Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1750Introduced by Assembly Member Davies(Coauthor: Senator Bates)February 01, 2022 An act to amend Section 11373 of the Health and Safety Code, and to amend Section 1211 of the Penal Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1750, as amended, Davies. Controlled substances: treatment.Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minors parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendants willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for a violation of controlled substance offenses, as specified. This bill would allow the court to order the defendant, and a juvenile court to order a minor, to complete a controlled substance education or treatment program approved by the probation department, program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would clarify that the 20 hours or more of education or counseling shall include education about the dangers of using controlled substances, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11373 of the Health and Safety Code is amended to read:11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).SEC. 2. Section 1211 of the Penal Code is amended to read:1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1750Introduced by Assembly Member Davies(Coauthor: Senator Bates)February 01, 2022 An act to amend Section 11373 of the Health and Safety Code, and to amend Section 1211 of the Penal Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1750, as amended, Davies. Controlled substances: treatment.Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minors parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendants willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for a violation of controlled substance offenses, as specified. This bill would allow the court to order the defendant, and a juvenile court to order a minor, to complete a controlled substance education or treatment program approved by the probation department, program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would clarify that the 20 hours or more of education or counseling shall include education about the dangers of using controlled substances, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Assembly March 17, 2022
Amended IN Assembly March 17, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1750
Introduced by Assembly Member Davies(Coauthor: Senator Bates)February 01, 2022
Introduced by Assembly Member Davies(Coauthor: Senator Bates)
February 01, 2022
An act to amend Section 11373 of the Health and Safety Code, and to amend Section 1211 of the Penal Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1750, as amended, Davies. Controlled substances: treatment.
Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minors parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendants willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for a violation of controlled substance offenses, as specified. This bill would allow the court to order the defendant, and a juvenile court to order a minor, to complete a controlled substance education or treatment program approved by the probation department, program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee. This bill would clarify that the 20 hours or more of education or counseling shall include education about the dangers of using controlled substances, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minors parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendants willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for a violation of controlled substance offenses, as specified.
This bill would allow the court to order the defendant, and a juvenile court to order a minor, to complete a controlled substance education or treatment program approved by the probation department, program, as specified, if available. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, upon conviction of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.
Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both for each divertee.
This bill would clarify that the 20 hours or more of education or counseling shall include education about the dangers of using controlled substances, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11373 of the Health and Safety Code is amended to read:11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).SEC. 2. Section 1211 of the Penal Code is amended to read:1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11373 of the Health and Safety Code is amended to read:11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
SECTION 1. Section 11373 of the Health and Safety Code is amended to read:
### SECTION 1.
11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
11373. (a) Whenever any person who is otherwise eligible for probation is granted probation by the trial court after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.
If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the controlled substance education or treatment program to the extent the court determines that participation will aid the education or treatment of the minor.
If a minor is found by a juvenile court to have been in possession of any controlled substance, in addition to any other order it may make, the juvenile court shall order the minor to complete successfully a controlled substance education or treatment program approved by the probation department, as defined by pursuant to subdivision (c), or if none is available, from a local community agency designated by the court, and the juvenile court shall also order their parents or guardian to participate in the education or treatment to the extent the juvenile court determines that participation will aid the education or treatment of the minor.
(b) The willful failure to complete a court ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the persons inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.
(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department county drug program administrator and representatives of the court and county probation department, with input from substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs and shall solicit input from criminal justice agencies and the county drug program administrator. programs.
(2) The goal of a controlled substance education or treatment program shall be to stop controlled substance abuse, including the manufacture and distribution of controlled substances, to reduce the recidivism that occurs from the use of controlled substances, and, ultimately, to save lives. As such, a controlled substance education or treatment program shall include education about the dangers of using controlled substances, particularly unless under appropriate medical supervision. Such education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when manufactured or distributed.
(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned, and that the controlled substance education or treatment program include education about the dangers of controlled substances, particularly the grave health risk to those who ingest or are exposed to controlled substances and the extreme danger to human life when manufactured or distributed. imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
SEC. 2. Section 1211 of the Penal Code is amended to read:1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.
SEC. 2. Section 1211 of the Penal Code is amended to read:
### SEC. 2.
1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.
1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.
1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:(1) An initial assessment of each divertee, which may include all of the following:(A) Social, economic, and family background.(B) Education.(C) Vocational achievements.(D) Criminal history.(E) Medical history.(F) Drug history and previous treatment.(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.(3) An exit conference which shall reflect the divertees progress during their participation in the program.(4) Fee exemptions for persons who cannot afford to pay.(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:(A) Fees shall be used only for the purposes set forth in this chapter.(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.(C) Actual costs shall include both of the following:(i) All costs incurred by the providers of diversion programs.(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.
1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following:
(1) An initial assessment of each divertee, which may include all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Drug history and previous treatment.
(2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about the dangers ofcontrolled substances, particularly using controlled substances unless under appropriate medical supervision. This education may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who ingest or are exposed to controlled substances substances, and the extreme danger to human life when controlled substances are manufactured and distributed.
(3) An exit conference which shall reflect the divertees progress during their participation in the program.
(4) Fee exemptions for persons who cannot afford to pay.
(b) The county drug program administrator shall implement a certification procedure for drug diversion programs.
(c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following:
(1) Guidelines and criteria for education and treatment services, including standards of services which may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures, shall not exceed 15 persons at any one meeting.
(2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the persons progress.
(3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions:
(A) Fees shall be used only for the purposes set forth in this chapter.
(B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices.
(C) Actual costs shall include both of the following:
(i) All costs incurred by the providers of diversion programs.
(ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter.
(d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.