SB 46 — Controlled substances: treatment.

Summary

Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the act requires the court to conduct a hearing, set aside the conviction, and dismiss the complaint if the court finds, among other requirements, that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. The act allows its amendment by a statute passed by 2/3 of both houses of the Legislature and requires that all amendments further the act and be consistent with its purposes. This bill would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed 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 minor's parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendant's 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 specified controlled substance violations. This bill would allow the court to order the defendant to complete a controlled substance education or treatment program, as specified, if available and as appropriate for the individual. The bill would require the court to determine the defendant's ability to pay for the program and would authorize the court to develop a sliding fee schedule based on the person's inability to pay, including making a person who is granted specified relief from court fees and costs not responsible for any costs. The bill would strike the requirement that a juvenile court order a minor and their parents or guardians to receive education or treatment. 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, with input from representatives of the court, the county probation department, and 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, when a defendant is convicted 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 require that the 20 hours or more of education or counseling include education about, among other things, how the use of controlled substances affects the body and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would incorporate additional changes to Section 11373 of the Health and Safety Code proposed by AB 890 to be operative only if this bill and AB 890 are enacted and this bill is enacted last.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 09/07/23 - Amended Assembly pdf September 07, 2023
• Amended 06/29/23 - Amended Assembly pdf June 29, 2023
• Amended 05/18/23 - Amended Senate pdf May 18, 2023
• Amended 03/21/23 - Amended Senate pdf March 21, 2023
• Amended 03/06/23 - Amended Senate pdf March 06, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• SB46 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State. Chapter 481, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 18, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 12, 2023

   Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2669.) Ordered to engrossing and enrolling.

5. September 11, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 11, 2023

   Read third time. Passed. (Ayes 80. Noes 0. Page 3147.) Ordered to the Senate.

7. September 07, 2023

   Ordered to third reading.

8. September 07, 2023

   Read third time and amended.

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    From committee: Do pass. (Ayes 16. Noes 0.) (September 1).

11. August 16, 2023

    August 16 set for first hearing. Placed on suspense file.

12. June 29, 2023

    Read second time and amended. Re-referred to Com. on APPR.

13. June 28, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 27).

14. June 08, 2023

    Referred to Com. on PUB. S.

15. May 31, 2023

    In Assembly. Read first time. Held at Desk.

16. May 30, 2023

    Read third time. Passed. (Ayes 40. Noes 0. Page 1357.) Ordered to the Assembly.

17. May 22, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    Read second time and amended. Ordered to second reading.

19. May 18, 2023

    From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1158.) (May 18).

20. May 12, 2023

    Set for hearing May 18.

21. April 17, 2023

    April 17 hearing: Placed on APPR suspense file.

22. April 10, 2023

    Set for hearing April 17.

23. March 21, 2023

    Read second time and amended. Re-referred to Com. on APPR.

24. March 20, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 340.) (March 14).

25. March 06, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.

26. February 23, 2023

    Set for hearing March 14.

27. January 18, 2023

    Referred to Com. on PUB S.

28. December 06, 2022

    From printer. May be acted upon on or after January 5.

29. December 05, 2022

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Roth · Primary
• Thomas J. Umberg · Cosponsor
• Sabrina Cervantes · Cosponsor

Votes

Subjects