Bill Text: CA AB890 | 2023-2024 | Regular Session | Amended

California Assembly Bill 890

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances: probation.

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 818, Statutes of 2023. [AB890 Detail]

Download: California-2023-AB890-Amended.html

Amended IN Senate June 14, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 890

Introduced by Assembly Member Joe Patterson
(Coauthors: Assembly Members Alanis, Bains, Hoover, ~~and Mathis)~~ Lackey, Mathis, and Petrie-Norris)
(Coauthors: Senators Alvarado-Gil, Jones, Nguyen, and Ochoa Bogh)

February 14, 2023

An act to amend Section 11373 of, and to add Section 11356.6 to, the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

AB 890, as amended, Joe Patterson. Controlled substances: probation.

Existing law prohibits the possession, sale, and transport, as specified, of certain controlled substances. Existing law requires a person granted probation for controlled substance offenses to, as a condition of probation, secure education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service.

This bill would require the court to order a person granted probation pursuant to those provisions for a violation of specified laws involving any amount of fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, to successfully complete a fentanyl and synthetic opiate education program, if one is available. The bill would require the court, when referring a person to a program, to determine the defendant’s ability to pay and to develop a sliding fee schedule for the program if the court finds that the defendant is financially unable to pay.

The bill would require a court ordering a defendant to complete those courses to only order the defendant to participate in programs approved by the State Department of Public Health. The bill would require the department to, among other things, set education provider ~~standards,~~ standards and approve program ~~providers, and conduct periodic audits of probation departments and program providers to ensure compliance.~~ providers. The bill would require the education programs to include, among other things, information regarding the nature and addictive elements of fentanyl and other synthetic opiates and their danger to a person’s life and health. The bill would require ~~probation departments~~ program providers to report an unexcused absence by a defendant from a fentanyl and synthetic opiate education program to the court and the probation department within 2 business days. ~~By imposing additional duties on local probation departments, this bill would create 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11356.6 is added to the Health and Safety Code, to read:

11356.6.

(a) The court shall refer a defendant subject to paragraph (2) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program that has been approved by the State Department of Public Health pursuant to subdivision (b) of this section.

(b) The State Department of Public Health shall oversee the fentanyl and synthetic opiate education program. The department shall be responsible for all of the following:

(1) ~~Collaborating with relevant stakeholders~~ Receiving input from, and collaborating with, relevant stakeholders, including, but not limited to, probation departments, to set education provider standards.

(2) Approving, monitoring, and renewing approvals of program ~~providers.~~ providers to ensure compliance with this section.

~~(3)Conducting periodic audits of probation departments and program providers to ensure compliance with this section.~~
~~(4)~~

(3) Developing comprehensive, statewide standards through regulations, including, but not limited to, standards for program provider curricula and the training of program staff.

~~(5)~~

(4) Identifying and developing ~~a comprehensive final assessment tool to assess~~ requirements to determine whether a defendant has satisfactorily completed the requirements of the program.

~~(6)~~

(5) Analyzing the effectiveness of programs, including, but not limited to, thorough tracking of relevant participant and program data.

(c) The fentanyl and synthetic opiate education program shall include education on the dangers of fentanyl and other synthetic opiates, including, but not limited to, information on all of the following:

(1) How the use of fentanyl and synthetic opiates affects the body and brain.

(2) The dangers of fentanyl and other synthetic opiates to a person’s life and health.

(3) Factors that contribute to physical dependence.

(4) The physical and mental health risks associated with substance use disorders.

(5) How to recognize and respond to the signs of a drug overdose, including information regarding access to, and the administration of, opiate antagonists and immunity for reporting a drug-related overdose pursuant to Section 11376.5.

(6) The legality of drug testing equipment pursuant to subdivision (g) of Section 11364.5.

(d) The education may also include the criminal penalties for controlled substance offenses regarding fentanyl and other synthetic opiates.

(e) The education shall be culturally and linguistically appropriate.

(f) The court may allow a defendant to participate in a fentanyl and synthetic opiate education program via remote technology, if one is available.

(g) The program provider shall report to the probation department ~~shall report~~ and the court an unexcused absence by a defendant from a fentanyl and synthetic opiate education program ~~to the court~~ within two business days. A defendant who is absent from a session of the fentanyl and synthetic opiate education program shall be required to complete any and all components of the fentanyl and synthetic opiate education program that the defendant did not attend.

(h) The department shall only approve programs that follow the fee structure set pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 11373.
~~(h)~~

(i) As used in this section, “opiate” includes “opioid” drugs.

SEC. 2.

Section 11373 of the Health and Safety Code is amended to read:

11373.

(a) (1) (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 secure education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service.

(B) If the defendant is a minor, the trial court shall also order their parents or guardian to participate in the education or treatment to the extent the court determines that participation will aid the education or treatment of the minor.

(C) 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 receive education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service, and it shall also order their parents or guardian to participate in the education or treatment to the extent the court determines that participation will aid the education or treatment of the minor.

(2) (A) To fulfill the requirements of paragraph (1), whenever a defendant is granted probation by the trial court after conviction for a violation of Section 11350, 11351, or 11352 involving any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the trial court shall order that person to successfully complete a fentanyl and synthetic opiate education program, if one is available.

(B) When referring a person pursuant to this paragraph, the court shall determine the defendant’s ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule for the program based on the defendant’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs.

(b) The willful failure to complete a court ordered 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 person’s 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.

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.