Bill Text: CA AB3178 | 2023-2024 | Regular Session | Introduced
Bill Title: Drug diversion programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-17 - From printer. May be heard in committee March 18. [AB3178 Detail]
Download: California-2023-AB3178-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3178
| Introduced by Assembly Member Jones-Sawyer |
February 16, 2024 |
An act to amend Section 1211 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 3178, as introduced, Jones-Sawyer.
Drug diversion programs.
Existing law allows individuals charged with specified crimes, including drug offenses, to qualify for deferred entry of judgment, known as diversion. 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, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
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, cultural, linguistic, 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 how the use of controlled substances affects the body and brain, factors that contribute to physical dependence, how to recognize and respond to the signs of drug overdose, and the dangers of using controlled substances unless under
appropriate medical supervision. This education shall be culturally and linguistically appropriate and 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 are exposed to controlled substances and the extreme danger to human life when controlled substances are manufactured and distributed.
(3) An exit conference which shall reflect the divertee’s 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 A program, regardless of how it is funded, may be
shall not 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 that 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 person’s 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 A fee shall not be required by any county other than that county where the program is located.
