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.

Statutes affected:
SB46: 11373 HSC, 1210 PEN, 1211 PEN
12/05/22 - Introduced: 11373 HSC, 1210 PEN, 1211 PEN
03/06/23 - Amended Senate: 11373 HSC, 1210 PEN, 1211 PEN
03/21/23 - Amended Senate: 11373 HSC, 1210 PEN, 1211 PEN
05/18/23 - Amended Senate: 11373 HSC, 1210 PEN, 1211 PEN
06/29/23 - Amended Assembly: 11373 HSC, 1210 PEN, 1211 PEN
09/07/23 - Amended Assembly: 11373 HSC, 11373 HSC, 1210 PEN, 1211 PEN
09/14/23 - Enrolled: 11373 HSC, 11373 HSC, 1210 PEN, 1211 PEN
10/08/23 - Chaptered: 11373 HSC, 11373 HSC, 1210 PEN, 1211 PEN
SB 46: 11373 HSC, 1210 PEN, 1211 PEN