California 2021-2022 Regular Session Status: Passed Senate 4 R cosponsors

SB 904 — Controlled substances: treatment.

Last action — August 11 hearing: Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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, and a juvenile court to order a minor, to complete a controlled substance education or treatment program, as specified, if available. 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 and representatives of the court and county probation department, with input from 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, upon conviction 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 clarify that the 20 hours or more of education or counseling shall 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, 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.

Bill Text

Action History

  1. August 11 hearing: Held in committee and under submission.

  2. June 29 set for first hearing. Placed on suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR.

  4. Referred to Com. on PUB. S.

  5. In Assembly. Read first time. Held at Desk.

  6. Read third time. Passed. (Ayes 38. Noes 0. Page 3983.) Ordered to the Assembly.

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

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

  10. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3774.) (May 19).

  11. Set for hearing May 19.

  12. May 16 hearing: Placed on APPR suspense file.

  13. Set for hearing May 16.

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

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3518.) (April 26).

  16. Set for hearing April 26.

  17. April 5 set for second hearing canceled at the request of author.

  18. Set for hearing April 5.

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

  20. March 22 set for first hearing. Testimony taken. Further hearing to be set.

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

  22. Set for hearing March 22.

  23. Referred to Com. on PUB. S.

  24. Joint Rule 55 suspended. (Ayes 31. Noes 6. Page 2880.)

  25. (Ayes 31. Noes 6.)

  26. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  27. From printer. May be acted upon on or after March 4.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Bates

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Special Consent SB904

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 22001
Republican 3001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Nielsen — Yea
Bradford — Yea
Borgeas — Yea
Roth — Yea
Gonzalez — Yea
Pan — Yea
Glazer — Yea
Dodd — Yea
Newman — Yea
Wilk — Yea
Atkins — Yea
Bates — Yea
Hueso — Yea
Wieckowski — Yea
Melendez — Yea
Skinner — Yea
Kamlager — Yea
Eggman — Yea
Portantino — Yea
Min — Yea
Rubio — Yea
Leyva — Yea
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 904 do?
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, and a juvenile court to order a minor, to complete a controlled substance education or treatment program, as specified, if available. 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 and representatives of the court and county probation department, with input from 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, upon conviction 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 clarify that the 20 hours or more of education or counseling shall 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, 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.
Who sponsors SB 904?
SB 904 is sponsored by Bates, Borgeas, Jones, Brian W. (Republican), Ochoa Bogh, Rosilicie (Republican), Chen, Phillip (Republican), and Davies, Laurie (Republican).
What is the current status of SB 904?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 904?
Track SB 904 free on One Click Politics — get push/email alerts when it moves.

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