AB 1360 — Hope California: Secured Residential Treatment Pilot Program.

Summary

Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature. The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendant's crime was caused, in whole or in part, by the defendant's SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendant's participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified. The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participant's request, as specified. If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant's record. Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception. This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution. This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participant's personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the court's final judgment, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.

Bill Text

• Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 08/14/23 - Amended Senate pdf August 14, 2023
• Amended 07/05/23 - Amended Senate pdf July 05, 2023
• Amended 06/13/23 - Amended Senate pdf June 13, 2023
• Amended 04/20/23 - Amended Assembly pdf April 20, 2023
• Amended 03/28/23 - Amended Assembly pdf March 28, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1360 View text html

Action History

1. October 10, 2023

   Chaptered by Secretary of State - Chapter 685, Statutes of 2023.

2. October 10, 2023

   Approved by the Governor.

3. September 21, 2023

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3371.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 2630.).

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

9. September 01, 2023

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (September 1).

10. August 21, 2023

    In committee: Referred to APPR suspense file.

11. August 14, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

12. August 09, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

13. July 13, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 12). Re-referred to Com. on APPR.

14. July 05, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

15. June 27, 2023

    In committee: Hearing postponed by committee.

16. June 20, 2023

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 0.) (June 20). Re-referred to Com. on HEALTH.

17. June 13, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.

18. June 07, 2023

    Referred to Coms. on PUB S. and HEALTH.

19. May 26, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1777.)

21. May 18, 2023

    Read second time. Ordered to third reading.

22. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

23. May 18, 2023

    Coauthors revised.

24. May 03, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 24, 2023

    Re-referred to Com. on APPR.

26. April 20, 2023

    Read second time and amended.

27. April 19, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18).

28. April 12, 2023

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 0.) (April 11). Re-referred to Com. on HEALTH.

29. March 29, 2023

    Re-referred to Com. on PUB. S.

30. March 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

31. March 09, 2023

    Referred to Coms. on PUB. S. and HEALTH.

32. February 18, 2023

    From printer. May be heard in committee March 20.

33. February 17, 2023

    Read first time. To print.

Sponsors

• Blanca E. Rubio · Cosponsor
• McCarty · Primary
• Josh Hoover · Cosponsor
• Stephanie Nguyen · Cosponsor
• Dodd · Cosponsor
• Roger W. Niello · Cosponsor

Votes

Subjects