| The Ongoing Substance Abuse and Crime Prevention Act of 2005, sponsored by the law enforcement/criminal justice constituency, makes several changes in Prop. 36. As amended on May 2, the measure now includes the provisions agreed to by most of the members of the Proposition 36 Reauthorization & Restructuring Workgroup. It no longer includes in the definition of “drug treatment program” an in-custody drug treatment and education program.
As amended, the bill includes the following provisions:
Allows jail sanctions for SACPA probation violations of 2 days (48 hours) and 5 days (120 hours) for the first and second violations respectively.
Allows a court to place a defendant into a detoxification program, including in a county jail program if a non-jail program is unavailable, for up to 10 days for recent drug use.
Allows a court to retain probationers in SACPA or in a highly structured drug court program after a third violation (unlike existing law), with jail sanctions in the discretion of the court.
Requires a court to find that a potential SACPA defendant who was previously convicted of a serious or violent felony, but who has been crime and prison free for 5 years, does not pose a risk to the community and would benefit from treatment before admission to SACPA.
Provides that a potential SACPA defendant who was previously committed to prison on 3 separate occasions for non-drug felonies is presumed to not pose a risk to the community and would benefit from treatment, unless the court specifically finds otherwise.
Changes SACPA ineligibility based on a defendant's use of a gun while possessing or using cocaine, heroin, methamphetamine or PCP, so as to require exclusion of persons who possessed a deadly weapon with intent to use while possessing or using any controlled substance.
It states the Legislature’s intent to appropriate funds annually in the budget act, but does not specify a dollar amount. The bill provides that no incarceration costs will be reimbursed from the fund, but authorizes SACPA funding to be used for mandatory drug testing.
Provides that DADP shall conduct periodic (rather than annual) audits of county SACPA programs. The Department may require repayment of SACPA trust fund moneys, or may require the county to take corrective action without repayment.
Includes a severability clause providing that any portion of the bill that is found to be invalid will not affect the remaining provisions. |
These documents are saved in Adobe Acrobat format and
you must have Adobe Acrobat Reader to view the reports.