Amended IN Senate July 03, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly April 23, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2106Introduced by Assembly Member McCartyFebruary 05, 2024An act to add Section 1203.044 to the Penal Code, relating to probation.LEGISLATIVE COUNSEL'S DIGESTAB 2106, as amended, McCarty. Probation.Existing law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation for a period not to exceed one year, except for offenses for which existing law prescribes specific probation lengths.This bill would require, in instances where a defendant is charged with a controlled substances substance offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases, and upon those terms and conditions as the court determines, including a court-mandated the court to order a drug treatment program or drug education. education, if an appropriate program with capacity to accept the defendant has been identified by the probation officer. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program. authorize a court to revoke probation and impose a new grant of probation if the court determines the defendant has willfully failed to comply with the treatment program or education.By extending the duration of probation, expanding the duties of probation officers, this bill would impose a state-mandated local program.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.SEC. 2. 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 Senate July 03, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly April 23, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2106Introduced by Assembly Member McCartyFebruary 05, 2024An act to add Section 1203.044 to the Penal Code, relating to probation.LEGISLATIVE COUNSEL'S DIGESTAB 2106, as amended, McCarty. Probation.Existing law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation for a period not to exceed one year, except for offenses for which existing law prescribes specific probation lengths.This bill would require, in instances where a defendant is charged with a controlled substances substance offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases, and upon those terms and conditions as the court determines, including a court-mandated the court to order a drug treatment program or drug education. education, if an appropriate program with capacity to accept the defendant has been identified by the probation officer. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program. authorize a court to revoke probation and impose a new grant of probation if the court determines the defendant has willfully failed to comply with the treatment program or education.By extending the duration of probation, expanding the duties of probation officers, this bill would impose a state-mandated local program.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: YES
Amended IN Senate July 03, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly April 23, 2024 Amended IN Assembly March 21, 2024
Amended IN Senate July 03, 2024
Amended IN Assembly May 16, 2024
Amended IN Assembly April 23, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2106
Introduced by Assembly Member McCartyFebruary 05, 2024
Introduced by Assembly Member McCarty
February 05, 2024
An act to add Section 1203.044 to the Penal Code, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2106, as amended, McCarty. Probation.
Existing law authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation for a period not to exceed one year, except for offenses for which existing law prescribes specific probation lengths.This bill would require, in instances where a defendant is charged with a controlled substances substance offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases, and upon those terms and conditions as the court determines, including a court-mandated the court to order a drug treatment program or drug education. education, if an appropriate program with capacity to accept the defendant has been identified by the probation officer. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program. authorize a court to revoke probation and impose a new grant of probation if the court determines the defendant has willfully failed to comply with the treatment program or education.By extending the duration of probation, expanding the duties of probation officers, this bill would impose a state-mandated local program.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 authorizes courts to suspend the imposition or execution of punishments in misdemeanor cases and instead enforce the terms of probation for a period not to exceed one year, except for offenses for which existing law prescribes specific probation lengths.
This bill would require, in instances where a defendant is charged with a controlled substances substance offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases, and upon those terms and conditions as the court determines, including a court-mandated the court to order a drug treatment program or drug education. education, if an appropriate program with capacity to accept the defendant has been identified by the probation officer. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program. authorize a court to revoke probation and impose a new grant of probation if the court determines the defendant has willfully failed to comply with the treatment program or education.
By extending the duration of probation, expanding the duties of probation officers, this bill would impose a state-mandated local program.
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 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.SEC. 2. 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 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
SECTION 1. Section 1203.044 is added to the Penal Code, to read:
### SECTION 1.
1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.(b) For purposes of this section, the following terms have the following meanings:(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Section 1203a, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases, and upon those terms and conditions as the court shall determine, including a court-mandated In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code. Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.
(2)Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.
(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.
(b) For purposes of this section, the following terms have the following meanings:
(1)Drug drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.
(2)Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
SEC. 2. 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. 2. 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. 2. 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. 2.