defendant voluntary participation in the pilot program as an alternative to a jail or prison sentence that the judge would otherwise impose at the time of sentencing or pronouncement of judgment in which sentencing is imposed if the following conditions are met:
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- The defendant’s crime was a felony, except for specified sex crimes or serious or violent felonies; and,
- The judge makes their determination based on the recommendation of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the report on whether to offer the defendant placement in the secured residential treatment program, as specified.
- The defendant’s crime was caused in whole or in part by the defendant’s SUD;
- States that the amount of time in the secured residential treatment facility is determined by the recommendations of the treatment providers who conducted the assessment.
- Requires that the amount of time, combined with any outpatient treatment or “step-down” residential treatment, does not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime.
- Prohibits the court from placing the defendant on probation for the underlying offense.
- Declares that the defendant is eligible to receive good conduct credits.
- Declares that the individual shall be on supervision with the probation department during the period in which an individual is participating in the pilot program.
- Requires a report to be prepared with input from any of the interested parties – including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider – to assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program.
- Authorizes the treatment providers or program administrators to recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program if they determine that continued participation in the program would not be in the best interest of the individual or the program.
- Requires the court to order the participant to be transferred out of the secured residential treatment phase of the program prior to the end of the original order and to order the participant to complete the remainder of the original sentence imposed prior to their consent to enter the program if the treatment providers or program administrators make such a recommendation.
- Authorizes a pilot program participant to request that the court terminate their participation in the program and that the participant be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence, after account for any credits to which they are entitled.
- Requires the court to order the participant be released prior to the end of the original order if the treatment providers make a recommendation to the court that the participant no longer needs to be in the secured residential treatment program.
- Requires the court to expunge and seal the conviction from the participant’s record if the participant successfully completes the court-ordered drug treatment program.
- Requires the court to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record if the participant successfully completes the secured residential treatment program.
- Declares that a participant’s completion of treatment must be defined and determined by the treatment providers and not by the court, district attorney’s office, or the probation department.
- Declares that the participant’s successful completion of treatment does not require the participant to complete the duration of the treatment originally ordered by the court.
- Requires the court to ensure that the rights of the victim under Marsy’s Law are honored before expunging the conviction.
- Sunsets the pilot program on January 1, 2026.
- Declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that the Counties of Sacramento and Yolo have experienced with regard to difficulties in treating individuals who have been convicted of drug-motivated crimes as a result of their substance use disorders.
- Includes legislative findings and declarations.
EXISTING LAW:
- Provides that an individual qualifies for the CARE process only if all of the following criteria are met:
- The person is 18 years of age or older;
- The person is currently experiencing a severe mental illness, as specified, and has a diagnosis identified in the disorder class: schizophrenia spectrum and other psychotic disorders, as defined;
- The person is not clinically stabilized in on-going voluntary treatment;
- At least one of the following is true:
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined.
- The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating; or,
- Participation in a CARE plan or CARE agreement would be the least restrictive alternative necessary to ensure the person’s recovery and stability; and,
- It is likely that the person will benefit from participation in a CARE plan or CARE agreement. (Welf. & Inst., § 5972, subds. (a)-(f).)
- The person is 18 years of age or older;
- Defines “CARE agreement” as a voluntary settlement agreement entered into by the parties, including the same elements as a CARE plan to support an individual in accessing community-based services and supports. (Welf. & Inst., § 5971, subd. (a).)
- Defines “CARE plan” as an individualized, appropriate range of community-based services and supports, which include clinically appropriate behavioral health care and stabilization medications, housing, and other supportive services. (Welf. & Inst., § 5971, subd. (b).)
- Identifies the persons who may file a petition to initiate the CARE process, including, among others, a person with whom the respondent resides, the spouse or parent or other caregiver of the respondent, a first responder who has repeated interactions with the respondent, the director of a county behavior health agency in which the respondent resides or is found, or the respondent themselves. (Welf. & Inst., § 5974.)
- Establishes the process by which a petition can be filed with the court and a hearing can be held to determine whether the respondent should be required to engage in behavioral health treatment, as specified. (Welf. & Inst., § 5975 et seq.)
- States that pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Pen. Code, § 1001.1.)
- Authorizes diversion programs for specified crimes (Pen. Code, §§ 1000 et seq. for drug abuse; Pen. Code, § 1001.12 et seq. for child abuse; Pen. Code, §§ 1001.70 et seq. for contributing to the delinquency of another, Pen. Code, §§ 1001.60 et seq. for writing bad checks) and for specific types of offenders (Pen. Code, §§ 1001.80 et seq. for veterans; Pen. Code, §§ 1001.35 et seq. for persons with mental disorders).
- States that the purpose of mental health diversion is to promote the following:
- Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety;
- Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings; and,
- Providing diversion that meets the unique mental health treatment and support needs of individuals with mental disorders. (Pen. Code, § 1001.35.)
- Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety;
- Authorizes the court, after considering the positions of the defense and prosecution, to grant pretrial diversion to a defendant if the defendant meets specified criteria. (Pen. Code, § 1001.36, subds. (a)-(b).)
- Provides that “pretrial diversion” for purposes of mental health diversion means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to specified conditions. (Pen. Code, § 1001.36, subd. (c).)
- Provides that the counties of Alameda, Butte, Napa, Nevada, and Santa Clara may establish a pilot program to operate a deferred entry of judgment pilot program for certain eligible, young-adult defendants. (Pen. Code, § 1000.7, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Substance use disorder is a public health issue and needs to be treated as such. It is clear that our jails and prisons are not working. We need to help people with their addictions through evidence based treatment. This voluntary pilot program in four counties will help those get the treatment they need, ultimately reducing recidivism and increasing public safety.”
- Former Legislation Authorizing Secured Treatment Pilot Programs and Governor’s Veto Message: AB 1542 (McCarty), of the 2021-2022 Legislative Session was substantially similar to this bill, except that it would have authorized only Yolo County to establish a secured residential drug treatment facility pilot program. The Governor vetoed the bill on October 8, 2021. In his veto message, the Governor said:
“I am returning Assembly Bill 1542 without my signature.
AB 1542 would authorize the County of Yolo to offer a pilot program that would allow individuals struggling with substance use disorders, who have been convicted of qualifying drug-motivated crimes, to be placed in a Secured Residential Treatment Program.
I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for substance use disorder is not the answer. While this pilot would give a person, the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants' long-term recovery from their substance use disorder. For these reasons, I am returning this bill.”
(Governor’s veto message on AB 1542 (Oct. 8, 2021) (2021-2022 Reg. Session) < https://www.gov.ca.gov/wp-content/uploads/2021/10/AB-1542-1082021.pdf>.)
Last year, AB 1928 (McCarty), was introduced and was substantially similar to the bill the governor vetoed. Unlike AB 1542, which applied only to Yolo County, AB 1928 would have applied to the Counties of San Joaquin, Santa Clara, and Yolo. AB 1928 was held on suspense in the Assembly Appropriations Committee.
This bill is substantially similar to the previous two bills. It would authorize Sacramento County and Yolo County to offer the secured residential treatment pilot programs. Unlike AB 1542, but like AB 1928, this bill would require the judge to make a finding that the defendant’s decision to enter treatment was “knowing, intelligent, and voluntary”; the county to develop and staff the program in partnership with relevant community-based organizations and drug treatment service providers; and the program to provide an individualized treatment plan with medication assisted treatment options and counseling based on the recommendations of a substance use disorder specialist. This bill would also prohibit the facility from going into “lockdown.”
- Efficacy of Compelled or Coerced Substance Use Treatment: This bill would require a judge, in the counties with the pilot programs, to offer a criminal defendant convicted of a felony the opportunity to go to a secured residential treatment facility instead of jail or prison after making a finding that the defendant’s decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
Opponents argue that offering the defendant the choice between jail/prison or treatment in a secured facility at the time of sentencing is so coercive as to undermine the presumption that consent was truly voluntary, that in effect treatment is compelled. Research shows that compelled treatment is ineffective. (Lunze et al, Mandatory addition treatment for people who use drugs: global health and human rights analysis, BMJ (June 9, 2016); Parhar et al., Offender Treatment: A Meta-Analysis of Effectiveness, Criminal Justice and Behavior (Sept. 2008) Vol. 35, No. 9, p. 1128, Sep. 2008 < https://studysites.sagepub.com/stohrstudy/articles/05/Parhar.pdf> [as of Mar. 7, 2022].)
However, some researchers distinguish between programs like the one proposed by this bill and compelled treatment. As the authors of a meta-analysis examining the effectiveness of compulsory drug treatment programs explain, “Compulsory drug treatment (particularly in inpatient settings) is often abstinence-based, and it is generally nested within a broader criminal justice-oriented response to drug-related harms. Compulsory treatment is distinct from coerced treatment, wherein individuals are provided with a choice, however narrow, to avoid treatment.” (Werb et. al, The Effectiveness of Compulsory Drug Treatment: A Systemic Review, Int’l J. of Drug Policy (Feb. 2016) 28:1-9, [excluding studies of “coerced or quasi-compulsory treatment (i.e., wherein individuals are provided with a choice between treatment and a punitive outcome such as incarceration…)” from its analysis]; see also, Bazazi, Commentary on Rafful et al. (2018): Unpacking involuntary interventions for people who use drugs, Addiction J. (2018) Vol. 113 at p. 1064.)
The evidence for the effectiveness of coerced treatment is mixed. (See e.g., Bright, Does coerced treatment of substance-using offenders lead to improvements in substance use and recidivism? A review of the treatment efficacy literature, Aust. Psychol. (2013) 48:69-81; Schuab et al., Comparing outcomes of ‘voluntary’ and ‘quasi-compulsory’ treatment of substance dependence in Europe, European Addiction Research, (2010) 16(1):53-60; Anglin et al, The Effectiveness of Coerced Treatment for Drug Abusing Offenders, UCLA Drug Abuse Research Center (1998) at pp. 5-10 [paper presented at the Office of National Drug Control Policy’s Conference of Scholars and Policy Makers, Washington, D.C., March 23-25, 1998].) Nevertheless, according to the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within the U.S. Department of Health and Human Services, “Coerced treatment by the criminal justice system has been shown to be at least as effective as non-coerced treatment, when time in treatment is held constant.” (SAMHSA, Substance Abuse Treatment For Adults in the Criminal Justice System: A Treatment Improvement Protocol (TIP) 44 (2005) at p. 22 [reprinted in 2014] [internal citations omitted] [“SAMHSA TIP 44”].)
One of the principal concerns with compelled or coerced treatment is that the person suffering from substance use disorder has not voluntarily agreed to treatment, and as such the treatment is likely to be ineffective. Research has found that “mandated treatment was ineffective, particularly when the treatment was located in custodial settings, whereas voluntary treatment produced significant treatment effect sizes regardless of setting.” (Parhar et al., supra.) Others question whether voluntariness at the time treatment begins necessarily impacts treatment outcomes. (Hatchel et al., Mandated Treatment and Its Impact on Therapeutic Process and Outcome Factors, Frontiers in Psychiatry (Apr. 12, 2019) Vol. 10, No. 219.) According to SAMHSA, “Offenders’ motivation for treatment may change over time; for example, as they become more familiar with peer mentors, counseling staff, program expectations, and their own self-defeating behaviors from the past.” (SAMHSA TIP 44, supra.)
Regardless, some policy-makers have supported efforts to compel persons suffering from severe mental illness and substance use disorders into treatment. (See Katz, Changing Focus: The Right to Treatment of Serious Mental Illness, SAMHSA (Apr. 16, 2018) <https://www.samhsa.gov/sites/default/files/the_right_to_treatment.pdf > [stating that “[s]tate civil commitment laws [are] inadequate to provide necessary treatment/treatment duration,” and that “[t]here is a failure to use…laws to compel treatment for individuals at risk of harm to [them]self or others.”].) On March 3, 2022, Governor Gavin Newsom announced a plan to give family-members, county and community-based social services, behavior health provides, or first responders the ability to petition a court to have a person placed into involuntary treatment for up to 24 months. (Wiley, California judges could order help for homeless Californians under Newsom’s new plan, L.A. Times (Mar. 3, 2022) <https://www.latimes.com/california/story/2022-03-03/california-judges-order-help-homeless-people-newsom-plan> [last visited Mar. 7, 2022].) According to the Governor’s announcement:
CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It's a long-term strategy to positively impact the individual in care and the community around them. The plan focuses on people with schizophrenia spectrum and other psychotic disorders, who may also have substance use challenges, and who lack medical decision-making capacity and advances an upstream diversion from more restrictive conservatorships or incarceration.
(CARE Court, Fact Sheet (Mar. 2022) <https://www.gov.ca.gov/wp-content/uploads/2022/03/Fact-Sheet_-CARE-Court-1.pdf>) On September 14, 2022, Governor Newsome signed into law the Community Assistance, Recovery, and Empowerment (CARE) Act. (SB 1338 (Umberg), Chapter 319, Statutes of 2022; Welf. & Inst. Code, § 5970, et seq.)
Individuals experiencing severe mental illness with a diagnosis of schizophrenia spectrum and other psychotic disorders qualify for the CARE process. Many people who have a substance use disorder also struggle with mental disorders, and there is an “especially pronounced [overlap] with serious mental illness.” (National Institute on Drug Abuse, Common Comorbidities with Substance Use Disorders Research Report (Apr. 2020) < https://nida.nih.gov/publications/research-reports/common-comorbidities-substance-use-disorders/part-1-connection-between-substance-use-disorders-mental-illness> [last visited Apr. 6, 2023].) Indeed, “Patients with schizophrenia have higher rates of…drug use disorders than the general population.” (Ibid.) Would there may be overlap between the population covered by CARE court and the one likely to be offered participation in the secured residential treatment pilot programs?
- Overdose Rates and Negative Mental Health Outcomes for Incarcerated People: This bill proposes to allow some offenders to participate in a secured residential treatment program instead of serving their sentences in jail or prison. Research shows that incarceration can be traumatic. Incarcerated persons may suffer from “posttraumatic stress disorders, as well as other psychiatric disorders, such as panic attacks, depression and paranoia; subsequently, these prisoners find social adjustment and social integration upon release.” (Mika’il DeVeaux, The Trauma of the Incarceration Experience, Harv. C.R.-C.L. L.Rev. (2013) at p. 258-259.)
Moreover, incarcerated persons have an increased risk of overdose and death upon release. According to a report by the Massachusetts Department of Public Health (MDPH) analyzing available data on opioid deaths in the state, “Those who have recently been released from Massachusetts prisons have a short-term risk of death from opioid overdose that is greater than 50 times the risk of the general public.” (MDPH, An Assessment of Opioid-Related Deaths in Massachusetts (2013-2014) (Sept. 2016) at p. 9; see also Binswanger et al., Release from Prison – A High Risk of Death for Former Inmates, The New England J. of Med. (Jan. 2007) Vol. 356, No. 2; Merall et. al, Meta-analysis of drug-related deaths soon after release from prison, Addiction J. (Sept. 2010) Vol. 105, No. 9.) Another found that “[p]eople released from prison are at up to 40 times higher risk of overdose in the time following release.” (Jurecka et at., Using Evidence to Inform Legislation Aimed at Curbing Fentanyl Deaths, JAMA Health Forum (Jan. 27, 2023) <https://jamanetwork.com/journals/jama-health-forum/fullarticle/2800863> [last visited Mar. 31, 2023].)
Many of these deaths may be attributable to a loss of tolerance resulting from forced abstinence. (Merall et. al, supra; see also Vo et al., Assessing HIV and overdose risks for people who use drugs exposed to compulsory drug abstinence programs (CDAP): A systemic review and meta-analysis, Int’l J. of Drug Policy (Oct. 2021) Vol. 96).)
- 2021 Multistate Opioid Settlement Agreement: This bill provides that funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement may be used to reimburse treatment services given to program participants if those services are not reimbursable under Medi-Cal or through personal health care coverage.
A large coalition of the country’s leading medical and mental health groups, public policy organization, and research centers worked together to develop recommendations for how best to spend funds received from the settlement. The resulting Principles for the Use of Funds From the Opioid Litigation recommended, among other things, spending money to bolster underfunded substance use and behavior health programs; funding initiatives that have been shown to work, such as harm reduction programs and communication campaigns to reduce stigma; investing in youth prevention; focusing on racial equity by elevating and expanding diversion programs and linking participants with community-based services; and developing a fair and transparent process for deciding where to spend settlement funds. (Johns Hopkins Bloomberg School of Public Health, Principles for the Use of Funds From the Opioid Litigation <https://opioidprinciples.jhsph.edu/> [last visited Mar. 9, 2022].)
Would spending funds from the settlement to reimburse treatment services for participants in programs that have not been shown to work be better allocated to interventions that have strong evidence for their efficacy? (See Jurecka et al., supra.)
- Procedure at Sentencing: This bill requires the judge to offer the pilot program to the defendant at the time of sentencing, which raises several issues. First, many of the offenders that fit the eligibility criteria for this program are also likely eligible for felony probation. (Pen. Code, § 1203.) Yet this bill states that any participant in the program cannot be placed on probation. Probation is often a preferable choice for defendants rather than any amount of time in custody, even at an alternative site such as a secured residential treatment facility. (Cf. Arnold et al., Drug Courts in the Age of Sentencing Reform, Center for Court Innovation (2020) p. 2 <https://www.innovatingjustice.org/sites/default/files/media/documents/2020-03/report_sentencingreform_03262020.pdf k\> [last viewed Mar. 31, 2023] [defendants refusing participation in drug court because the program was too long and intensive].) It may be difficult to find participants in the program if the consequences of doing so means that a defendant will lose the opportunity to be placed on probation.
Second, when probation is not imposed, crimes are punishable by a triad of determinate sentences. By default, a felony with an unspecified punishment is punishable by 16 months, 2, or 3 years in the county jail. (Pen. Code, § 1170, subd. (h)(1).) Imposition of the middle term is generally required, unless there are circumstances in aggravation or mitigation of the crime. California Rules of Court dictate that the sentencing judge may consider circumstances in aggravation or mitigation and any other factor reasonably related to the sentencing decision in order to select one of the three terms of punishment. The judge must state their reasons on the record for the term they select. It is not clear in this bill whether a judge would have to first sentence the defendant to a term of imprisonment before offering the program, or simply announce their intention to do so.
Third, this bill does not provide for the possibility that treatment providers may determine that an offender would benefit from treatment in a noncustodial setting. For example, upon evaluation, treatment providers may find that an individual would benefit from noncustodial inpatient treatment, sober living, and/or outpatient treatment; or that an offender’s substance use disorder was exacerbated by co-occurring issues, personal and/or social, that could be better addressed in an outpatient setting. Put differently, this bill appears to grant treatment providers the authority to influence determinations about custody only if they agree in advance that an offender’s needs will be addressed in secured residential treatment. A contrary finding would result in an offender spending time in jail or prison, which potentially places treatment providers in the position of making recommendations that they believe, based on a needs assessment, could cause harm.
Given the dangers of incarceration and the limitations of their authority, would treatment providers feel pressure to recommend secured residential treatment even for offenders for whom a lower level of care would be more appropriate? - Second Year Program Participation: This bill has a sunset date of January 1, 2026, two years after the date when the pilot programs would become effective. Would a person that treatment providers believe would benefit from secured residential treatment be excluded because the recommended treatment duration would extend beyond the sunset date? If so, many individuals evaluated during the second year of the pilot program would likely not qualify to participate.
- Argument in Support: According to the League of California Cities: “According to the National Institute of Health and the National Institute for Drug Abuse, an estimated 65% percent of the United States prison and jail populations have an active substance use disorder (SUD). Another 20% percent did not meet the official criteria for a SUD, but were under the influence of drugs or alcohol at the time of the crime. Furthermore, economic and societal costs of untreated substance abuse in the U.S. now exceed $700 billion.
“AB 1360 would provide the four counties in consultation with the American Society of Addiction Medicine, county drug treatment providers, and other community stakeholders another treatment option for individuals suffering from SUD that commit repeat felonies due to their addiction. The program is voluntary and includes wrap-around services, and if completed, patients would have their records expunged and sealed.
“Cal Cities supports additional funding and resources to address the substance use crisis through appropriate prevention and intervention efforts, educational awareness campaigns, and increased access to life-saving overdose treatment aids such as naloxone.” - Argument in Opposition: According to the California Association of Alcohol and Drug Program Executives: “AB 1360 would create a program allowing judges to sentence people convicted of ‘drug-motivated crimes’ to a secured facility, described as a ‘Secured Residential Treatment Program.’ It does not describe the conditions of the facility, or describe the qualifications of those who would be responsible for the treatment or security aspects of these facilities.
“We assume that the author and proponents are well-intentioned. However, research strongly suggests that this approach would not be effective or fiscally responsible. Research finds that coerced treatment is much more expensive than voluntary treatment, but has no demonstrable benefit in terms of treatment outcomes when compared to voluntary treatment. Studies also suggest that forced treatment makes individuals less trustful of substance use disorder (SUD) treatment, and therefore less likely to engage SUD treatment or other medical services in the future.
“Ultimately this bill would waste resources that could be better invested in voluntary services in the community. The costs for prosecutors, defense attorneys, judges, bailiffs, court staff, and whatever entity would be responsible for guarding people within the secure facility would likely take the lion’s share of any funding allocated to this program- -funding that should be going to community based treatment providers. Further, AB 1360 might actually increase the length of time people are under supervision of courts, or in jail, because people who do not complete treatment in the secured facility could be resentenced to incarceration.
“Instead of establishing an expensive, ineffective and potentially harmful coerced treatment program, we recommend that state and local funds prioritize expanding access to evidence-based, voluntary substance use disorder treatment and harm reduction services, permanent supportive housing, and access to other health and social services.” - Related Legislation:
- AB 697 (Davies), would establish the Drug Court Success Incentives Pilot Program, which authorizes the Counties of Sacramento, San Diego, and Solano to offer up to $500 per month of supportive services to adult defendants who participate in the county’s drug court to encourage participation in, and successful completion of, drug court. AB 697 is pending hearing in the Assembly Appropriations Committee.
- AB 890 (Joe Patterson), would require a court to order a defendant who is granted probation for specified drug offenses involving fentanyl and other specified opiates to complete a fentanyl and synthetic opiate education program. AB 890 is pending hearing in Assembly Appropriations Committee.
- AB 697 (Davies), would establish the Drug Court Success Incentives Pilot Program, which authorizes the Counties of Sacramento, San Diego, and Solano to offer up to $500 per month of supportive services to adult defendants who participate in the county’s drug court to encourage participation in, and successful completion of, drug court. AB 697 is pending hearing in the Assembly Appropriations Committee.
- Prior Legislation:
- AB 1928 (McCarty), of the 2021-2022 Legislative Session, would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes. AB 1928 was held on suspense in the Assembly Appropriations Committee.
- AB 1542 (McCarty), of the 2021 – 2022 Legislative Session, would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders who have been convicted of drug-motivated felony crimes. The Governor vetoed AB 1542.
- AB 2877 (McCarty), of the 2019 – 2020 Legislative Session, would have required a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance to participate in a drug treatment program as a condition of probation, if probation is imposed. AB 2877 did not receive a hearing in this Committee.
- AB 1928 (McCarty), of the 2021-2022 Legislative Session, would have authorized the Counties of San Joaquin, Santa Clara, and Yolo to establish pilot programs to offer secured residential treatment for qualifying individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes. AB 1928 was held on suspense in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
County of Yolo
League of California Cities
Opposition
CA Association of Alcohol and Drug Executives, INC
Disability Rights California
California Public Defenders Association (CPDA)
Analysis Prepared by:
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
40SEC
Senate Standing Committee on Appropriations
29MIN
Senate Standing Committee on Health
17MIN
Senate Standing Committee on Public Safety
2MIN
Assembly Floor
10MIN
Assembly Standing Committee on Health
23MIN
Assembly Standing Committee on Public Safety
Bill Author
