BILL NUMBER: SB 803 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
FEBRUARY 22, 2005
An act to amend Sections 11999.5, 11999.6, and 11999.9 of the
Health and Safety Code, and to amend Sections 1210 and 1210.1 of the
Penal Code, relating to drug treatment, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 803, as introduced, Ducheny. Ongoing Substance Abuse and
Crime Prevention Act of 2005.
Existing law, the Substance Abuse and Crime Prevention Act of
2000, was enacted by the voters at the November 2000 general
election. Amendment of the act by the Legislature requires a 2/3 vote
of both houses of the Legislature. The act requires all amendments
to it to further the act and be consistent with its purposes. The act
defines "drug treatment program" for purposes of the act, and
specifically excludes in-custody drug treatment from that definition.
This bill would include in that definition an in-custody drug
treatment and education program.
The act defines "successful completion of treatment" as a
defendant who has completed the prescribed course of treatment and,
as a result, there is reasonable cause to believe that the defendant
will not abuse controlled substances in the future.
This bill would instead define "successful completion of treatment"
as a defendant who has completed the prescribed course of treatment
and has continued thereafter to refrain from the use of drugs during
the period of probation.
The act requires any person convicted of a nonviolent drug
possession offense to receive probation. As a condition of probation,
the court is required to require a defendant to participate in, and
complete, an appropriate drug treatment program. The act prohibits
the imposition of incarceration as a condition of probation.
This bill would require drug testing as a condition of probation,
and would authorize a court to order a limited sentence of
incarceration in a county jail, as specified. The bill would require
a person subject to the act to be monitored by the court, as
specified, with a regimen of graduated sanctions.
The act does not apply to a defendant who has been convicted of
one or more serious or violent felonies, unless the nonviolent drug
possession offense occurred more than 5 years after the defendant was
free from custody for the prior offense and from the commission of
other types of crimes against a person.
This bill would add the condition that the court finds that the
defendant does not pose a threat to the community and would benefit
from a drug treatment program, and would prohibit a person who has
previously served 3 separate prison terms for non drug-related
felonies from benefitting from the provisions of the bill, unless the
court makes that finding.
The act does not apply to any defendant who, while using a firearm
unlawfully possesses or is unlawfully under the influence of certain
controlled substances.
This bill would instead make its provisions inapplicable to any
defendant who, while armed with a deadly weapon unlawfully possesses
or is under the influence of certain controlled substances.
Under the act, a defendant may petition the sentencing court for
dismissal of the charges at any time after completion of drug
treatment.
This bill would authorize a defendant to petition the court for
dismissal of the charges after completion of drug treatment and all
other terms of probation.
Under the act, once the indictment, complaint, or information is
dismissed, a record pertaining to the arrest and conviction for that
offense may not be used to deny the defendant employment.
This bill would except employment in a position that involves the
safety of the public from that provision.
Under the act, if a defendant violates probation, as specified,
the court may revoke probation or it may intensify or alter the drug
treatment plan.
This bill would authorize a court to also order incarceration for
a specified period, in order to enhance treatment compliance, and in
some circumstances, to order the defendant to complete an in-custody
drug treatment program.
The act appropriates $60,000,000 per year for purposes of the act,
through the 2005-06 fiscal year. The act prohibits money
appropriated for its purposes to be used for drug testing.
This bill would appropriate $150,000,000 per year through the
2010-11 fiscal year. The bill would authorize money appropriated for
its purposes to be used for mandatory drug testing.
Existing law requires an annual study to evaluate the
effectiveness of the act.
This bill would change the items to be included in that study.
Because the bill would increase punishment for crimes, including
authorizing jail time, the bill would create a state-mandated local
program.
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 no reimbursement is required by this
act for a specified reason.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Ongoing Substance Abuse and Crime Prevention Act of 2005.(b) The
Legislature finds and declares all of the followings:
(1) The people of the State of California voted to approve
Proposition 36, the Substance Abuse and Crime Prevention Act of 2000,
in the November 2000 general election. The voters declared their
intent in that act to do all of the following:
(A) Divert from incarceration into community-based substance abuse
treatment programs nonviolent defendants, probationers and parolees
charged with simple drug possession or drug use offenses.
(B) Halt the wasteful expenditure of hundreds of millions of
dollars each year on the incarceration and reincarceration of
nonviolent drug users who would be better served by community-based
treatment.
(C) Enhance public safety by reducing drug-related crime and
preserving jails and prison cells for serious and violent offenders,
and to improve public health by reducing drug abuse and drug
dependence through proven and effective drug treatment strategies.
(c) Based on the experience in the implementation of the Substance
Abuse and Crime Prevention Act of 2000, the evidence demonstrates
all of the following:
(1) Drug dependent criminal offenders who receive drug treatment
are far more likely to stop the abuse of drugs and commission of
future crimes, as well as lead healthier, more stable and more
productive lives, if they in fact successfully complete the required
drug treatment program.
(2) Drug dependent criminal offenders who receive drug treatment
are far more likely to complete the drug treatment program if they
are monitored and supervised by courts that use the drug court model
through dedicated calendars and include a regimen of graduated
sanctions and rewards, close collaboration between the court,
treatment providers and probation, drug testing commensurate with
treatment needs, and appropriate court monitoring and supervision of
progress through frequent review hearings.
(3) Drug dependent criminal offenders who are unable to succeed in
community treatment and remain drug and crime free while on
probation will benefit from structured jail treatment programs
followed by a return to community treatment. Evidence also
demonstrates that incarceration is an effective tool in both
treatment and prevention.
(4) The costs of treatment, probation supervision, court
monitoring, and drug testing for the substantial number of eligible
defendants sentenced under that act is one hundred fifty million
dollars ($150,000,000) per year.
(d) Using the drug court model through the Drug Court Partnership
Act of 1998 (Sec. 11970, H.& S.C.) and the Comprehensive Drug Court
Implementation Act of 1999 (Sec. 11970.1, H.& S.C.) has resulted in a
reduction in the expenditures each year of state and county funding
for the incarceration and reincarceration of nonviolent drug users
who would be better served by drug court supervised community
treatment. This model should be utilized for defendants sentenced
under the Substance Abuse and Crime Prevention Act of 2000 as well.
(e) Mandatory drug testing and the reporting of drug test results
to the court serves as an effective treatment tool in determining the
appropriate treatment program for the defendant, enables the court
to hold the defendant accountable to refrain from the continued use
of drugs, and enhances public safety.
SEC. 2. Section 11999.5 of the Health and Safety Code is amended
to read:
11999.5. Funding Appropriation Upon passage
of this act, $60,000,000 shall be continuously appropriated from the
General Fund to the Substance Abuse Treatment Trust Fund for the
2000-01 fiscal year. There is hereby continuously appropriated from
the General Fund to the Substance Abuse Treatment Trust Fund an
additional $120,000,000 for the 2001-02 fiscal year, and
an additional sum of $120,000,000 for each such
subsequent fiscal year concluding with
until the 2005-06 fiscal year , an additional sum of
one hundred fifty million dollars ($150,000,000) for the 2006-07
fiscal year, and an additional sum of one hundred fifty million
dollars ($150,000,000) in each subsequent fiscal year, until the
2010-11 fiscal year . These funds shall be transferred to the
Substance Abuse Treatment Trust Fund on July 1 of each of these
specified fiscal years. Funds transferred to the Substance Abuse
Treatment Trust Fund are not subject to annual appropriation by the
Legislature and may be used without a time limit. Nothing in this
section precludes additional appropriations by the Legislature to the
Substance Abuse Treatment Trust Fund.
SEC. 3. Section 11999.6 of the Health and Safety Code is amended
to read:
11999.6. Distribution of Monies from Substance Abuse
Treatment Trust Fund Monies deposited in the Substance
Abuse Treatment Trust Fund shall be distributed annually by the
Secretary of the Health and Human Services Agency through the State
Department of Alcohol and Drug Programs to counties to cover the
costs of placing persons in and providing (a)
drug treatment programs under this act, and (b)
vocational training, family counseling and literacy training under
this act. Additional costs that may be reimbursed from the Substance
Abuse Treatment Trust Fund include probation department costs, court
monitoring costs and any miscellaneous costs made necessary by the
provisions of this act other than , including
mandatory drug testing services of any kind. Such
. Those monies shall be allocated to counties
through a fair and equitable distribution formula that includes, but
is not limited to, per capita arrests for controlled substance
possession violations and substance abuse treatment caseload, as
determined by the department as necessary to carry out the purposes
of this act. The department may reserve a portion of the fund to pay
for direct contracts with drug treatment service providers in
counties or areas in which the director of the department has
determined that demand for drug treatment services is not adequately
met by existing programs. However, nothing in this section shall be
interpreted or construed to allow any entity to use funds from the
Substance Abuse Treatment Trust Fund to supplant funds from any
existing fund source or mechanism currently used to provide substance
abuse treatment.
SEC. 4. Section 11999.9 of the Health and Safety Code is amended
to read:
11999.9. Annual Evaluation Process The
department shall annually conduct a study to evaluate the
effectiveness and financial impact of the programs that are funded
pursuant to the requirements of this act. The study shall include
, but not be limited to, a study of the implementation
process, a review of lower incarceration costs, reductions in crime,
reduced prison and jail construction, reduced welfare costs, the
adequacy of funds appropriated, and any other impacts or issues the
department can identify criminal justice statistical
data on rearrests and convictions of defendants after their
sentencing under this act by crime type, as well as the impact, if
any, of the programs on statewide crime trends, actual prison bed
days saved and jail bed days saved as a result of the programs funded
under this act, the adequacy of funds appropriated, and any other
impacts or issues the department can identify that specifically
relate to the reduction of crime and direct savings in prison and
jail costs, as well as local law enforcement, court, court-related,
custody administration, and other criminal justice costs .
SEC. 5. Section 1210 of the Penal Code is amended to read:
1210. Definitions As used in Sections 1210.1
and 3063.1 of this code, and Division 10.8 (commencing with Section
11999.4) of the Health and Safety Code , the following
definitions apply :
(a) The term "nonviolent drug possession offense" means the
unlawful personal use, possession for personal use, or transportation
for personal use of any controlled substance identified in Section
11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, or
the offense of being under the influence of a controlled substance
in violation of Section 11550 of the Health and Safety Code. The term
"nonviolent drug possession offense" does not include the possession
for sale, production, or manufacturing of any controlled substance
and does not include violations of Section 4573.6 or 4573.8.
(b) The term "drug treatment program" or "drug treatment" means a
state licensed and/or or certified
community drug treatment program, which may include one or more of
the following: outpatient treatment, half-way house treatment,
narcotic replacement therapy, drug education or prevention courses
and/or limited inpatient or residential drug treatment as needed to
address special detoxification or relapse situations or severe
dependence , or an in-custody drug treatment and
education program in a county jail . The term "drug treatment
program" or "drug treatment" includes a drug treatment program
operated under the direction of the Veterans Health Administration of
the Department of Veterans Affairs or a program specified in Section
8001 ; such a . That type of program
shall be eligible to provide drug treatment services without regard
to the licensing or certification provisions required by this
subdivision. The term "drug treatment program" or "drug
treatment" does not include drug treatment programs offered in a
prison or jail facility.
(c) The term "successful completion of treatment" means that a
defendant who has had drug treatment imposed as a condition of
probation has completed the prescribed course of drug treatment and
, as a result, there is reasonable cause to believe that the
defendant will not abuse controlled substances in the future
has continued thereafter to refrain from the use of
drugs during the period of probation .
(d) The term "misdemeanor not related to the use of drugs" means a
misdemeanor that does not involve (1) the simple possession or use
of drugs or drug paraphernalia, being present where drugs are used,
or failure to register as a drug offender, or (2) any activity
similar to those listed in paragraph (1).
SEC. 6. Section 1210.1 of the Penal Code is amended to read:
1210.1. Possession of Controlled Substances; Probation;
Exceptions (a) Notwithstanding any other provision of law,
and except as provided in subdivision (b), any person convicted of a
nonviolent drug possession offense shall receive probation. As a
condition of probation , the court shall require
participation in and completion of an appropriate drug treatment
program , and mandatory drug testing . The court may also
impose, as a condition of probation, participation in vocational
training, family counseling, literacy training and/or community
service , or participation in an in-custody treatment and
education program in a county jail . A court may not
impose incarceration as an additional condition of probation
order a limited sentence of incarceration in a county
jail for the sole purpose of enhancing treatment compliance by the
defendant, consistent with the drug court model . Aside from
the limitations imposed in this subdivision, the trial court is not
otherwise limited in the type of probation conditions it may impose.
Probation shall may be imposed by
suspending the imposition of sentence.
A person who is convicted of, and placed on probation for, a
nonviolent drug possession offense shall be monitored by the court
through the use of a dedicated court calendar and the incorporation
of a drug court model of oversight that includes a regimen of
graduated sanctions and rewards, close collaboration with treatment
providers and probation, drug testing commensurate with treatment
needs and appropriate court monitoring and supervision of progress
through frequent review hearings.
In addition to any fine assessed under other provisions of law,
the trial judge may require any person convicted of a nonviolent drug
possession offense who is reasonably able to do so to contribute to
the cost of his or her own placement in a drug treatment program.
(b) Subdivision (a) does not apply to either of the following:
(1) Any defendant who previously has been convicted of one or more
serious or violent felonies in violation of
as defined in subdivision (c) of Section 667.5 or
subdivision (c) of Section 1192.7, unless the nonviolent drug
possession offense occurred after a period of five years in which the
defendant remained free of both prison custody and the commission of
an offense that results in (A) a felony
conviction other than a nonviolent drug possession offense, or
(B) a misdemeanor conviction involving physical
injury or the threat of physical injury to another person , and
the court finds that the defendant does not pose a risk to the
community and would benefit from a drug treatment program .
(2) Any defendant who has previously been convicted of three
nondrug related felonies and has served three separate prison terms
within the meaning of subdivision (b ) of Section 667.5 of
the Penal Code, unless the court finds that the defendant does not
pose a risk to the community and would benefit from a drug treatment
program.
(3) Any defendant who, in addition to one or
more nonviolent drug possession offenses, has been convicted in the
same proceeding of a misdemeanor not related to the use of drugs or
any felony.
(3)
(4) Any defendant who :
(A) While using a firearm, unlawfully possesses any amount of (i)
a substance containing either cocaine base, cocaine, heroin,
methamphetamine, or (ii) a liquid, nonliquid, plant substance, or
hand-rolled cigarette, containing phencyclidine.
(B) While using a firearm, is unlawfully under the influence of
cocaine base, cocaine, heroin, methamphetamine or phencyclidine.
(4) , while armed with
a deadly weapon unlawfully possesses, or is under the
influence of, any controlled substance identified in Section 11054,
11055, 11056, 11057, or 11058 of the Health and Safety Code.
(5) Any defendant who refuses drug treatment
as a condition of probation.
(5)
(6) Any defendant who (A)
has two separate convictions for nonviolent drug possession
offenses, (B) has participated in two separate
courses of drug treatment pursuant to subdivision (a), and
(C) is found by the court, by clear and convincing
evidence, to be unamenable to any and all forms of available drug
treatment , as defined in subdivision (b) of Section 1210
. Notwithstanding any other provision of law, the trial court shall
sentence such those defendants to 30
days in jail.
(c) Within seven days of an order imposing probation under
subdivision (a), the probation department shall notify the drug
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days of receiving that notice, the
treatment provider shall prepare a treatment plan and forward it to
the probation department. On a quarterly basis after the
defendant begins the drug treatment program, the treatment provider
shall prepare and forward a progress report on the individual
probationer to the probation department. The treatment
provider shall provide treatment progress reports including all drug
testing results to the court or probation department, or both, as
the court directs, for consideration by the court at each
review hearing.
(1) If at any point during the course of drug treatment the
treatment provider notifies the probation department or the
court that the defendant is unamenable to the drug treatment
being provided, but may be amenable to other drug treatments or
related programs, the probation department may move the court to
modify the terms of probation to ensure that the defendant receives
the alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the probation department and the
court that the defendant is unamenable to the drug treatment
provided and all other forms of drug treatment programs pursuant to
subdivision (b) of Section 1210, the probation department may move to
revoke probation. At the revocation hearing, if it is proved that
the defendant is unamenable to all drug treatment programs pursuant
to subdivision (b) of Section 1210, the court may revoke probation.
(3) Drug treatment services provided by subdivision (a) as a
required condition of probation may not exceed 12
24 months, provided, however, that additional aftercare
services as a condition of probation may be required for up to six
months.
(d) Dismissal of charges upon successful completion of
drug treatment
(1) At any time after completion of drug treatment and the
terms of probation , a defendant may petition the sentencing
court for dismissal of the charges. If the court finds that the
defendant successfully completed drug treatment, and substantially
complied with the conditions of probation, the conviction on which
the probation was based shall be set aside and the court shall
dismiss the indictment, complaint, or information against the
defendant. In addition, except as provided in paragraphs (2) and (3),
both the arrest and the conviction shall be deemed never to have
occurred. Except as provided in paragraph (2) or (3), the defendant
shall thereafter be released from all penalties and disabilities
resulting from the offense of which he or she has been convicted.
(2) Dismissal of an indictment, complaint, or information pursuant
to paragraph (1) does not permit a person to own, possess, or have
in his or her custody or control any firearm capable of being
concealed upon the person or prevent his or her conviction under
Section 12021.
(3) Except as provided below, after an indictment, complaint, or
information is dismissed pursuant to paragraph (1), the defendant may
indicate in response to any question concerning his or her prior
criminal record that he or she was not arrested or convicted for the
offense. Except as provided below, a record pertaining to an arrest
or conviction resulting in successful completion of a drug treatment
program under this section may not, without the defendant's consent,
be used in any way that could result in the denial of any employment,
benefit, license, or certificate , except for
employment in a position that involves the safety of the public
.
Regardless of his or her successful completion of drug treatment,
the arrest and conviction on which the probation was based may be
recorded by the Department of Justice and disclosed in response to
any peace officer application request or any law enforcement inquiry.
Dismissal of an information, complaint, or indictment under this
section does not relieve a defendant of the obligation to disclose
the arrest and conviction in response to any direct question
contained in any questionnaire or application for public office, for
a position as a peace officer as defined in Section 830 or other
position that involves the safety of the public , for
licensure by any state or local agency, for contracting with the
California State Lottery, or for purposes of serving on a jury.
(e) Violation of probation
(1) If probation is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section.
(2) Non-drug-related probation violations
If a defendant receives probation under subdivision (a), and
violates that probation either by being arrested for an offense that
is not a nonviolent drug possession offense, or by violating a
non-drug-related condition of probation, and the state moves to
revoke probation, the court shall conduct a hearing to determine
whether probation shall be revoked. The court may modify or revoke
probation if the alleged violation is proved.
(3) Drug-related probation violations
(A) If a defendant receives probation under subdivision (a), and
violates that probation either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in paragraph (1) of subdivision (d) of Section 1210, or
by violating a drug-related condition of probation, and the state
moves to revoke probation, the court shall conduct a hearing to
determine whether probation shall be revoked. The trial court shall
revoke probation if the alleged probation violation is proved and the
state proves by a preponderance of the evidence that the defendant
poses a danger to the safety of others. If the court does not revoke
probation, it may intensify or alter the drug treatment plan ,
and may, in addition, order incarceration in a county jail for not
more than seven days as a treatment tool under the drug court model,
in order to enhance treatment compliance .
(B) If a defendant receives probation under subdivision (a), and
for the second time violates that probation either by committing a
nonviolent drug possession offense, or a misdemeanor for simple
possession or use of drugs or drug paraphernalia, being present where
drugs are used, or failure to register as a drug offender, or any
activity similar to those listed in paragraph (1) of subdivision (d)
of Section 1210, or by violating a drug-related condition of
probation, and the state moves for a second time to revoke probation,
the court shall conduct a hearing to determine whether probation
shall be revoked. The trial court shall revoke probation if the
alleged probation violation is proved and the state proves by a
preponderance of the evidence either that the defendant poses a
danger to the safety of others or is unamenable to drug treatment. In
determining whether a defendant is unamenable to drug treatment, the
court may consider, to the extent relevant, whether the defendant
(i) has committed a serious violation of rules at the drug treatment
program, (ii) has repeatedly committed violations of program rules
that inhibit the defendant's ability to function in the program, or
(iii) has continually refused to participate in the program or asked
to be removed from the program. If the court does not revoke
probation, it may intensify or alter the drug treatment plan ,
and may, in addition, order incarceration in a county jail for not
more than 14 days as a treatment tool under the drug court model, in
order to enhance treatment compliance. In the alternative,
the court may require the defendant to successfully complete an
in-custody treatment program
(C) If a defendant receives probation under subdivision (a), and
for the third or subsequent time violates that probation
either by committing a nonviolent drug possession offense, or by
violating a drug-related condition of probation, and the state moves
for a third or sub sequent time to revoke
probation, the court shall conduct a hearing to determine whether
probation shall be revoked. If the alleged probation violation is
proved, the defendant is not eligible for continued probation under
subdivision (a) , and the court may impose a sentence,
unless the court determines that the defendant would benefit from
further treatment under subdivision (a) and intensifies or alters the
treatment plan. If the court continues the defendant in treatment,
the court may transfer the defendant to a highly structured drug
court that may include the requirement that the defendant complete an
in-custody treatment program .
(D) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation
either by being arrested for a nonviolent drug possession offense, or
a misdemeanor for simple possession or use of drugs or drug
paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in paragraph (1) of subdivision (d) of Section 1210, or by violating
a drug-related condition of probation, and the state moves to revoke
probation, the court shall conduct a hearing to determine whether
probation shall be revoked. The trial court shall revoke probation if
the alleged probation violation is proved and the state proves by a
preponderance of the evidence that the defendant poses a danger to
the safety of others. If the court does not revoke probation, it may
modify probation and impose as an additional condition participation
in a drug treatment program , and may, in addition, order
incarceration in a county jail for not more than seven days as a
treatment tool under the drug court model, in order to enh
ance treatment compliance .
(E) If a defendant on probation at the effective date of this act
for a nonviolent drug possession offense violates that probation a
second time either by being arrested for a nonviolent drug possession
offense, or a misdemeanor for simple possession or use of drugs or
drug paraphernalia, being present where drugs are used, or failure to
register as a drug offender, or any activity similar to those listed
in paragraph (1) of subdivision (d) of Section 1210, or by violating
a drug-related condition of probation, and the state moves for a
second time to revoke probation, the court shall conduct a hearing to
determine whether probation shall be revoked. The trial court shall
revoke probation if the alleged probation violation is proved and the
state proves by a preponderance of the evidence either that the
defendant poses a danger to the safety of others or that the
defendant is unamenable to drug treatment. If the court does not
revoke probation, it may modify probation and impose as an additional
condition participation
in a drug treatment program , and may, in addition, order
incarceration in a county jail for not more than 14 days
as a treatment tool under the drug court model, in order to enhance
treatment compliance. In the alternative, the court may require the
defendant to successfully complete an in-custody treatment program
.
(F) If a defendant on probation at the effective date of this act
for a nonviolent drug offense violates that probation a third time
either by being arrested for a nonviolent drug possession offense, or
by violating a drug-related condition of probation, and the state
moves for a third time to revoke probation, the court shall conduct a
hearing to determine whether probation shall be revoked. If the
alleged probation violation is proved, the defendant is not eligible
for continued probation under subdivision (a) , and the court
may impose a sentence, unless the court determines that the defendant
would benefit from further treatment under subdivision
(a) and intensifies or alters the treatment plan. If the court
continues the defendant in treatment, the court may transfer the
defendant to a highly structured drug court that may include the
requirement that the defendant complete an in-custody treatment
program .
(f) The term "drug-related condition of probation" shall include a
probationer's specific drug treatment regimen, employment,
vocational training, educational programs, psychological counseling,
and family counseling.
SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.