Amended in Senate June 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 75


Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, Rendon, Stone, and Ting)

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Sections 315, 2401, 19954, and 22959 of the Business and Professions Code, to amend Sections 8803 and 51269 of the Education Code, to amend Sections 6253.4, 12711, 12803, 95001, 95012, and 95020 of the Government Code, to amend Sections 1179.3, 1275.2, 1522.08, 1535, 11217, 11752, 11752.1, 11755.2, 11756.8, 11757.53, 11757.65, 11758.03, 11758.06, 11773, 11773.1, 11773.2, 11773.3, 11776, 11798, 11812.6, 11836.16, 11837, 11839.1, 11839.2, 11839.3, 11839.5, 11839.7, 11839.9, 11839.26, 11842, 11842.5, 11847, 11970, 11973, 11975, 11999.1, 11999.6, 11999.20, 11999.25, 11999.30, 120860, 124174.2, 124174.4, and 127185 of, to amend the heading of Division 10.5 (commencing with Section 11750) of, to add Sections end insertbegin insert11759.5, 11970.5, 11998.4, and 131055.2 to, to add and repeal Sectionend insertbegin insert 11750.1end insertbegin insert of, to repeal Sections 11751.1, 11751.2, 11751.9, 11798.1, 11820.1, 11844, 11844.5, and 11845 of, and to repeal and add Sections 11750 and 11751 of, the Health and Safety Code, to amend Sections 12693.68 and 12693.95 of the Insurance Code, to amend Sections 1174.2, 1463.16, 6140, 6241, 6242.6, 13510.5, and 13864 of the Penal Code, to amend Sections 2626.1 and 2626.2 of the Unemployment Insurance Code, to amend Sections 13353.45, 23538, 23556, and 23646 of the Vehicle Code, and to amend Sections 2100, 2104, 2106, 4042, 4367.5, 4368.5, 4369, 4369.1, 4369.4, 5814, 10506, 14132.21, 14132.90, 17700, and 18987.7 of, to add Section 14132.905 to,end insertbegin insert to add and repeal Section 4369.5 of,end insertbegin insert and to repeal Sections 4024.5 and 14132.36 of, the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 75, as amended, Committee on Budget. begin deleteBudget Act of 2013. end deletebegin insertAlcohol and drug programs.end insert

begin insert

Under existing law, the State Department of Alcohol and Drug Programs is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs. Existing law also requires counties that utilize these funds to adopt and submit to the department a county plan and negotiated net amount contract for department review and approval or disapproval, as specified. Existing law provides that, effective July 1, 2013, the administrative and programmatic functions that were previously performed by the department are transferred to departments within the California Health and Human Services Agency. Existing law also provides that the ultimate placement of these functions is contingent upon the Budget Act of 2013 and implementing legislation.

end insert
begin insert

This bill would, on July 1, 2013, transfer the administration of prevention, treatment, and recovery services for alcohol and drug abuse to the State Department of Health Care Services and services for problem gambling to the State Department of Public Health, and would make related changes. The bill would require, by April 1, 2014, and March 1 annually thereafter, until July 1, 2018, the State Department of Health Care Services and the State Department of Public Health to make specified reports on the substance use disorders services program, as provided, and on the Office of Problem and Pathological Gambling, as provided, to the Joint Legislative Budget Committee and the appropriate budget subcommittees and policy committees of the Legislature, and publicly post their reports on their respective Internet Web sites.

end insert
begin insert

Existing law imposes certain requirements on the State Department of Alcohol and Drug Programs and on the Judicial Council relating to the design and implementation of specified drug court programs. Existing law also requires the department to establish community-based recovery programs to treat the problems of alcohol and other drug use among youth, as specified, and to develop and implement a statewide prevention campaign designed to deter the abuse of methamphetamine in California. Existing law authorizes the department to implement a program for the establishment of group homes for alcohol and other drug abusers, and to establish the Resident-Run Housing Revolving Fund for the purpose of making loans to group resident-run homes in conformance with federal law.

end insert
begin insert

This bill would make these provisions inoperative on July 1, 2013.

end insert
begin insert

Existing law requires a county that applies for funds to provide alcohol and other drug abuse to prepare and submit a contract for alcohol and other drug abuse services to the department. Under existing law, net negotiated amount contracts that are in effect on June 27, 2012, are deemed contracts for alcohol and other drug abuse services for purposes of a county’s application for these funds.

end insert
begin insert

This bill would delete the provision deeming net negotiated amount contracts to be contracts for alcohol and other drug abuse services.

end insert
begin insert

This bill would appropriate the sum of $2,004,000 from the Federal Trust Fund to the State Department of Health Care Services for mental health programs. The bill would make further technical, nonsubstantive changes to these provisions.

end insert
begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 315 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

315.  

(a) For the purpose of determining uniform standards
4that will be used by healing arts boards in dealing with
5substance-abusing licensees, there is established in the Department
6of Consumer Affairs the Substance Abuse Coordination
7Committee. The committee shall be comprised of the executive
8officers of the department’s healing arts boards established pursuant
9to Division 2 (commencing with Section 500), the State Board of
P4    1Chiropractic Examiners, the Osteopathic Medical Board of
2California, and a designee of the State Department ofbegin delete Alcohol and
3Drug Programs.end delete
begin insert Health Care Services.end insert The Director of Consumer
4Affairs shall chair the committee and may invite individuals or
5stakeholders who have particular expertise in the area of substance
6abuse to advise the committee.

7(b) The committee shall be subject to the Bagley-Keene Open
8Meeting Act (Article 9 (commencing with Section 11120) of
9Division 3 of Title 2 of the Government Code).

10(c) By January 1, 2010, the committee shall formulate uniform
11and specific standards in each of the following areas that each
12healing arts board shall use in dealing with substance-abusing
13licensees, whether or not a board chooses to have a formal
14diversion program:

15(1) Specific requirements for a clinical diagnostic evaluation of
16the licensee, including, but not limited to, required qualifications
17for the providers evaluating the licensee.

18(2) Specific requirements for the temporary removal of the
19licensee from practice, in order to enable the licensee to undergo
20the clinical diagnostic evaluation described in paragraph (1) and
21any treatment recommended by the evaluator described in
22paragraph (1) and approved by the board, and specific criteria that
23the licensee must meet before being permitted to return to practice
24on a full-time or part-time basis.

25(3) Specific requirements that govern the ability of the licensing
26board to communicate with the licensee’s employer about the
27licensee’s status and condition.

28(4) Standards governing all aspects of required testing, including,
29but not limited to, frequency of testing, randomness, method of
30notice to the licensee, number of hours between the provision of
31notice and the test, standards for specimen collectors, procedures
32used by specimen collectors, the permissible locations of testing,
33whether the collection process must be observed by the collector,
34backup testing requirements when the licensee is on vacation or
35otherwise unavailable for local testing, requirements for the
36laboratory that analyzes the specimens, and the required maximum
37timeframe from the test to the receipt of the result of the test.

38(5) Standards governing all aspects of group meeting attendance
39requirements, including, but not limited to, required qualifications
40for group meeting facilitators, frequency of required meeting
P5    1attendance, and methods of documenting and reporting attendance
2or nonattendance by licensees.

3(6) Standards used in determining whether inpatient, outpatient,
4or other type of treatment is necessary.

5(7) Worksite monitoring requirements and standards, including,
6but not limited to, required qualifications of worksite monitors,
7required methods of monitoring by worksite monitors, and required
8reporting by worksite monitors.

9(8) Procedures to be followed when a licensee tests positive for
10a banned substance.

11(9) Procedures to be followed when a licensee is confirmed to
12have ingested a banned substance.

13(10) Specific consequences for major violations and minor
14violations. In particular, the committee shall consider the use of a
15“deferred prosecution” stipulation similar to the stipulation
16described in Section 1000 of the Penal Code, in which the licensee
17admits to self-abuse of drugs or alcohol and surrenders his or her
18license. That agreement is deferred by the agency unless or until
19the licensee commits a major violation, in which case it is revived
20and the license is surrendered.

21(11) Criteria that a licensee must meet in order to petition for
22return to practice on a full-time basis.

23(12) Criteria that a licensee must meet in order to petition for
24reinstatement of a full and unrestricted license.

25(13) If a board uses a private-sector vendor that provides
26diversion services, standards for immediate reporting by the vendor
27to the board of any and all noncompliance with any term of the
28diversion contract or probation; standards for the vendor’s approval
29process for providers or contractors that provide diversion services,
30including, but not limited to, specimen collectors, group meeting
31facilitators, and worksite monitors; standards requiring the vendor
32to disapprove and discontinue the use of providers or contractors
33that fail to provide effective or timely diversion services; and
34standards for a licensee’s termination from the program and referral
35to enforcement.

36(14) If a board uses a private-sector vendor that provides
37diversion services, the extent to which licensee participation in
38that program shall be kept confidential from the public.

39(15) If a board uses a private-sector vendor that provides
40diversion services, a schedule for external independent audits of
P6    1the vendor’s performance in adhering to the standards adopted by
2the committee.

3(16) Measurable criteria and standards to determine whether
4each board’s method of dealing with substance-abusing licensees
5protects patients from harm and is effective in assisting its licensees
6in recovering from substance abuse in the long term.

7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2401 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
8amended to read:end insert

9

2401.  

(a) Notwithstanding Section 2400, a clinic operated
10primarily for the purpose of medical education by a public or
11private nonprofit university medical school, which is approved by
12the board or the Osteopathic Medical Board of California, may
13charge for professional services rendered to teaching patients by
14licensees who hold academic appointments on the faculty of the
15university, if the charges are approved by the physician and surgeon
16in whose name the charges are made.

17(b) Notwithstanding Section 2400, a clinic operated under
18subdivision (p) of Section 1206 of the Health and Safety Code
19may employ licensees and charge for professional services rendered
20by those licensees. However, the clinic shall not interfere with,
21control, or otherwise direct the professional judgment of a
22physician and surgeon in a manner prohibited by Section 2400 or
23any other provision of law.

24(c) Notwithstanding Section 2400, a narcotic treatment program
25operated under Section 11876 of the Health and Safety Code and
26regulated by the State Department ofbegin delete Alcohol and Drug Programs,end delete
27begin insert Health Care Services,end insert may employ licensees and charge for
28professional services rendered by those licensees. However, the
29narcotic treatment program shall not interfere with, control, or
30otherwise direct the professional judgment of a physician and
31surgeon in a manner prohibited by Section 2400 or any other
32provision of law.

33(d) Notwithstanding Section 2400, a hospital owned and
34operated by a health care district pursuant to Division 23
35(commencing with Section 32000) of the Health and Safety Code
36may employ a licensee pursuant to Section 2401.1, and may charge
37for professional services rendered by the licensee, if the physician
38and surgeon in whose name the charges are made approves the
39charges. However, the hospital shall not interfere with, control, or
40 otherwise direct the physician and surgeon’s professional judgment
P7    1in a manner prohibited by Section 2400 or any other provision of
2law.

3(e) Notwithstanding Section 2400, a hospital that is owned and
4operated by a licensed charitable organization, that offers only
5pediatric subspecialty care, that, prior to January 1, 2013, employed
6licensees on a salary basis, and that has not charged for professional
7services rendered to patients may, commencing January 1, 2013,
8charge for professional services rendered to patients, provided the
9following conditions are met:

10(1) The hospital does not increase the number of salaried
11licensees by more than five licensees each year.

12(2) The hospital does not expand its scope of services beyond
13pediatric subspecialty care.

14(3) The hospital accepts each patient needing its scope of
15services regardless of his or her ability to pay, including whether
16the patient has any form of health care coverage.

17(4) The medical staff concur by an affirmative vote that the
18licensee’s employment is in the best interest of the communities
19served by the hospital.

20(5) The hospital does not interfere with, control, or otherwise
21direct a physician and surgeon’s professional judgment in a manner
22prohibited by Section 2400 or any other provision of law.

23begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 19954 of the end insertbegin insertBusiness and Professions Codeend insert
24begin insert is amended to read:end insert

25

19954.  

In addition to those fees required pursuant to Section
2619951, each licensee shall pay an additional one hundred dollars
27($100) for each table for which it is licensed to thebegin insert Stateend insert
28 Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Public Healthend insert for
29deposit in the Gambling Addiction Program Fund, which is hereby
30established to benefit those who have a gambling addiction
31problem. These funds shall be made available, upon appropriation
32by the Legislature, to community-based organizations that directly
33provide aid and assistance to those persons with a gambling
34addiction problem.

35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 22959 of the end insertbegin insertBusiness and Professions Codeend insert
36begin insert is amended to read:end insert

37

22959.  

(a) The sum of two million dollars ($2,000,000) shall
38be transferred annually from the portion of the federal Substance
39Abuse Prevention and Treatment block grant moneys allocated to
40the State Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care
P8    1Servicesend insert
for administrative purposes related to substance abuse
2programs, to the Sale of Tobacco to Minors Control Account.

3(b) Upon appropriation by the Legislature, moneys in the Sale
4of Tobacco to Minors Control Account shall be expended by the
5state department to administer and enforce this division.

6begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8803 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
7read:end insert

8

8803.  

In order to encourage the integration of children’s
9services, it is the intent of the Legislature to promote interagency
10coordination and collaboration among the state agencies
11responsible for the provision of support services to children and
12their families.

13Therefore, the Legislature hereby establishes the Healthy Start
14Support Services for Children Program Council, as follows:

15(a) Members of the council shall include the Superintendent,
16the agency secretary, and the directors of the State Department of
17Health Care Servicesbegin delete,end deletebegin delete the State Department of Social Services,end delete
18 and the State Department ofbegin delete Alcohol and Drug Programs.end deletebegin insert Social
19Services.end insert

20(b) Duties of the council shall include:

21(1) Developing, promoting, and implementing policy supporting
22the Healthy Start Support Services for Children Grant Program.

23(2) Assisting the lead agency in reviewing grant applications
24submitted to the lead agency and providing the lead agency with
25recommendations for awarding grants pursuant to Section 8804.

26(3) Soliciting input regarding program policy and direction from
27individuals and entities with experience in the integration of
28children’s services.

29(4) Assisting the lead agency in fulfilling its responsibilities
30under this chapter.

31(5) Providing recommendations to the Governor, the Legislature,
32and the lead agency regarding the Healthy Start Support Services
33for Children Grant Program.

34(6) At the request of the Superintendent, assisting the local
35educational agency or consortium in planning and implementing
36this program, including assisting with local technical assistance,
37and developing agency collaboration.

38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 51269 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
39read:end insert

P9    1

51269.  

(a) The State Department of Education shall
2collaborate, to the extent possible, with other state agencies that
3administer drug, alcohol, and tobacco abuse prevention education
4programs to streamline and simplify the process whereby local
5educational agencies apply for state and federal drug, alcohol, and
6tobacco education funds.

7(b) The State Department of Education, in consultation with the
8Department of Justice,begin insert Office of Emergency Services,end insert thebegin delete California
9Emergency Management Agency,end delete
begin insert State Department of Public
10Health,end insert
and the State Department ofbegin delete Alcohol and Drug Programs,end delete
11begin insert Health Care Services,end insert shall develop, to the extent possible, an
12ongoing statewide monitoring and assessment system to provide
13current and reliable data on the utilization of resources for programs
14for prevention of and early intervention for drug, alcohol, and
15tobacco abuse. The purpose of the system shall be to facilitate
16improved planning and program delivery among state and local
17agencies, including law enforcement, juvenile justice, county
18health, and county drug and alcohol agencies and programs, and
19communities.

20begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 6253.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

6253.4.  

(a) Every agency may adopt regulations stating the
23procedures to be followed when making its records available in
24accordance with this section.

25The following state and local bodies shall establish written
26guidelines for accessibility of records. A copy of these guidelines
27shall be posted in a conspicuous public place at the offices of these
28bodies, and a copy of the guidelines shall be available upon request
29free of charge to any person requesting that body’s records:

30Department of Motor Vehicles

31Department of Consumer Affairs

32begin deleteDepartment ofend delete Transportationbegin insert Agencyend insert

33begin deleteDepartment end deletebegin insertBureauend insertbegin insert end insertof Real Estate

34Department of Correctionsbegin insert and Rehabilitationend insert

35begin deleteDepartment end deletebegin insertDivision end insertofbegin delete the Youth Authorityend deletebegin insert Juvenile Justiceend insert

36Department of Justice

37Department of Insurance

38Department ofbegin delete Corporationsend deletebegin insert Business Oversightend insert

39Department of Managed Health Care

40Secretary of State

P10   1State Air Resources Board

2Department of Water Resources

3Department of Parks and Recreation

4San Francisco Bay Conservation and Development Commission

5State Board of Equalization

6State Department of Health Care Services

7Employment Development Department

8State Department of Public Health

9State Department of Social Services

10State Department of State Hospitals

11State Department of Developmental Services

begin delete

12Office of Statewide Health Planning and Development

end delete

13Public Employees’ Retirement System

14Teachers’ Retirement Board

15Department of Industrial Relations

16Department of General Services

17Department of Veterans Affairs

18Public Utilities Commission

19California Coastal Commission

20State Water Resources Control Board

21San Francisco Bay Area Rapid Transit District

22All regional water quality control boards

23Los Angeles County Air Pollution Control District

24Bay Area Air Pollution Control District

25Golden Gate Bridge, Highway and Transportation District

26Department of Toxic Substances Control

27Office of Environmental Health Hazard Assessment

28(b) Guidelines and regulations adopted pursuant to this section
29shall be consistent with all other sections of this chapter and shall
30reflect the intention of the Legislature to make the records
31accessible to the public. The guidelines and regulations adopted
32pursuant to this section shall not operate to limit the hours public
33records are open for inspection as prescribed in Section 6253.

34begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 12711 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
35read:end insert

36

12711.  

(a) It is the intent of the Legislature to establish a fair
37and proportionate system to award grants from the Indian Gaming
38Special Distribution Fund for the support of local government
39agencies impacted by tribal gaming. It is also the intent of the
40Legislature that priority for funding shall be given to local
P11   1government agencies impacted by the tribal casinos that contribute
2to the Indian Gaming Special Distribution Fund.

3(b) It is the intent of the Legislature that in the event that any
4compact between any tribe and the state takes effect on or after
5the effective date of this chapter, or that any compact between any
6tribe and the state that took effect on or before May 16, 2000, is
7renegotiated and reexecuted at any time after its initial effective
8date, money provided to the state by a tribe pursuant to the terms
9of these compacts shall be applied on a pro rata basis to the state
10costs for the regulation of gaming and for problem gambling
11prevention programs in the Office of Problem and Pathological
12Gambling within the State Department ofbegin delete Alcohol and Drug
13Programs.end delete
begin insert Public Health.end insert

14(c) It is the intent of the Legislature that if any compact between
15any tribe and the state takes effect on or after the effective date of
16this chapter, or if any compact between any tribe and the state that
17took effect on or before May 16, 2000, is renegotiated and
18reexecuted at any time after its initial effective date, any revenue
19sharing provisions of that compact that requires distributions to
20nongaming or noncompact tribes shall result in a decrease in the
21amount that the Legislature appropriates pursuant to this chapter.

22begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 12803 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
23read:end insert

24

12803.  

(a) The California Health and Human Services Agency
25consists of the following departments:begin insert Aging; Community Services
26and Development; Developmental Services;end insert
Health Care Services;
27begin delete Mental Health; Developmental Services;end deletebegin insert Managed Health Care;end insert
28 Public Health;begin insert Rehabilitation;end insert Social Services;begin delete Alcoholend deletebegin delete and Drug
29Abuse; Aging; Rehabilitation; and Community Services and
30Developmentend delete
begin insert and State Hospitalsend insert.

31(b) The agency also includes thebegin insert Emergency Medical Services
32Authority, the Managed Risk Medical Insurance Board, theend insert
Office
33ofbegin insert Health Information Integrity, the Office of Patient Advocate,
34the Office ofend insert
Statewide Health Planning andbegin delete Developmentend delete
35begin insert Development, the Office of Systems Integration,end insert and the State
36Council on Developmental Disabilities.

37(c) The Department of Child Support Services is hereby created
38within the agency commencing January 1, 2000, and shall be the
39single organizational unit designated as the state’s Title IV-D
40agency with the responsibility for administering the state plan and
P12   1providing services relating to the establishment of paternity or the
2establishment, modification, or enforcement of child support
3obligations as required by Section 654 of Title 42 of the United
4States Code. State plan functions shall be performed by other
5agencies as required by law, by delegation of the department, or
6by cooperative agreements.

7begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 95001 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert

9

95001.  

(a) The Legislature hereby finds and declares all of the
10following:

11(1) There is a need to provide appropriate early intervention
12services individually designed for infants and toddlers from birth
13to two years of age, inclusive, who have disabilities or are at risk
14of having disabilities, to enhance their development and to
15minimize the potential for developmental delays.

16(2) Early intervention services for infants and toddlers with
17disabilities or who are at risk of having disabilities represent an
18investment of resources, in that these services reduce the ultimate
19costs to our society, by minimizing the need for special education
20and related services in later school years and by minimizing the
21 likelihood of institutionalization. These services also maximize
22the ability of families to better provide for the special needs of
23their children. Early intervention services for infants and toddlers
24with disabilities maximize the potential of the individuals to be
25effective in the context of daily life and activities, including the
26potential to live independently, and exercise the full rights of
27citizenship. The earlier intervention is started, the greater is the
28ultimate cost-effectiveness and the higher is the educational
29attainment and quality of life achieved by children with disabilities.

30(3) The family is the constant in the child’s life, while the service
31system and personnel within those systems fluctuate. Because the
32primary responsibility of an infant’s or toddler’s well-being rests
33with the family, services should support and enhance the family’s
34capability to meet the special developmental needs of their infant
35or toddler with disabilities.

36(4) Family-to-family support strengthens families’ ability to
37fully participate in services planning and their capacity to care for
38their infants or toddlers with disabilities.

39(5) Meeting the complex needs of infants with disabilities and
40their families requires active state and local coordinated,
P13   1collaborative, and accessible service delivery systems that are
2flexible, culturally competent, and responsive to family-identified
3needs. When health, developmental, educational, and social
4programs are coordinated, they are proven to be cost effective, not
5only for systems, but for families as well.

6(6) Family-professional collaboration contributes to changing
7the ways that early intervention services are provided and to
8enhancing their effectiveness.

9(7) Infants and toddlers with disabilities are a part of their
10communities, and as citizens make valuable contributions to society
11as a whole.

12(b) Therefore, it is the intent of the Legislature that:

13(1) Funding provided under Part C of the federal Individuals
14with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) be
15used to improve and enhance early intervention services as defined
16in this title by developing innovative ways of providing family
17focused, coordinated services, which are built upon existing
18systems.

19(2) The State Department of Developmental Services, the State
20Department of Education, the State Department of Health Care
21Services,begin delete the State Department of Social Services,end delete and the State
22Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Social Servicesend insert
23 coordinate services to infants and toddlers with disabilities and
24their families. These agencies need to collaborate with families
25and communities to provide a family-centered, comprehensive,
26multidisciplinary, interagency, community-based, early intervention
27system for infants and toddlers with disabilities.

28(3) Families be well informed, supported, and respected as
29capable and collaborative decisionmakers regarding services for
30their child.

31(4) Professionals be supported to enhance their training and
32maintain a high level of expertise in their field, as well as
33knowledge of what constitutes most effective early intervention
34practices.

35(5) Families and professionals join in collaborative partnerships
36to develop early intervention services that meet the needs of infants
37and toddlers with disabilities, and that those partnerships be the
38basis for the development of services that meet the needs of the
39culturally and linguistically diverse population of California.

P14   1(6) To the maximum extent possible, infants and toddlers with
2disabilities and their families be provided services in the most
3natural environment, and include the use of natural supports and
4existing community resources.

5(7) The services delivery system be responsive to the families
6and children it serves within the context of cooperation and
7coordination among the various agencies.

8(8) Early intervention program quality be ensured and
9maintained through established early intervention program and
10personnel standards.

11(9) The early intervention system be responsive to public input
12and participation in the development of implementation policies
13and procedures for early intervention services through the forum
14of an interagency coordinating council established pursuant to
15federal regulations under Part C of the federal Individuals with
16Disabilities Education Act.

17(c) It is not the intent of the Legislature to require the State
18Department of Education to implement this title unless adequate
19reimbursement, as specified and agreed to by the department, is
20provided to the department from federal funds from Part C of the
21federal Individuals with Disabilities Education Act.

22begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 95012 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert

24

95012.  

(a) The following departments shall cooperate and
25coordinate their early intervention services for eligible infants and
26their families under this title, and need to collaborate with families
27and communities, to provide a family-centered, comprehensive,
28multidisciplinary, interagency, community-based early intervention
29system:

30(1) State Department of Developmental Services.

31(2) State Department of Education.

32(3) State Department of Health Care Services.

33(4) State Department of Social Services.

begin delete end deletebegin delete

34(5) State Department of Alcohol and Drug Programs.

end delete
begin delete end delete

35(b) Each participating department shall enter into an interagency
36agreement with the State Department of Developmental Services.
37Each interagency agreement shall specify, at a minimum, the
38agency’s current and continuing level of financial participation in
39providing services to infants and toddlers with disabilities and their
40families. Each interagency agreement shall also specify procedures
P15   1for resolving disputes in a timely manner. Interagency agreements
2shall also contain provisions for ensuring effective cooperation
3and coordination among agencies concerning policymaking
4activities associated with the implementation of this title, including
5legislative proposals, regulation development, and fiscal planning.
6All interagency agreements shall be reviewed annually and revised
7as necessary.

8begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 95020 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert

10

95020.  

(a) An eligible infant or toddler shall have an
11individualized family service plan. The individualized family
12service plan shall be used in place of an individualized education
13program required pursuant to Sections 4646 and 4646.5 of the
14Welfare and Institutions Code, the individualized program plan
15required pursuant to Section 56340 of the Education Code, or any
16other applicable service plan.

17(b) For an infant or toddler who has been evaluated for the first
18time, a meeting to share the results of the evaluation, to determine
19eligibility and, for children who are eligible, to develop the initial
20individualized family service plan shall be conducted within 45
21calendar days of receipt of the written referral. Evaluation results
22and determination of eligibility may be shared in a meeting with
23the family prior to the individualized family service plan. Written
24parent consent to evaluate and assess shall be obtained within the
2545-day timeline. A regional center, local educational agency, or
26the designee of one of those entities shall initiate and conduct this
27meeting. Families shall be afforded the opportunity to participate
28in all decisions regarding eligibility and services. During intake
29and assessment, but no later than the IFSP meeting, the parents,
30legal guardian, or conservator shall provide copies of any health
31benefit cards under which the consumer is eligible to receive health
32benefits, including, but not limited to, private health insurance, a
33health care service plan, Medi-Cal, Medicare, and TRICARE. If
34the individual, or, where appropriate, the parents, legal guardians,
35or conservators, have no such benefits, the regional center shall
36not use that fact to negatively impact the services that the individual
37may or may not receive from the regional center.

38(c) Parents shall be fully informed of their rights, including the
39right to invite another person, including a family member or an
40advocate or peer parent, or any or all of them, to accompany them
P16   1to any or all individualized family service plan meetings. With
2parental consent, a referral shall be made to the local family
3resource center or network.

4(d) The individualized family service plan shall be in writing
5and shall address all of the following:

6(1) A statement of the infant’s or toddler’s present levels of
7physical development including vision, hearing, and health status,
8cognitive development, communication development, social and
9emotional development, and adaptive developments.

10(2) With the concurrence of the family, a statement of the
11family’s concerns, priorities, and resources related to meeting the
12special developmental needs of the eligible infant or toddler.

13(3) A statement of the major outcomes expected to be achieved
14for the infant or toddler and family where services for the family
15are related to meeting the special developmental needs of the
16eligible infant or toddler.

17(4) The criteria, procedures, and timelines used to determine
18the degree to which progress toward achieving the outcomes is
19being made and whether modifications or revisions are necessary.

20(5) (A) A statement of the specific early intervention services
21necessary to meet the unique needs of the infant or toddler as
22identified in paragraph (3), including, but not limited to, the
23frequency, intensity, location, duration, and method of delivering
24the services, and ways of providing services in natural generic
25environments, including group training for parents on behavioral
26intervention techniques in lieu of some or all of the in-home parent
27training component of the behavior intervention services, and
28purchase of neighborhood preschool services and needed qualified
29personnel in lieu of infant development programs.

30(B) Effective July 1, 2009, at the time of development, review,
31or modification of an infant’s or toddler’s individualized family
32service plan, the regional center shall consider both of the
33following:

34(i) The use of group training for parents on behavior intervention
35techniques, in lieu of some or all of the in-home parent training
36component of the behavior intervention services.

37(ii) The purchase of neighborhood preschool services and needed
38qualified personnel, in lieu of infant development programs.

39(6) A statement of the agency responsible for providing the
40identified services.

P17   1(7) The name of the service coordinator who shall be responsible
2for facilitating implementation of the plan and coordinating with
3other agencies and persons.

4(8) The steps to be taken to ensure transition of the infant or
5toddler upon reaching three years of age to other appropriate
6services. These may include, as appropriate, special education or
7other services offered in natural environments.

8(9) The projected dates for the initiation of services in paragraph
9(5) and the anticipated duration of those services.

10(e) Each service identified on the individualized family service
11plan shall be designated as one of three types:

12(1) An early intervention service, as defined in subsection (4)
13of Section 1432 of Title 20 of the United States Code, and
14applicable regulations, that is provided or purchased through the
15regional center, local educational agency, or other participating
16agency. The State Department of Health Carebegin delete Services,end deletebegin insert Services
17and theend insert
State Department of Socialbegin delete Services, and State Department
18of Alcohol and Drug Programsend delete
begin insert Servicesend insert shall provide services in
19accordance with state and federal law and applicable regulations,
20and up to the level of funding as appropriated by the Legislature.
21Early intervention services identified on an individualized family
22service plan that exceed the funding, statutory, and regulatory
23requirements of these departments shall be provided or purchased
24by regional centers or local educational agencies under subdivisions
25(b) and (c) of Section 95014. The State Department of Health Care
26begin delete Services,end deletebegin insert Services and theend insert State Department of Socialbegin delete Services,
27and State Department of Alcohol and Drug Programsend delete
begin insert Servicesend insert
28 shall not be required to provide early intervention services over
29their existing funding, statutory, and regulatory requirements.

30(2) Another service, other than those specified in paragraph (1),
31which the eligible infant or toddler or his or her family may receive
32from other state programs, subject to the eligibility standards of
33those programs.

34(3) A referral to a nonrequired service that may be provided to
35an eligible infant or toddler or his or her family. Nonrequired
36services are those services that are not defined as early intervention
37services or do not relate to meeting the special developmental
38needs of an eligible infant or toddler related to the disability, but
39that may be helpful to the family. The granting or denial of
40nonrequired services by a public or private agency is not subject
P18   1to appeal under this title. Notwithstanding any other provision of
2law or regulation to the contrary, effective July 1, 2009, with the
3exception of durable medical equipment, regional centers shall not
4purchase nonrequired services, but may refer a family to a
5nonrequired service that may be available to an eligible infant or
6toddler or his or her family.

7(f) An annual review, and other periodic reviews, of the
8individualized family service plan for an infant or toddler and the
9infant’s or toddler’s family shall be conducted to determine the
10degree of progress that is being made in achieving the outcomes
11specified in the plan and whether modification or revision of the
12outcomes or services is necessary. The frequency, participants,
13purpose, and required processes for annual and periodic reviews
14shall be consistent with the statutes and regulations under Part C
15of the federal Individuals with Disabilities Education Act (20
16U.S.C. Sec. 1431 et seq.) and this title, and shall be specified in
17regulations adopted pursuant to Section 95028. At the time of the
18review, the parents, legal guardian, or conservator shall provide
19copies of any health benefit cards under which the consumer is
20eligible to receive health benefits, including, but not limited to,
21private health insurance, a health care service plan, Medi-Cal,
22Medicare, and TRICARE. If the parents, legal guardian, or
23conservator have no such benefit cards, the regional center shall
24not use that fact to negatively impact the services that the individual
25may or may not receive from the regional center.

26begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 1179.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

1179.3.  

(a) (1) The Office of Statewide Health Planning and
29Development shall develop and administer a competitive grants
30program for projects located in rural areas of California.

31(2) The office shall define “rural area” for the purposes of this
32section after receiving public input and upon recommendation of
33the Interdepartmental Rural Health Coordinating Committee and
34the Rural Health Programs Liaison.

35(3) The purpose of the grants program shall be to fund
36innovative, collaborative, cost-effective, and efficient projects that
37pertain to the delivery of health and medical services in rural areas
38of the state.

39(4) The office shall develop and establish uses for the funds to
40fund special projects that alleviate problems of access to quality
P19   1health care in rural areas and to compensate public and private
2health care providers associated with direct delivery of patient
3care. The funds shall be used for medical and hospital care and
4treatment of patients who cannot afford to pay for services and for
5whom payment will not be made through private or public
6programs.

7(5) The office shall administer the funds appropriated by the
8Legislature for purposes of this section. Entities eligible for these
9funds shall include rural health providers served by the programs
10operated by the office, thebegin delete State Department of Alcohol and Drug
11Programs, theend delete
Emergency Medical Services Authority, the State
12Department of Health Care Services, the State Department of
13Public Health, and the Managed Risk Medical Insurance Board.
14The grant funds shall be used to expand existing services or
15establish new services and shall not be used to supplant existing
16levels of service. Funds appropriated by the Legislature for this
17purpose may be expended in the fiscal year of the appropriation
18or the subsequent fiscal year.

19(b) The Office of Statewide Health Planning and Development
20shall establish the criteria and standards for eligibility to be used
21in requests for proposals or requests for application, the application
22review process, determining the maximum amount and number of
23grants to be awarded, preference and priority of projects,
24compliance monitoring, and the measurement of outcomes achieved
25after receiving comment from the public at a meeting held pursuant
26to the Bagley-Keene Open Meeting Act (Article 9 (commencing
27with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
282 of the Government Code).

29(c) The Office of Statewide Health Planning and Development
30shall make information regarding the status of the funded projects
31available at the public meetings described in subdivision (b).

32begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 1275.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert

34

1275.2.  

(a)  Notwithstanding any rules or regulations governing
35other health facilities, the regulations adopted by the state
36department for chemical dependency recovery hospitals shall
37prevail. The regulations applying to chemical dependency recovery
38hospitals shall prescribe standards of adequacy, safety, and
39sanitation of the physical plant, of staffing with duly qualified
P20   1personnel, and of services based on the needs of the persons served
2thereby.

3(b)  The regulations shall include provisions for an “open
4planning” architectural concept.

5(c)  Notwithstanding the provisions of Chapter 1 (commencing
6with Section 15000) of Division 12.5, the regulations shall exempt
7 from seismic requirements all freestanding structures of a chemical
8dependency recovery hospital. Chemical dependency recovery
9services provided as a supplemental service in general acute care
10beds or general acute psychiatric beds shall not be exempt from
11seismic requirements.

12(d)  Regulations shall be developed pursuant to this section and
13presented for adoption at a public hearing within 180 days of the
14effective date of this section.

15(e)  In order to assist in the rapid development of regulations
16for chemical dependency recovery hospitals, the director of the
17state department, not later than 30 days after the effective date of
18this section, shall convene an advisory committee composed of
19two representatives of the State Department ofbegin delete Alcohol and Drug
20Programs, two representatives of the State Department ofend delete
Health
21begin insert Careend insert Services, one representative of the Office of Statewide Health
22Planning and Development, two persons with experience operating
23facilities with alcohol or medicinal drug dependency programs,
24and any other persons having a professional or personal
25nonfinancial interest in development of such regulations. The
26members of such advisory committee who are not state officers
27or employees shall pay their own expenses related to participation
28on the committee. The committee shall meet at the call of the
29director until such time as the proposed regulations are presented
30for adoption at public hearing.

31begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 1522.08 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
32amended by Section 19 of Chapter 34 of the Statutes of 2012, is
33amended to read:end insert

34

1522.08.  

(a) In order to protect the health and safety of persons
35receiving care or services from individuals or facilities licensed
36or certified by the state, the California Department of Aging, State
37Department of Public Health, State Department ofbegin delete Alcohol and
38Drug Programs, State Department ofend delete
Health Care Services, State
39Department of Social Services, and the Emergency Medical
40Services Authority may share information with respect to
P21   1applicants, licensees, certificates, or individuals who have been
2the subject of any administrative action resulting in the denial,
3suspension, probation, or revocation of a license, permit, or
4certificate, or in the exclusion of any person from a facility who
5is subject to a background check, as otherwise provided by law.

6(b) The State Department of Social Services shall maintain a
7centralized system for the monitoring and tracking of final
8administrative actions, to be used by the California Department
9of Aging, State Department of Public Health, State Department of
10begin delete Alcohol and Drug Programs, State Department ofend delete Health Care
11Services, State Department of Social Services, and the Emergency
12Medical Services Authority as a part of the background check
13process. The State Department of Social Services may charge a
14fee to departments under the jurisdiction of the California Health
15and Human Services Agency sufficient to cover the cost of
16providing those departments with the final administrative action
17specified in subdivision (a). To the extent that additional funds are
18needed for this purpose, implementation of this subdivision shall
19be contingent upon a specific appropriation provided for this
20purpose in the annual Budget Act.

21(c) The State Department of Social Services, in consultation
22with the other departments under the jurisdiction of the California
23Health and Human Services Agency, may adopt regulations to
24implement this section.

25(d) For the purposes of this section and Section 1499,
26“administrative action” means any proceeding initiated by the
27California Department of Aging, State Department of Public
28Health, State Department ofbegin delete Alcohol and Drug Programs, State
29Department ofend delete
Health Care Services, State Department of Social
30Services, and the Emergency Medical Services Authority to
31determine the rights and duties of an applicant, licensee, or other
32individual or entity over which the department has jurisdiction.
33“Administrative action” may include, but is not limited to, action
34involving the denial of an application for, or the suspension or
35revocation of, any license, special permit, administrator certificate,
36criminal record clearance, or exemption.

37begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 1535 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
38amended to read:end insert

39

1535.  

(a)  On or before January 1, 1986, the state department
40shall publish a comprehensive consumer guideline brochure to
P22   1assist persons in the evaluation and selection of a licensed
2community care facility. The department shall develop the brochure
3for publication with the advice and assistance of the Advisory
4Committee on Community Care Facilities, the State Department
5of Aging,begin delete the State Department of Mental Health,end delete and the State
6Department ofbegin delete Alcohol and Drug Programs.end deletebegin insert Health Care Services.end insert

7(b)  The consumer guideline brochure shall include, but not be
8limited to, guidelines highlighting resident health and safety issues
9to be considered in the selection of a community care facility,
10locations of the licensing offices of the State Department of Social
11Services where facility records may be reviewed, types of local
12organizations which may have additional information on specific
13facilities, and a list of recommended inquiries to be made in the
14selection of a community care facility.

15(c)  Upon publication, the consumer guideline brochures shall
16be distributed to statewide community care facility resident
17advocacy groups, statewide consumer advocacy groups, state and
18local ombudsmen, and all licensed community care facilities. The
19brochure shall be made available on request to all other interested
20persons.

21begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 11217 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
22amended to read:end insert

23

11217.  

begin delete Noend deletebegin insert Except as provided in Section 11223, noend insert person
24shall treat an addict for addiction to a narcotic drug except in one
25of the following:

26(a) An institution approved by the State Department ofbegin delete Social
27Services and the State Department ofend delete
Health Care Services, and
28where the patient is at all times kept under restraint and control.

29(b) A city or county jail.

30(c) A state prison.

31(d) A facility designated by a county and approved by the State
32Department ofbegin delete Socialend deletebegin insert Health Careend insert Services pursuant to Division
335 (commencing with Section 5000) of the Welfare and Institutions
34Code.

35(e) A state hospital.

36(f) A county hospital.

37(g) A facility licensed by the State Department ofbegin delete Alcohol and
38Drug Programsend delete
begin insert Health Care Servicesend insert pursuant to Division 10.5
39(commencing with Section 11750).

P23   1(h) A facility as defined in subdivision (a) or (b) of Section 1250
2and Section 1250.3.

3A narcotic controlled substance in the continuing treatment of
4addiction to a controlled substance shall be used only in those
5programs licensed by the State Department ofbegin delete Alcohol and Drug
6Programsend delete
begin insert Health Care Servicesend insert pursuant to Articlebegin delete 3end deletebegin insert 1end insert
7 (commencing with Sectionbegin delete 11875)end deletebegin insert 11839)end insert of Chapterbegin delete 1end deletebegin insert 10end insert of Part
8begin delete 3end deletebegin insert 2end insert of Division 10.5 on either an inpatient or outpatient basis, or
9both.

10This section does not apply during emergency treatment, or
11where the patient’s addiction is complicated by the presence of
12incurable disease, serious accident, or injury, or the infirmities of
13old age.

14Neither this section nor any other provision of this division shall
15be construed to prohibit the maintenance of a place in which
16persons seeking to recover from addiction to a controlled substance
17reside and endeavor to aid one another and receive aid from others
18in recovering from that addiction, nor does this section or this
19division prohibit that aid, provided that no person is treated for
20addiction in a place by means of administering, furnishing, or
21prescribing of controlled substances. The preceding sentence is
22declaratory of preexisting law.

23Neither this section or any other provision of this division shall
24be construed to prohibit short-term narcotic detoxification treatment
25in a controlled setting approved by the director and pursuant to
26rules and regulations of the director. Facilities and treatment
27approved by the director under this paragraph shall not be subject
28to approval or inspection by the Medical Board of California, nor
29shall persons in those facilities be required to register with, or
30report the termination of residence with, the police department or
31sheriff’s office.

32begin insert

begin insertSEC. 18.end insert  

end insert

begin insertThe heading of Division 10.5 (commencing with
33Section 11750) of the end insert
begin insertHealth and Safety Codeend insertbegin insert is amended to read:end insert

34 

35Division 10.5.  begin delete STATE DEPARTMENT OFend delete ALCOHOL
36AND DRUG PROGRAMS

37

 

38begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 11750 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39repealed.end insert

begin delete
P24   1

11750.  

There is in state government in the California Health
2and Human Services Agency a State Department of Alcohol and
3Drug Programs.

end delete
4begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 11750 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
5to read:end insert

begin insert
6

begin insert11750.end insert  

(a) It is the intent of the Legislature that the
7administrative and programmatic functions of the State Department
8of Alcohol and Drug Programs be transferred to the State
9Department of Health Care Services and the State Department of
10Public Health effective July 1, 2013. It is further the intent of the
11Legislature that this transfer happen efficiently and effectively,
12with no interruptions in service delivery. This transfer is designed
13to:

14(1) Consolidate within a single state department, the State
15Department of Health Care Services, all substance use disorder
16functions and programs from the State Department of Alcohol and
17Drug Programs.

18(2) Align with federal and county partners by consolidating
19substance use disorder and community mental health functions
20and programs within one department.

21(3) Promote opportunities for the improvement of health care
22delivery by integrating the state-level administration of substance
23use disorders, community mental health, and physical health to
24the benefit of communities and consumers with substance use
25disorders and cooccurring disorders.

26(4) Ensure appropriate state oversight by consolidating the two
27key public funding sources, the Substance Abuse Prevention and
28Treatment Block Grant and the Drug Medi-Cal Treatment
29Program, for the substance use disorder system in one state
30department.

31(5) Provide effective state leadership on substance use disorder
32issues by positioning the State Department of Health Care Services
33to serve as a unified, strong voice to advocate, at both the state
34and federal levels, on behalf of the needs of communities, county
35partners, and consumers with substance use disorders.

36(b) Effective July 1, 2013, the administrative and programmatic
37functions that were previously performed by the State Department
38of Alcohol and Drug Programs are transferred to the State
39Department of Health Care Services and the State Department of
40Public Health in accordance with the act that added this section.
P25   1Further, except as provided in Section 131055.2, any reference in
2state statute or regulation to the State Department of Alcohol and
3Drug Programs or the State Department of Alcohol and Drug
4Abuse shall refer to the State Department of Health Care Services.

end insert
5begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 11750.1 is added to the end insertbegin insertHealth and Safety
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert11750.1.end insert  

(a) It is the intent of the Legislature that the substance
8use disorder services programs within the State Department of
9Health Care Services continue to maintain the various advisory
10groups established under the State Department of Alcohol and
11Drug Programs, and establish and maintain additional venues,
12as necessary, to provide system stakeholders the opportunity for
13input into public policy issues related to substance use disorder
14services. It is further the intent of the Legislature that the substance
15use disorder services programs shall have input into policy
16discussions at the State Department of Health Care Services and
17at the California Health and Human Services Agency, and
18whenever appropriate.

19(b) It is the intent of the Legislature to ensure that the impacts
20of the transition of programs from the State Department of Alcohol
21and Drug Programs to the State Department of Health Care
22Services are identified and evaluated, initially and over time. It is
23further the intent of the Legislature to establish a baseline for
24evaluating, on an ongoing basis, how and why alcohol and other
25drug prevention and treatment service delivery was improved, or
26otherwise changed, as a result of this transition.

27(c) By April 1, 2014, and March 1 annually thereafter, the State
28Department of Health Care Services shall report to the Joint
29Legislative Budget Committee and the appropriate budget
30subcommittees and policy committees of the Legislature on the
31substance use disorder services programs, and publicly post the
32report on its Internet Web site.

33(1) The report shall contain all of the following:

34(A) A description of how the transfer of programs from the State
35Department of Alcohol and Drug Programs to the State
36Department of Health Care Services results in costs or savings to
37state and local government.

38(B) A description of how the transfer of programs from the State
39Department of Alcohol and Drug Programs to the State
P26   1Department of Health Care Services results in improved
2government efficiency and maximizes resources.

3(C) A description of how the transfer of programs from the State
4Department of Alcohol and Drug Programs to the State
5Department of Health Care Services results in improved
6coordination and integration of physical health care services with
7alcohol and other drug treatment services, both at the state and
8local level.

9(D) Using resources, including, but not limited to, the California
10Outcome Measurement Systems, baseline measurements, beginning
11in the years 2011-12, that can be used to measure year-over-year
12changes in access to alcohol and other drug treatment services,
13the effectiveness of alcohol and other drug treatment services, and
14the effectiveness of alcohol and other drug prevention efforts. The
15report’s baseline measurements shall include, but not be limited
16to, statewide and local data on all of the following:

17(i) Access to services, including demographics of persons served
18or seeking services.

19(ii) Access to services for vulnerable and underserved
20populations.

21(iii) System capacity, including prevention infrastructure and
22treatment services infrastructure.

23(iv) System outcomes, including treatment completion rates.

24(E) How the transfer of the State Department of Alcohol and
25Drug Programs has contributed to the discussions related to the
26delivery of health care services in California. The report shall also
27describe how stakeholder involvement was changed, maintained,
28or enhanced after the transition.

29(2) By November 30, 2013, the State Department of Health Care
30Services shall consult with legislative staff and with system
31stakeholders, including county representatives, to develop a
32reporting format consistent with the Legislature’s desired level of
33outcome and reporting detail.

34(d) This section shall become inoperative on July 1, 2018, and,
35as of January 1, 2019, is repealed, unless a later enacted statute,
36that becomes operative on or before January 1, 2019, deletes or
37extends the dates on which it becomes inoperative and is repealed.

end insert
38begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 11751 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39repealed.end insert

begin delete
P27   1

11751.  

The State Department of Alcohol and Drug Programs
2is under the control of an executive officer known as the Director
3of Alcohol and Drug Programs, who shall be appointed by the
4Governor, subject to confirmation by the Senate, and hold office
5at the pleasure of the Governor. The director shall receive the
6annual salary provided by Article 1 (commencing with Section
711550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the
8Government Code.

end delete
9begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 11751 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert11751.end insert  

(a) Except as provided in Section 131055.2, the State
12Department of Health Care Services shall succeed to and be vested
13with all the duties, powers, purposes, functions, responsibilities,
14and jurisdiction of the former State Department of Alcohol and
15Drug Programs.

16(b) Any reference in statute, regulation, or contract to the State
17Department of Alcohol and Drug Programs or the State
18Department of Alcohol and Drug Abuse shall refer to the State
19Department of Health Care Services to the extent that they relate
20to the transfer of duties, powers, purposes, functions,
21responsibilities, and jurisdiction made pursuant to this section.

22(c) No contract, lease, license, or any other agreement to which
23the State Department of Alcohol and Drug Programs is a party
24shall be made void or voidable by reason of the act that enacted
25this section, but shall continue in full force and effect with the State
26Department of Health Care Services assuming all of the rights,
27obligations, and duties of the State Department of Alcohol and
28Drug Programs with respect to the transfer of duties, powers,
29purposes, functions, responsibilities, and jurisdiction made
30pursuant to this section.

31(d) All unexpended balances of appropriations and other funds
32available for use by the State Department of Alcohol and Drug
33Programs in connection with any function or the administration
34of any law transferred to the State Department of Health Care
35Services pursuant to the act that enacted this section shall be
36available for use by the State Department of Health Care Services
37for the purpose for which the appropriation was originally made
38or the funds were originally available.

39(e) All books, documents, forms, records, data systems, and
40property of the State Department of Alcohol and Drug Programs
P28   1with respect to the transfer of duties, powers, purposes, functions,
2responsibilities, and jurisdiction made pursuant to this section
3shall be transferred to the State Department of Health Care
4Services.

5(f) Positions filled by appointment by the Governor in the State
6Department of Alcohol and Drug Programs whose principal
7assignment was to perform functions transferred pursuant to this
8section shall be transferred to the State Department of Health Care
9Services.

10(g) All employees serving in state civil service, other than
11temporary employees, who are engaged in the performance of
12functions transferred pursuant to this section, are transferred to
13the State Department of Health Care Services pursuant to the
14provisions of Section 19050.9 of the Government Code. The status,
15position, and rights of those persons shall not be affected by their
16transfer and shall continue to be retained by them pursuant to the
17State Civil Service Act (Part 2 (commencing with Section 18500)
18of Division 5 of Title 2 of the Government Code), except as to
19positions the duties of which are vested in a position exempt from
20civil service. The personnel records of all employees transferred
21pursuant to this section shall be transferred to the State Department
22of Health Care Services.

23(h) Any regulation or other action adopted, prescribed, taken,
24or performed by an agency or officer in the administration of a
25program or the performance of a duty, power, purpose, function,
26or responsibility pursuant to this division or Division 10.6
27(commencing with Section 11998) in effect prior to July 1, 2013,
28shall remain in effect unless or until amended, and shall be deemed
29to be a regulation or action of the agency to which or officer to
30whom the program, duty, power, purpose, function, responsibility,
31or jurisdiction is assigned pursuant to this section.

32(i) No suit, action, or other proceeding lawfully commenced by
33or against any agency or other officer of the state, in relation to
34the administration of any program or the discharge of any duty,
35power, purpose, function, or responsibility transferred pursuant
36to this section, shall abate by reason of the transfer of the program,
37duty, power, purpose, function, or responsibility under that section.

end insert
38begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 11751.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39repealed.end insert

begin delete
P29   1

11751.1.  

The Director of Alcohol and Drug Programs shall
2have the powers of a head of a department pursuant to Chapter 2
3(commencing with Section 11150) of Part 1 of Division 3 of Title
42 of the Government Code.

end delete
5begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 11751.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6repealed.end insert

begin delete
7

11751.2.  

There is in the State Department of Alcohol and Drug
8Programs any divisions as established by the department to the
9extent authorized by existing law.

end delete
10begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 11751.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11repealed.end insert

begin delete
12

11751.9.  

All officers or employees of the State Department of
13Alcohol and Drug Programs shall be appointed by the Director of
14Alcohol and Drug Programs.

end delete
15begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 11752 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
16amended to read:end insert

17

11752.  

As used in this division, “department” means the State
18Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert
19 and “director” means the Director ofbegin delete the State Department ofend delete
20begin delete Alcohol and Drug Programs.end deletebegin insert Health Care Services.end insert

21begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 11752.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
22amended to read:end insert

23

11752.1.  

(a) “County board of supervisors” includes county
24boards of supervisors in the case of counties acting jointly.

25(b) “Agency” means the California Health and Human Services
26Agency.

27(c) “Secretary” means the Secretary of California Health and
28Human Services.

begin delete end deletebegin delete

29(d) “County plan for alcohol and other drug services” or “county
30plan” means the county plan, including a budget, adopted by the
31board of supervisors pursuant to Chapter 4 (commencing with
32Section 11795) of Part 2.

end delete
begin delete end deletebegin delete

33(e)

end delete

34begin insert (d)end insert “Advisory board” means the county advisory board on
35alcohol and other drug problems established at the sole discretion
36of the county board of supervisors pursuant to Section 11805. If
37a county does not establish an advisory board, any provision of
38this chapter relative to the activities, duties, and functions of the
39advisory board shall be inapplicable to that county.

begin delete

40(f)

end delete

P30   1begin insert (e)end insert “Alcohol and drug program administrator” means the county
2program administrator designated pursuant to Section 11800.

begin delete

3(g)

end delete

4begin insert (f)end insert “State alcohol and other drug program” includes all state
5alcohol and other drug projects administered by the department
6and all county alcohol and other drug programs funded under this
7division.

begin delete

8(h)

end delete

9begin insert (g)end insert “Health systems agency” means the health planning agency
10established pursuant to Public Law 93-641.

begin delete

11(i)

end delete

12begin insert (h)end insert “Alcohol and other drug problems” means problems of
13individuals, families, and the community that are related to the
14abuse of alcohol and other drugs.

begin delete

15(j)

end delete

16begin insert (i)end insert “Alcohol abuser” means anyone who has a problem related
17to the consumption of alcoholic beverages whether or not it is of
18a periodic or continuing nature. This definition includes, but is not
19limited to, persons referred to as “alcoholics” and “drinking
20drivers.” These problems may be evidenced by substantial
21impairment to the person’s physical, mental, or social well-being,
22which impairment adversely affects his or her abilities to function
23in the community.

begin delete

24(k)

end delete

25begin insert (j)end insert “Drug abuser” means anyone who has a problem related to
26the consumption of illicit, illegal, legal, or prescription drugs or
27over-the-counter medications in a manner other than prescribed,
28whether or not it is of a periodic or continuing nature. This
29definition includes, but is not limited to, persons referred to as
30“drug addicts.” The drug-consumption-related problems of these
31persons may be evidenced by substantial impairment to the
32person’s physical, mental, or social well-being, which impairment
33adversely affects his or her abilities to function in the community.

begin delete

34(l)

end delete

35begin insert (k)end insert “Alcohol and other drug service” means a service that is
36designed to encourage recovery from the abuse of alcohol and
37other drugs and to alleviate or preclude problems in the individual,
38his or her family, and the community.

begin delete

39(m)

end delete

P31   1begin insert (end insertbegin insertlend insertbegin insert)end insert “Alcohol and other drug abuse program” means a collection
2of alcohol and other drug services that are coordinated to achieve
3the specified objectives of this part.

begin delete

4(n)

end delete

5begin insert (m)end insert “Driving-under-the-influence program,” “DUI program,”
6or “licensed program” means an alcohol and other drug service
7that has been issued a valid license by the department to provide
8services pursuant to Chapter 9 (commencing with Section 11836)
9of Part 2.

begin delete

10(o)

end delete

11begin insert (n)end insert “Clients-participants” means recipients of alcohol and other
12drug prevention, treatment, and recovery program services.

begin delete

13(p)

end delete

14begin insert (o)end insert “Substance Abuse and Mental Health Services
15Administration” means that agency of the United States Department
16of Health and Human Services.

17begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 11755.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

11755.2.  

(a) The department may implement a program for
20the establishment of group homes for alcohol and other drug
21abusers as provided for in Section 300x-4a of Title 42 of the United
22States Code.

23(b) The department may establish the Resident-Run Housing
24Revolving Fund for the purpose of making loans to group
25resident-run homes in conformance with federal statutes and
26regulations. Any program for the purpose of making loans to group
27resident-run homes shall be a part of the Resident-Run Housing
28Revolving Fund. Any unexpended balances in a current program
29shall be transferred to the Resident-Run Housing Revolving Fund
30and be available for expenditure during the following fiscal year.
31Appropriations for subsequent fiscal years shall be provided in the
32annual Budget Act. All loan payments received from previous
33loans shall be deposited in the Resident-Run Housing Revolving
34Fund, as well as all future collections. The Resident-Run Housing
35Revolving Fund shall be invested in the Pooled Money Investment
36Fund. Interest earned shall accrue to the Resident-Run Housing
37Revolving Fund and may be made available for future group
38resident-run home loans.

39(c) The department may adopt regulations as are necessary to
40implement this section.

begin insert

P32   1(d) This section shall become inoperative on July 1, 2013.

end insert
2begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 11756.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
3amended to read:end insert

4

11756.8.  

(a) It is the intent of the Legislature to ensure that
5the impacts of the 2011 realignment of alcohol and drug program
6services are identified and evaluated initially and over time. It is
7further the intent of the Legislature to ensure that information
8regarding these impacts is publicly available and accessible and
9can be utilized to support the state’s and counties’ effectiveness
10in delivering these critical services and supports.

11(b) (1) The State Department ofbegin delete Alcohol and Drug Programs
12and the State Department ofend delete
Health Carebegin delete Services, which
13administers the Drug Medi-Cal Program,end delete
begin insert Servicesend insert shall annually
14report to the appropriate fiscal and policy committees of the
15Legislature, and publicly post, a summary of outcome and
16expenditure data that allows for monitoring of changes over time
17and indicates the degree to which programs are meeting state- and
18county-defined outcome measures.

19(2) This report shall be submitted and posted each year by April
2015 and shall contain expenditures for each county for the programs
21described in clauses (i) to (iv), inclusive, of subparagraph (B) of
22paragraph (16) of subdivision (f) of Section 30025 of the
23Government Code.

24(3) The department shall consult with legislative staff and with
25stakeholders to develop a reporting format consistent with the
26Legislature’s desired level of outcome and expenditure reporting
27detail.

28begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 11757.53 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
29amended to read:end insert

30

11757.53.  

(a)  The Office of Perinatal Substance Abuse is
31hereby established within the State Department ofbegin delete Alcohol and
32Drug Programs.end delete
begin insert Health Care Services.end insert For purposes of this chapter,
33“office” means the Office of Perinatal Substance Abuse.

34(b)  The office may do any of the following:

35(1)  Coordinate pilot projects and planning projects funded by
36the state which are related to perinatal substance abuse.

37(2)  Provide technical assistance to counties, public entities, and
38private entities that are attempting to address the problem of
39perinatal substance abuse.

P33   1(3)  Serve as a clearinghouse of information regarding strategies
2and programs which address perinatal substance abuse.

3(4)  Encourage innovative responses by public and private
4entities that are attempting to address the problem of perinatal
5substance abuse.

6(5)  Review proposals of, and develop proposals for, state
7agencies regarding the funding of programs relating to perinatal
8substance abuse.

9(c)  The office shall adopt, amend, or repeal any reasonable
10rules, regulations, or standards as may be necessary or proper to
11carry out the purposes and intent of this chapter and to enable the
12office and the department to exercise the powers and perform the
13duties conferred upon it by this chapter.

14begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 11757.65 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert

16

11757.65.  

(a) The Legislature hereby finds and declares both
17of the following:

18(1) The state has an interest in the women and children’s
19residential treatment services (WCRTS) program.

20(2) In 2012, there are eight local WCRTS programs established
21through grants from the federal Center for Substance Abuse
22Treatment, Residential Women and Children, and Pregnant and
23Postpartum Women Demonstration Program. WCRTS programs
24pursue the following four primary goals:

25(A) Demonstrate that alcohol and other drug abuse treatment
26services delivered in a residential setting and coupled with primary
27health, mental health, and social services for women and children,
28can improve overall treatment outcomes for women, children, and
29the family unit as a whole.

30(B) Demonstrate the effectiveness of six-month or 12-month
31stays in a comprehensive residential treatment program.

32(C) Develop models of effective comprehensive service delivery
33for women and their children that can be replicated in similar
34communities.

35(D) Provide services to promote safe and healthy pregnancies
36and perinatal outcomes.

37(b) It is the intent of the Legislature for the following outcomes
38to be achieved through the WCRTS program:

39(1) Preserving family unity.

40(2) Promoting healthy pregnancies.

P34   1(3) Enabling children to thrive.

2(4) Freeing women and their families from substance abuse.

3(c) It is also the intent of the Legislature for the State Department
4ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert to work
5collaboratively with counties and the eight WCRTS programs
6receiving funds from the Women’s and Children’s Residential
7Treatment Services Special Account under the 2011 realignment
8to develop reporting requirements. It is the intent of the Legislature
9that, to the extent that WCRTS programs report to the counties,
10the counties annually report data on the outcomes achieved by the
11WCRTS program to the department and for the department to
12annually report to the appropriate budget committees of the
13Legislature on the fiscal and programmatic status of the WCRTS
14program.

15(d) Any county may establish a WCRTS program designed to
16meet the goals and produce the same outcomes as described in this
17 section.

18begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 11758.03 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
19amended to read:end insert

20

11758.03.  

“Department” means the State Department of
21begin delete Alcohol and Drug Programs.end deletebegin insert Health Care Services.end insert

22begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 11758.06 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

11758.06.  

(a) On or before July 1, 2004, and on or before
25January 1, 2009, as specified in subdivision (c), the department
26shall place on its Internet Web site information on drug overdose
27trends in California, including county and state death rates, from
28existing data, in order to ascertain changes in the causes or rates
29of fatal and nonfatal drug overdoses for the preceding five years.

30(b) The information required by subdivision (a) shallbegin delete include ,end delete
31begin insert include,end insert to the extent available, data on all of the following:

32(1) Trends in drug overdose death rates by county or city, or
33both.

34(2) Suggested improvements in data collection.

35(3) A description of interventions that may be effective in
36reducing the rate of fatal or nonfatal drug overdoses.

37(c) The information required by subdivision (a) to be placed on
38the department’s Internet Web site shall remain on the Internet
39Web site for a period of not less than six months. The department
40shall update the information required pursuant to subdivision (a)
P35   1and shall place the updated information on the Internet Web site
2on or before January 1, 2009, for a period of not less than six
3months.

begin insert

4(d) This section shall become inoperative on July 1, 2013.

end insert
5begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 11759.5 is added to the end insertbegin insertHealth and Safety
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert11759.5.end insert  

This chapter shall become inoperative on July 1,
82013.

end insert
9begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 11773 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

11773.  

(a) Subject to Section 11773.1, the department shall
12develop and implement a statewide prevention campaign designed
13to deter the abuse of methamphetamine in California.

14(b) (1) The department may design the campaign to deter initial
15and continued use of methamphetamine.

16(2) The department may also design the campaign to target
17communities or populations that use methamphetamine at a greater
18rate than the general population, communities or populations in
19which the transmission and contraction of HIV and AIDS, hepatitis
20C, and other diseases is significantly related to methamphetamine
21use, communities or populations in which the use of
22 methamphetamine is likely to have a negative effect on children,
23communities or populations at risk due to the environmental
24damage caused by the methamphetamine production, and any other
25community or population that is at a high risk of methamphetamine
26use or addiction.

27(3) In determining the intended audience of the campaign, the
28department shall give priority to communities or populations in
29which the use of methamphetamine is most likely to be deterred
30by the campaign. In determining which communities or populations
31to include in the audience of the campaign, the department shall
32rely on evidence from published reports, the experience of other
33drug abuse prevention programs, and other relevant sources.

34(c) (1) The department shall, in the implementation of the
35program, use a variety of media to convey its messages to its
36intended audiences. This media may include, but need not be
37limited to, television, radio, billboards, print media, and the
38Internet.

39(2) The department may use a variety of marketing and
40community outreach programs to convey its message, including,
P36   1but not limited to, programs at schools, fairs, conventions, and
2other venues.

3(3) The department shall conduct and base the development of
4its messages on market research, including, but not limited to,
5opinion polling and focus groups, to determine which messages
6would be most effective in deterring methamphetamine use within
7particular communities or populations.

8(d) The department may incorporate information regarding drug
9addiction treatment programs into messages meant for individuals
10who are addicted to methamphetamine.

11(e) In implementing the campaign, the department shall work
12with public and private organizations to extend its message to a
13wide range of venues and media outlets.

14(f) The department may contract with private or public
15organizations for the development and implementation of the
16campaign.

17(g) The department shall conduct research to measure the effect
18of the prevention campaign and shall annually report its findings
19to the chairpersons of the appropriate Senate and Assembly Health
20committees.

begin insert

21(h) This section shall become inoperative on July 1, 2013.

end insert
22begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 11773.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

11773.1.  

(a) The department may accept voluntary
25contributions, in cash or in-kind, to pay for the costs of
26implementing the program under this article. Voluntary
27contributions shall be deposited into the California
28Methamphetamine Abuse Prevention Account, which is hereby
29created in the State Treasury. Only private moneys, donated for
30the purposes of this article, may be deposited into the account.
31Moneys in the account are hereby appropriated to the department
32for the purposes of this article for the 2006-07 fiscal year. The
33Legislature may appropriate moneys in the account for subsequent
34fiscal years in the annual Budget Act or any other act.

35(b) Notwithstanding subdivision (a), during the 2006-07 fiscal
36year, the department shall develop and implement the campaign
37established under this article only upon a determination by the
38Director of Finance that sufficient private donations have been
39collected and deposited into the California Methamphetamine
40Abuse Prevention Account. If sufficient funds are collected and
P37   1deposited, the Director of Finance shall file a written notice thereof
2with the Secretary of State.

3(c) Except as provided in subdivision (b) of Section 11773.2,
4for purposes of this article, “sufficient private donations” means
5funds in the amount of at least twelve million dollars
6($12,000,000).

begin insert

7(d) This section shall become inoperative on July 1, 2013.

end insert
8begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 11773.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
9amended to read:end insert

10

11773.2.  

(a) Notwithstanding Section 11773.1, during the
112006-07 fiscal year, the department may develop and implement
12a limited campaign to deter the abuse of methamphetamine by
13limiting the intended audience of the campaign in accordance with
14paragraphs (2) and (3) of subdivision (b) of Section 11773, only
15upon a determination by the Director of Finance that sufficient
16private donations have been collected and deposited into the
17California Methamphetamine Abuse Prevention Account. If
18sufficient funds are collected and deposited in the account, the
19Director of Finance shall file a written notice thereof with the
20Secretary of State.

21(b) For purposes of this section, “sufficient private donations”
22means funds in the amount of at least five hundred thousand dollars
23($500,000). Nothing in this section shall be construed to require
24the department to implement a campaign where the cost of the
25campaign would exceed the private donations available for the
26campaign in the California Methamphetamine Abuse Prevention
27Account.

begin insert

28(c) This section shall become inoperative on July 1, 2013.

end insert
29begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 11773.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert

31

11773.3.  

begin insert(a)end insertbegin insertend insert Any funds that are not expended or encumbered
32for purposes of this article 730 days after being deposited into the
33California Methamphetamine Abuse Prevention Account shall be
34returned to the private donor.

begin insert

35(b) This section shall become inoperative on July 1, 2013.

end insert
36begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 11776 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert

38

11776.  

The department shall confer and cooperate with other
39state agencies whose responsibilities include alleviating the
40problems related to inappropriate alcohol use and other drug use
P38   1in order to maximize the state’s effectiveness and limited resources
2in these efforts. These agencies shall include, but are not limited
3to, the Departments of Alcoholic Beverage Control, Corrections
4and Rehabilitation, Industrial Relations, Motor Vehicles, and
5Rehabilitation, the State Departments of Developmental Services,
6Education,begin delete Health Care Services,end delete Public Health, and Social
7Services, the Employment Development Department, and the
8Office of Traffic Safety.

9begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 11798 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

11798.  

(a) Counties that apply for funds to provide alcohol
12and other drug abuse services shall prepare and submit a contract
13for alcohol and other drug abuse services to the department. The
14contract shall include a budget for all funds sources to be used to
15provide alcohol and other drug abuse services. The funds identified
16in the contract shall be used exclusively for county alcohol and
17other drug abuse services to the extent that the activities meet the
18requirements for receipt of the federal block grant funds for
19prevention and treatment of substance abuse described in
20Subchapter XVII of Chapter 6A of Title 42 of the United States
21Code and shall be separately identified and accounted for. The
22county shall report utilization of those funds in an annual cost
23report pursuant to subdivision (b) of Section 11798.1.

24(b) The contract shall include provisions to ensure both of the
25following:

26(1) The appropriate expenditures of funds necessary to meet the
27requirements for receipt of federal block grant funds for prevention
28and treatment of substance abuse described in Subchapter XVII
29of Chapter 6A of Title 42 of the United States Code and other
30applicable federal provisions for funds.

31(2) The provision of information necessary for the department
32to meet its oversight function, including, but not limited to, any
33required auditing, reporting, and data collection.

34(c) The contract shall specify the type, scope, and cost of the
35services to be provided.

36(d) The department, after consultation with county alcohol and
37drug program administrators, shall develop standardized forms to
38be used by the counties in the development and submission of the
39contracts. The forms shall include terms and conditions relative
40to county compliance with applicable laws.

begin delete end deletebegin delete

P39   1(e) Net negotiated amount contracts that are in effect at the time
2that the act that added this section is enacted shall be deemed
3contracts for alcohol and other drug abuse services for purposes
4of this section.

end delete
begin delete end deletebegin delete

5(f)

end delete

6begin insert (e)end insert Performance requirements shall be included within the terms
7of the contract and shall include, at a minimum, all of the
8following:

9(1) A provision for an adequate quality and quantity of service.

10(2) A provision for access to services for at-risk populations.

11(3) A provision requiring that all funds allocated by the state
12for alcohol and other drug programs shall be used exclusively for
13the purpose for which those funds are distributed.

14(4) A provision requiring that performance be in compliance
15with applicable state and federal laws, regulations, and standards.

16(5) Estimated numbers and characteristics of clients-participants
17by type of service.

begin delete

18(g)

end delete

19begin insert (f)end insert The contract shall include a provision that allows the
20department access to financial and service records of the county
21and contractors of the county for the purpose of auditing the
22requirements in the contract and establishing the data necessary
23to meet federal auditing and reporting requirements.

begin delete

24(h)

end delete

25begin insert (g)end insert The contract shall include a provision for resolution of
26disputed audit findings.

begin delete

27(i)

end delete

28begin insert (h)end insert Where two or more counties jointly establish substance use
29programs or where a county contracts to provide services in another
30county pursuant to Section 11796, information regarding the
31arrangement shall be included in the contract for alcohol and other
32drug abuse services.

begin delete

33(j)

end delete

34begin insert (i)end insert The contract shall include a provision requiring the county
35to ensure the security of client records as required by state and
36federal law.

begin delete

37(k)

end delete

38begin insert (j)end insert The contract shall be presented for public input, review, and
39comment, and the final contract shall be posted on the county’s
40Internet Web site.

begin delete

P40   1(l)

end delete

2begin insert (k)end insert (1) Notwithstanding the rulemaking provisions of Chapter
33.5 (commencing with Section 11340) of Part 1 of Division 3 of
4Title 2 of the Government Code, the department may implement,
5interpret, or make specific this section by means of all-county
6letters, plan letters, plan or provider bulletins, or similar instructions
7from the department until regulations are adopted pursuant to that
8chapter of the Government Code.

9(2) The department shall adopt emergency regulations no later
10than July 1, 2014. The department may subsequently readopt any
11emergency regulation authorized by this section that is the same
12as or is substantially equivalent to an emergency regulation
13previously adopted pursuant to this section.

14(3) The initial adoption of emergency regulations implementing
15this section and the one readoption of emergency regulations
16authorized by this subdivision shall be deemed an emergency and
17necessary for the immediate preservation of the public peace,
18health, safety, or general welfare. Initial emergency regulations
19and the one readoption of emergency regulations authorized by
20this section shall be exempt from review by the Office of
21Administrative Law. The initial emergency regulations and the
22one readoption of emergency regulations authorized by this section
23shall be submitted to the Office of Administrative Law for filing
24with the Secretary of State and each shall remain in effect for no
25more than 180 days, by which time final regulations may be
26adopted.

27begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 11798.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28repealed.end insert

begin delete
29

11798.1.  

(a) Counties may each develop and operate their
30alcohol and other drug abuse programs that would otherwise be
31required under this division, as one coordinated program in each
32county. Counties may combine their alcohol and drug advisory
33boards, their alcohol and other drug plans, their alcohol and drug
34budgets, and the submission deadlines for alcohol and other drug
35budgets and cost reports pursuant to subdivision (b), and the
36administration of programs at both the county and provider levels.

37(b) A county may, by resolution of its board of supervisors,
38develop and operate alcohol and other drug abuse programs as one
39coordinated system. In establishing coordinated systems with
P41   1 combined alcohol and other drug services counties shall do all of
2the following:

3(1) Report all of the following to the department:

4(A) Utilization of all funds allocated by the department to the
5county in a combined annual cost report pursuant to state and
6federal requirements.

7(B) All information necessary for the department to administer
8this section, including, but not limited to, information needed to
9meet federal reporting requirements. This information shall be
10reported on a form developed by the department in consultation
11with the County Alcohol and Drug Programs Administrators
12Association of California.

13(2) Combine drug and alcohol administrations in performance
14of alcohol and other drug program administrative duties pursuant
15to Section 11801.

16(3) Require combined programs, for planning and reimbursement
17purposes, to assess or categorize program participants at the time
18of admission and discharge with regard to whether their primary
19treatment needs are related to abuse of alcohol or of other drugs.

20(4) Ensure that combined programs comply with statewide
21program standards developed pursuant to regulations adopted by
22the department in consultation with the alcohol and drug
23administrators.

24(c) A county operating a coordinated system under this section
25shall assess or categorize a program participant at the time of
26admission and discharge as having problems primarily with abuse
27of either alcohol or of other drugs for purposes of federal
28reimbursement as required by federal law and report information
29to the department in a form consistent with existing data collection
30systems.

31(d) (1) Notwithstanding the rulemaking provisions of Chapter
323.5 (commencing with Section 11340) of Part 1 of Division 3 of
33Title 2 of the Government Code, the department may implement,
34interpret, or make specific the amendments to this section made
35by the act that added this subdivision by means of all-county letters,
36plan letters, plan or provider bulletins, or similar instructions from
37the department until regulations are adopted pursuant to that
38chapter of the Government Code.

39(2) The department shall adopt emergency regulations no later
40than July 1, 2014. The department may subsequently readopt any
P42   1emergency regulation authorized by this section that is the same
2as or is substantially equivalent to an emergency regulation
3previously adopted pursuant to this section.

4(3) The initial adoption of emergency regulations implementing
5this section and the one readoption of emergency regulations
6authorized by this subdivision shall be deemed an emergency and
7necessary for the immediate preservation of the public peace,
8health, safety, or general welfare. Initial emergency regulations
9and the one readoption of emergency regulations authorized by
10this section shall be exempt from review by the Office of
11Administrative Law. The initial emergency regulations and the
12one readoption of emergency regulations authorized by this section
13shall be submitted to the Office of Administrative Law for filing
14with the Secretary of State and each shall remain in effect for no
15more than 180 days, by which time final regulations may be
16adopted.

end delete
17begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 11812.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

11812.6.  

begin delete (a)end deletebegin delete end deletebegin deleteend deletebegin delete end delete In addition to any other services authorized
20under this chapter, the department shall urge the county to develop
21within existing resources specific policies and procedures to
22address the unique treatment problems presented by persons who
23are both mentally disordered and chemically dependent. Priority
24may be given to developing policies and procedures that relate to
25the diagnosis and treatment of homeless persons who are mentally
26disordered and chemically dependent.

begin delete

27(b) The director shall consult with the Director of Health Care
28Services in developing guidelines for county mental health and
29alcohol and drug treatment programs in order to comply with this
30section.

end delete
31begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 11820.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
32repealed.end insert

begin delete
33

11820.1.  

The department shall work together with the Office
34of Statewide Health Planning and Development and any other
35statewide health planning agencies created pursuant to Public Law
3693-641 in the preparation and implementation of the state health
37plan required under that act. The department shall seek the advice
38and comments of public and private agencies and individuals
39concerned with alcohol and other drug problems prior to
40submission by the department of any draft plans to the office.

end delete
P43   1begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 11836.16 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

11836.16.  

The State Department ofbegin delete Alcohol and Drug Programsend delete
4begin insert Health Care Servicesend insert shall adopt regulations for satellite offices
5of driving-under-the-influence programs. The regulations shall
6include, but not be limited to, any limitations on where a satellite
7office may be located and the minimum and maximum number of
8clients to whom a satellite office may provide services. When
9adopting regulations pursuant to this section, the department shall
10also consider an appropriate licensing procedure for these offices.
11For purposes of this section, a “satellite office” is an offsite location
12of an existing licensed driving-under-the-influence program.

13begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 11837 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert

15

11837.  

(a) Pursuant to the provisions of law relating to
16suspension of a person’s privilege to operate a motor vehicle upon
17conviction for driving while under the influence of any alcoholic
18beverage or drug, or under the combined influence of any alcoholic
19beverage and any drug, as set forth in paragraph (3) of subdivision
20(a) of Section 13352 of the Vehicle Code, the Department of Motor
21Vehicles shall restrict the driving privilege pursuant to Section
2213352.5 of the Vehicle Code, if the person convicted of that offense
23participates for at least 18 months in a driving-under-the-influence
24program that is licensed pursuant to this chapter.

25(b) In determining whether to refer a person, who is ordered to
26participate in a program pursuant to Section 668 of the Harbors
27and Navigation Code, in a licensed alcohol and other drug
28education and counseling services program pursuant to Section
2923538 of the Vehicle Code, or, pursuant to Section 23542, 23548,
3023552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed
3118-month or 30-month program, the court may consider any
32relevant information about the person made available pursuant to
33a presentence investigation, that is permitted but not required under
34Section 23655 of the Vehicle Code, or other screening procedure.
35That information shall not be furnished, however, by any person
36who also provides services in a privately operated, licensed
37program or who has any direct interest in a privately operated,
38licensed program. In addition, the court shall obtain from the
39Department of Motor Vehicles a copy of the person’s driving
40record to determine whether the person is eligible to participate in
P44   1a licensed 18-month or 30-month program pursuant to this chapter.
2When preparing a presentence report for the court, the probation
3department may consider the suitability of placing the defendant
4in a treatment program that includes the administration of
5nonscheduled nonaddicting medications to ameliorate an alcohol
6or controlled substance problem. If the probation department
7recommends that this type of program is a suitable option for the
8defendant, the defendant who would like the court to consider this
9option shall obtain from his or her physician a prescription for the
10medication, and a finding that the treatment is medically suitable
11for the defendant, prior to consideration of this alternative by the
12court.

13(c) (1) The court shall, as a condition of probation pursuant to
14Section 23538 or 23556 of the Vehicle Code, refer a first offender
15whose concentration of alcohol in his or her blood was less than
160.20 percent, by weight, to participate for at least three months or
17longer, as ordered by the court, in a licensed program that consists
18of at least 30 hours of program activities, including those education,
19group counseling, and individual interview sessions described in
20this chapter.

21(2) Notwithstanding any other provision of law, in granting
22probation to a first offender described in this subdivision whose
23concentration of alcohol in the person’s blood was 0.20 percent
24or more, by weight, or the person refused to take a chemical test,
25the court shall order the person to participate, for at least nine
26months or longer, as ordered by the court, in a licensed program
27that consists of at least 60 hours of program activities, including
28those education, group counseling, and individual interview
29sessions described in this chapter.

30(d) (1) The State Department ofbegin delete Alcohol and Drug Programs
31shallend delete
begin insert Health Care Services mayend insert specify in regulations the activities
32required to be provided in the treatment of participants receiving
33nine months of licensed program services under Section 23538 or
3423556 of the Vehicle Code.

35(2) Any program licensed pursuant to this chapter may provide
36treatment services to participants receiving at least six months of
37licensed program services under Section 23538 or 23556 of the
38Vehicle Code.

39(e) The court may, subject to Section 11837.2, and as a condition
40of probation, refer a person to a licensed program, even though
P45   1the person’s privilege to operate a motor vehicle is restricted,
2suspended, or revoked. An 18-month program described in Section
323542 or 23562 of the Vehicle Code or a 30-month program
4described in Section 23548, 23552, or 23568 of the Vehicle Code
5may include treatment of family members and significant other
6persons related to the convicted person with the consent of those
7family members and others as described in this chapter, if there is
8no increase in the costs of the program to the convicted person.

9(f) The clerk of the court shall indicate the duration of the
10program in which the judge has ordered the person to participate
11in the abstract of the record of the court that is forwarded to the
12department.

begin delete

13(g) This section shall become operative on September 20, 2005.

end delete
14begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 11839.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert

16

11839.1.  

The Legislature finds and declares that it is in the
17best interests of the health and welfare of the people of this state
18to coordinate narcotic treatment programs to usebegin delete replacementend delete
19 narcoticbegin insert replacementend insert therapy in the treatment of addicted persons
20whose addiction was acquired or supported by the use of a narcotic
21drug or drugs, not in compliance with a physician and surgeon’s
22legal prescription, and to establish and enforce minimum
23requirements for the operation of all narcotic treatment programs
24in this state.

25begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 11839.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

11839.2.  

The following controlled substances are authorized
28for use inbegin delete replacementend delete narcoticbegin insert replacementend insert therapy by licensed
29narcotic treatment programs:

30(a) Methadone.

31(b) Levoalphacetylmethadol (LAAM) as specified in paragraph
32(10) of subdivision (c) of Section 11055.

33(c) Buprenorphine products or combination of products approved
34by the federal Food and Drug Administration for maintenance or
35detoxification of opioid dependence.

36(d) Any other federally approved, controlled substances used
37for the purpose of narcotic replacement treatment.

38begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 11839.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert

P46   1

11839.3.  

(a) In addition to the duties authorized by other
2statutes, the department shall perform all of the following:

3(1) License the establishment of narcotic treatment programs
4in this state to usebegin delete replacementend delete narcoticbegin insert replacementend insert therapy in
5the treatment of addicted persons whose addiction was acquired
6or supported by the use of a narcotic drug or drugs, not in
7compliance with a physician and surgeon’s legal prescription,
8except that the Research Advisory Panel shall have authority to
9approve methadone or LAAM research programs. The department
10shall establish and enforce the criteria for the eligibility of patients
11to be included in the programs, program operation guidelines, such
12as dosage levels, recordkeeping and reporting, urinalysis
13requirements, take-home doses ofbegin delete methadone,end deletebegin insert controlled
14substances authorized for use pursuant to Section 11839.2,end insert
security
15against redistribution of thebegin delete replacementend delete narcoticbegin insert replacementend insert
16 drugs, and any other regulations that are necessary to protect the
17safety and well-being of the patient, the local community, and the
18public, and to carry out this chapter. A program may admit a patient
19to narcotic maintenance or narcotic detoxification treatment seven
20days after completion of a prior withdrawal treatment episode. The
21arrest and conviction records and the records of pending charges
22against any person seeking admission to a narcotic treatment
23program shall be furnished to narcotic treatment program directors
24upon written request of the narcotic treatment program director
25provided the request is accompanied by a signed release from the
26person whose records are being requested.

27(2) Inspect narcotic treatment programs in this state and ensure
28that programs are operating in accordance with the law and
29regulations. The department shall have sole responsibility for
30compliance inspections of all programs in each county. Annual
31compliance inspections shall consist of an evaluation by onsite
32review of the operations and records of licensed narcotic treatment
33programs’ compliance with applicable state and federal laws and
34regulations and the evaluation of input from local law enforcement
35and local governments, regarding concerns about the narcotic
36treatment program. At the conclusion of each inspection visit, the
37department shall conduct an exit conference to explain the cited
38deficiencies to the program staff and to provide recommendations
39to ensure compliance with applicable laws and regulations. The
40department shall provide an inspection report to the licensee within
P47   130 days of the completed onsite review describing the program
2deficiencies. A corrective action plan shall be required from the
3program within 30 days of receipt of the inspection report. All
4corrective actions contained in the plan shall be implemented
5within 30 days of receipt of approval by the department of the
6corrective action plan submitted by the narcotic treatment program.
7For programs found not to be in compliance, a subsequent
8inspection of the program shall be conducted within 30 days after
9the receipt of the corrective action plan in order to ensure that
10corrective action has been implemented satisfactorily. Subsequent
11inspections of the program shall be conducted to determine and
12ensure that the corrective action has been implemented
13satisfactorily. For purposes of this requirement, “compliance” shall
14mean to have not committed any of the grounds for suspension or
15revocation of a license provided for under subdivision (a) of
16Section 11839.9 or paragraph (2) of subdivision (b) of Section
1711839.9. Inspection of narcotic treatment programs shall be based
18on objective criteria including, but not limited to, an evaluation of
19the programs’ adherence to all applicable laws and regulations and
20input from local law enforcement and local governments. Nothing
21in this section shall preclude counties from monitoring their
22contract providers for compliance with contract requirements.

23(3) Charge and collect licensure fees. In calculating the licensure
24fees, the department shall include staff salaries and benefits, related
25travel costs, and state operational and administrative costs. Fees
26shall be used to offset licensure and inspection costs not to exceed
27actual costs.

28(4) Study and evaluate, on an ongoing basis, narcotic treatment
29programs including, but not limited to, the adherence of the
30programs to all applicable laws and regulations and the impact of
31the programs on the communities in which they are located.

32(5) Provide advice, consultation, and technical assistance to
33narcotic treatment programs to ensure that the programs comply
34with all applicable laws and regulations and to minimize any
35negative impact that the programs may have on the communities
36in which they are located.

37(6) In its discretion, to approve local agencies or bodies to assist
38it in carrying out this chapter provided that the department may
39not delegate responsibility for inspection or any other licensure
40activity without prior and specific statutory approval. However,
P48   1the department shall evaluate recommendations made by county
2alcohol and drug program administrators regarding licensing
3activity in their respective counties.

4(7) The director may grant exceptions to the regulations adopted
5under this chapter if he or she determines that this action would
6improve treatment services or achieve greater protection to the
7health and safety of patients, the local community, or the general
8public. No exception may be granted if it is contrary to, or less
9stringent than, the federal laws and regulations which govern
10narcotic treatment programs.

11(b) It is the intent of the Legislature in enacting this section in
12order to protect the general public and local communities, that
13self-administered dosage shall only be provided when the patient
14is clearly adhering to the requirements of the program, and where
15daily attendance at a clinic would be incompatible with gainful
16employment, education, and responsible homemaking. The
17department shall define “satisfactory adherence” and shall ensure
18that patients not satisfactorily adhering to their programs shall not
19be provided take-home dosage.

20(c) There is established in the State Treasury the Narcotic
21Treatment Program Licensing Trust Fund. All licensure fees
22collected from the providers of narcotic treatment service shall be
23deposited in this fund. Except as otherwise provided in this section,
24if funds remain in this fund after appropriation by the Legislature
25and allocation for the costs associated with narcotic treatment
26licensure actions and inspection of narcotic treatment programs,
27a percentage of the excess funds shall be annually rebated to the
28licensees based on the percentage their licensing fee is of the total
29amount of fees collected by the department. A reserve equal to 10
30percent of the total licensure fees collected during the preceding
31fiscal year may be held in each trust account to reimburse the
32department if the actual cost for the licensure and inspection exceed
33fees collected during a fiscal year.

34(d) Notwithstanding any provision of this code or regulations
35to the contrary, the department shall have sole responsibility and
36authority for determining if a state narcotic treatment program
37license shall be granted and for administratively establishing the
38 maximum treatment capacity of any license. However, the
39department shall not increase the capacity of a program unless it
P49   1determines that the licensee is operating in full compliance with
2applicable laws and regulations.

3begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 11839.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4amended to read:end insert

5

11839.5.  

In addition to the duties authorized by other
6provisions, the department shall be responsible for licensing
7narcotic treatment programs to usebegin delete replacementend delete narcotic
8begin insert replacementend insert therapy in the treatment of addicted persons whose
9addiction was acquired or supported by the use of a narcotic drug
10or drugs, not in compliance with a physician and surgeon’s legal
11prescription. No narcotic treatment program shall be authorized
12to usebegin delete replacementend delete narcoticbegin insert replacementend insert therapy without first
13obtaining a license therefor as provided in this chapter. The
14department may license narcotic treatment programs on an inpatient
15or outpatient basis, or both. The department may also grant a state
16narcotic treatment license.

17begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 11839.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert

19

11839.7.  

(a) (1) Each narcotic treatment program authorized
20to usebegin delete replacementend delete narcoticbegin insert replacementend insert therapy in this state,
21except narcotic treatment research programs approved by the
22Research Advisory Panel, shall be licensed by the department.

23(2) Each narcotic treatment program, other than a program
24owned and operated by the state, county, city, or city and county,
25shall, upon application for licensure and for renewal of a license,
26pay an annual license fee to the department. July 1 shall be the
27annual license renewal date.

28(3) The department shall set the licensing fee at a level sufficient
29to cover all departmental costs associated with licensing incurred
30by the department, but the fee shall not, except as specified in this
31section, increase at a rate greater than the Consumer Price Index.
32The fees shall include the department’s share of pro rata charges
33for the expenses of state government. The fee may be paid quarterly
34in arrears as determined by the department. Fees paid quarterly in
35arrears shall be due and payable on the last day of each quarter
36except for the fourth quarter for which payment shall be due and
37payable no later than May 31. A failure of a program to pay
38renewal license fees by the due date shall give rise to a civil penalty
39of one hundred dollars ($100) a day for each day after the due date.
40Second and subsequent inspection visits to narcotic treatment
P50   1programs that are operating in noncompliance with the applicable
2laws and regulations shall be charged a rate of one-half the
3program’s annual license fee or one thousand dollars ($1,000),
4whichever is less, for each visit.

5(4) Licensing shall be contingent upon determination by the
6department that the program is in compliance with applicable laws
7and regulations and upon payment of the licensing fee. A license
8shall not be transferable.

9(5) (A) As used in this chapter, “quarter” means July, August,
10and September; October, November, and December; January,
11February, and March; and April, May, and June.

12(B) As used in this chapter, “license” means a basic permit to
13operate a narcotic treatment program. The license shall be issued
14exclusively by the department and operated in accordance with a
15patient capacity that shall be specified, approved, and monitored
16solely by the department.

17(b) Each narcotic treatment program, other than a program
18owned and operated by the state, county, city, or city and county,
19shall be charged an application fee that shall be at a level sufficient
20to cover all departmental costs incurred by the department in
21 processing either an application for a new program license, or an
22application for an existing program that has moved to a new
23location.

24(c) Any licensee that increases fees to the patient, in response
25to increases in licensure fees required by the department, shall first
26provide written disclosure to the patient of that amount of the
27patient fee increase that is attributable to the increase in the
28licensure fee. This provision shall not be construed to limit patient
29fee increases imposed by the licensee upon any other basis.

30begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 11839.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert

32

11839.9.  

(a) The director shall suspend or revoke any license
33issued under this article, or deny an application to renew a license
34or to modify the terms and conditions of a license, upon any
35violation by the licensee of this article or regulations adopted under
36this article that presents an imminent danger of death or severe
37harm to any participant of the program or a member of the general
38public.

39(b) The director may suspend or revoke any license issued under
40this article, or deny an application to renew a license or to modify
P51   1the terms and conditions of a license, upon any of the following
2grounds and in the manner provided in this article:

3(1) Violation by the licensee of any laws or regulations of the
4Substance Abuse and Mental Health Services Administration or
5the United States Department of Justice, Drug Enforcement
6Administration, that are applicable to narcotic treatment programs.

7(2) Any violation that relates to the operation or maintenance
8of the program that has an immediate relationship to the physical
9health, mental health, or safety of the program participants or
10general public.

11(3) Aiding, abetting, or permitting the violation of, or any
12repeated violation of, any of the provisions set forth in subdivision
13(a) or in paragraph (1) or (2).

14(4) Conduct in the operation of a narcotic treatment program
15that is inimical to the health, welfare, or safety of an individual in,
16or receiving services from, the program, the local community, or
17the people of the State of California.

18(5) The conviction of the licensee or any partner, officer,
19director, 10 percent or greater shareholder, or person employed
20under the authority of subdivision (c) of Section 2401 of the
21Business and Professions Code at any time during licensure, of a
22crime substantially related to the qualifications, functions, or duties
23of, or relating to, a narcotic treatment program licensee.

24(6) The commission by the licensee or any partner, officer,
25director, 10 percent or greater shareholder, or person employed
26under the authority of subdivision (c) of Section 2401 of the
27Business and Professions Code at any time during licensure, of
28any act involving fraud, dishonesty, or deceit, with the intent to
29substantially benefit himself or herself or another, or substantially
30to injure another, and that act is substantially related to the
31qualifications, functions, or duties of, or relating to, a narcotic
32treatment program licensee.

33(7) Diversion of narcotic drugs. A program’s failure to maintain
34a narcotic drug reconciliation system that accounts for all incoming
35and outgoing narcotic drugs, as required by departmental or federal
36regulations, shall create a rebuttable presumption that narcotic
37drugs are being diverted.

38(8) Misrepresentation of any material fact in obtaining the
39narcotic treatment program license.

P52   1(9) Failure to comply with a department order to cease admitting
2patients or to cease providing patients with take-home dosages of
3begin delete replacementend delete narcoticbegin insert replacementend insert drugs.

4(10) Failure to pay any civil penalty assessed pursuant to
5paragraph (3) of subdivision (a) of Section 11839.16 where the
6penalty has become final, unless payment arrangements acceptable
7to the department have been made.

8(11) The suspension or exclusion of the licensee or any partner,
9officer, director, 10 percent or greater shareholder, or person
10employed under the authority of subdivision (c) of Section 2401
11of the Business and Professions Code from the Medicare, medicaid,
12or Medi-Cal programs.

13(c) Prior to issuing an order pursuant to this section, the director
14shall ensure continuity of patient care by the program’s guarantor
15or through the transfer of patients to other licensed programs. The
16director may issue any needed license or amend any other license
17in an effort to ensure that patient care is not impacted adversely
18by an order issued pursuant to this section.

19begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 11839.26 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

11839.26.  

The State Department of Healthbegin insert Careend insert Services shall
22enforce this article and the rules and regulations adopted pursuant
23to thisbegin delete article by the department.end deletebegin insert article.end insert

24begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 11842 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert

26

11842.  

As used in this chapter, “narcotic and drug abuse
27program” means any program that provides any service of care,
28treatment, rehabilitation, counseling, vocational training,
29self-improvement classes or courses,begin delete replacementend delete narcotic
30begin insert replacementend insert therapy in maintenance or detoxification treatment,
31or other medication services for detoxification and treatment, and
32any other services that are provided either public or private,
33whether free of charge or for compensation, which services are
34intended in any way to alleviate the problems of narcotic addiction
35or habituation or drug abuse addiction or habituation or any
36problems in whole or in part related to the problem of narcotics
37addiction or drug abuse, or any combination of these problems.

38begin insert

begin insertSEC. 55.end insert  

end insert

begin insertSection 11842.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert

P53   1

11842.5.  

As used in this chapter, an alcohol and other drug
2abuse program includes, but is not limited to:

3(a) Residential programs that provide a residential setting and
4services such as detoxification, counseling, care, treatment, and
5rehabilitation in a live-in facility.

6(b) Drop-in centers that are established for the purpose of
7providing counseling, advice, or a social setting for one or more
8persons who are attempting to understand, alleviate, or cope with
9their problems of alcohol and other drug abuse.

10(c) Crisis lines that provide a telephone answering service that
11provides, in whole or in part, crisis intervention, counseling, or
12referral, or that is a source of general drug abuse information.

13(d) Free clinics that are established for the purpose, either in
14whole or in part, of providing any medical or dental care, social
15services, or treatment, or referral to these services for those persons
16recognized as having a problem of narcotics addiction or drug
17abuse. Free clinics include primary care clinics licensed under
18paragraph (2) of subdivision (a) of Section 1204.

19(e) Detoxification centers that are established for the purpose
20of detoxification from drugs, regardless of whether or not narcotics,
21restricted dangerous drugs, or other medications are administered
22in the detoxification and whether detoxification takes place in a
23live-in facility or on an outpatient basis.

24(f) Narcotic treatment programs, whether inpatient or outpatient,
25that offerbegin delete replacementend delete narcoticbegin insert replacementend insert therapy and
26maintenance, detoxification, or other services, in conjunction with
27that replacement narcotic therapy.

28(g) Chemical dependency programs, whether inpatient or
29outpatient and whether in a hospital or nonhospital setting, that
30offer a set program of treatment and rehabilitation for persons with
31a chemical dependency that is not primarily an alcohol dependency.

32(h) Alcohol and other drug prevention programs that promote
33positive action that changes the conditions under which the
34drug-taking behaviors to be prevented are most likely to occur and
35a proactive and deliberate process that promotes health and
36well-being by empowering people and communities with resources
37necessary to confront complex and stressful life conditions.

38(i) Nonspecific drug programs that have not been specifically
39mentioned in subdivisions (a) to (h), inclusive, but that provide or
40offer to provide, in whole or in part, for counseling, therapy,
P54   1referral, advice, care, treatment, or rehabilitation as a service to
2those persons suffering from alcohol and other drug addiction, or
3alcohol and other drug abuse related problems that are either
4physiological or psychological in nature.

5begin insert

begin insertSEC. 56.end insert  

end insert

begin insertSection 11844 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6repealed.end insert

begin delete
7

11844.  

Registration under this chapter shall include registration
8of all of the following information concerning the particular
9narcotic and drug abuse program or alcohol and other drug abuse
10program registering:

11(a) A description of the services, programs, or activities provided
12by the narcotic and drug abuse program and the types of patients
13served.

14(b) The address of each facility at which the services, programs,
15or activities are furnished.

16(c) The names and addresses of the persons or agencies
17responsible for the direction and operation of the narcotic and drug
18abuse program or alcohol and other drug abuse program.

end delete
19begin insert

begin insertSEC. 57.end insert  

end insert

begin insertSection 11844.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20repealed.end insert

begin delete
21

11844.5.  

Registration under this part does not constitute the
22approval or endorsement of the narcotic and drug abuse program
23or alcohol and other drug abuse program by any state or county
24officer, employee, or agency.

end delete
25begin insert

begin insertSEC. 58.end insert  

end insert

begin insertSection 11845 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26repealed.end insert

begin delete
27

11845.  

For the purpose of this chapter, registration shall not
28be required for those programs that provide alcohol and other drug
29abuse education in public or private schools as a matter of and in
30conjunction with a general education of students. This chapter
31does not require registration of law enforcement agencies that
32provide alcohol and other drug abuse education in the course of
33their normal performance of duties. Nothing in this chapter shall
34prohibit registration of these programs of education or law
35enforcement if the law enforcement and education agencies so
36desire.

end delete
37begin insert

begin insertSEC. 59.end insert  

end insert

begin insertSection 11847 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
38amended to read:end insert

39

11847.  

The Legislature hereby finds and declares that it is
40essential to the health and welfare of the people of this state that
P55   1action be taken by state government to effectively and
2economically utilize federal and state funds for narcotic and alcohol
3and other drug abuse prevention, care, treatment, and rehabilitation
4services. To achieve this, it is necessary that all of the following
5occur:

6(a) Existing fragmented, uncoordinated, and duplicative narcotic
7and alcohol and other drug abuse programs be molded into a
8comprehensive and integrated statewide program for the prevention
9of narcotic and alcohol and other drug abuse and for the care,
10treatment, and rehabilitation of narcotic addicts and alcohol and
11other drug users.

12(b) Responsibility and authority for planning programs and
13activities for prevention, care, treatment, and rehabilitation of
14narcotic addicts be concentrated in the department. It is the intent
15of the Legislature to assign responsibility and grant authority for
16planning narcotic and alcoholic and other drug abuse prevention,
17care, treatment, and rehabilitation programs to the department
18whose functions shall be subject to periodic review by the
19Legislature and appropriate federal agencies.

20(c) The department succeeds to, and is vested with, all the duties,
21powers, purposes, responsibilities, and jurisdiction with regard to
22substance abuse formerly vested in the State Department ofbegin delete Health.end delete
23begin insert Alcohol and Drug Programs.end insert

24begin insert

begin insertSEC. 60.end insert  

end insert

begin insertSection 11970 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert

26

11970.  

(a) This article shall be known and may be cited as the
27Comprehensive Drug Court Implementation Act of 1999.

28(b) The State Department of Alcohol and Drug Programs shall
29provide oversight of this article.

30(c) The department and the Judicial Council shall design and
31implement this article through the Drug Court Partnership
32Executive Steering Committee established under the former Drug
33Court Partnership Act of 1998 pursuant to former Section 11970,
34for the purpose of funding cost-effective local drug court systems
35for adults, juveniles, and parents of children who are detained by,
36or are dependents of, the juvenile court.

begin insert

37(d) This section shall become inoperative on July 1, 2013.

end insert
38begin insert

begin insertSEC. 61.end insert  

end insert

begin insertSection 11970.5 is added to the end insertbegin insertHealth and Safety
39Code
end insert
begin insert, to read:end insert

begin insert
P56   1

begin insert11970.5.end insert  

(a) This article shall be known and may be cited as
2the Drug Court Programs Act.

3(b) This section shall become operative on July 1, 2013.

end insert
4begin insert

begin insertSEC. 62.end insert  

end insert

begin insertSection 11973 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert

6

11973.  

(a) It is the intent of the Legislature that dependency
7drug courts be funded unless an evaluation of cost avoidance as
8provided in this section with respect to child welfare services and
9foster care demonstrates that the program is not cost effective.

10(b) The State Department of Social Services, in collaboration
11with the State Department of Alcohol and Drug Programs and the
12Judicial Council, shall conduct an evaluation of cost avoidance
13with respect to child welfare services and foster care pursuant to
14this section. These parties shall do all of the following:

15(1) Consult with legislative staff and at least one representative
16of an existing dependency drug court program who has experience
17conducting an evaluation of cost avoidance, to clarify the elements
18to be reviewed.

19(2) Identify requirements, such as specific measures of cost
20savings and data to be evaluated, and methodology for use of
21control cases for comparison data.

22(3) Whenever possible, use existing evaluation case samples to
23gather the necessary additional data.

begin insert

24(c) This section shall become inoperative on July 1, 2013.

end insert
25begin insert

begin insertSEC. 63.end insert  

end insert

begin insertSection 11975 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

11975.  

(a) This article shall be known and may be cited as the
28Drug Court Partnership Act of 2002.

29(b) The Drug Court Partnership Program, as provided for in this
30article, shall be administered by the State Department of Alcohol
31and Drug Programs for the purpose of providing assistance to drug
32courts that accept only defendants who have been convicted of
33felonies. The department and the Judicial Council shall design and
34implement this program through the Drug Court Systems Steering
35Committee as originally established by the department and the
36Judicial Council to implement the former Drug Court Partnership
37Act of 1998 (Article 3 (commencing with Sectionbegin delete 11970)end deletebegin insert 11970))end insert.

38(c) (1) The department shall require counties that participate
39in the Drug Court Partnership Program to submit a revised
40multiagency plan that is in conformance with the Drug Court
P57   1Systems Steering Committee’s recommended guidelines. Revised
2multiagency plans that are reviewed and approved by the
3department and recommended by the Drug Court Systems Steering
4Committee shall be funded for the 2002-03 fiscal year under this
5article. The department, without a renewal of the Drug Court
6Systems Steering Committee’s original recommendation, may
7disburse future year appropriations to the grantees.

8(2) The multiagency plan shall identify the resources and
9strategies for providing an effective drug court program exclusively
10for convicted felons who meet the requirements of this article and
11the guidelines adopted thereunder, and shall set forth the basis for
12determining eligibility for participation that will maximize savings
13to the state in avoided prison costs.

14(3) The multiagency plan shall include, but not be limited to,
15all of the following components:

16(A) The method by which the drug court will ensure that the
17target population of felons will be identified and referred to the
18drug court.

19(B) The elements of the treatment and supervision programs.

20(C) The method by which the grantee will provide the specific
21outcomes and data required by the department to determine state
22prison savings or cost avoidance.

23(D) Assurance that funding received pursuant to this article will
24be used to supplement, rather than supplant, existing programs.

25(d) Funds shall be used only for programs that are identified in
26the approved multiagency plan. Acceptable uses may include, but
27shall not be limited to, any of the following:

28(1) Drug court coordinators.

29(2) Training.

30(3) Drug testing.

31(4) Treatment.

32(5) Transportation.

33(6) Other costs related to substance abuse treatment.

34(e) The department shall identify and design a data collection
35instrument to determine state prison cost savings and avoidance
36from this program.

begin insert

37(f) This section shall become inoperative on July 1, 2013.

end insert
38begin insert

begin insertSEC. 64.end insert  

end insert

begin insertSection 11998.4 is added to the end insertbegin insertHealth and Safety
39Code
end insert
begin insert, to read:end insert

begin insert
P58   1

begin insert11998.4.end insert  

This division shall become inoperative on July 1,
22013.

end insert
3begin insert

begin insertSEC. 65.end insert  

end insert

begin insertSection 11999.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4amended to read:end insert

5

11999.1.  

For the purpose of this division, the following
6definitions apply:

7(a) “Drug” means all of the following:

8(1) Any controlled substance as defined in Division 10
9(commencing with Section 11000).

10(2) Any imitation controlled substance as defined in Chapter 1
11(commencing with Section 11670) of Division 10.1.

12(3) Toluene or any substance or material containing toluene or
13any substance with similar toxic qualities as set forth in Sections
14380 and 381 of the Penal Code.

15(b) “Drug- or alcohol-related program” means any program
16designed to reduce the unlawful use of, or assist those who engage
17in the unlawful use of, drugs or alcohol, whether through education,
18prevention, intervention, treatment, enforcement, or other means.

19(c) “Local agency” shall include, but is not limited to, a county,
20a city, a city and county, and school district.

21(d) “State agency” shall include the State Department ofbegin delete Alcohol
22and Drug Programs,end delete
begin insert Health Care Services,end insert the State Department
23of Education, the Department of Justice, the Office of Criminal
24Justice Planning, and the Office of Traffic Safety. Any other state
25agency or department may comply with this division.

26begin insert

begin insertSEC. 66.end insert  

end insert

begin insertSection 11999.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

11999.6.  

Moneys deposited in the Substance Abuse Treatment
29Trust Fund shall be distributed annually by the Secretary of
30California Health and Human Services through the State
31Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert
32 to counties to cover the costs of placing persons in and providing
33drug treatment programs under this act, and vocational training,
34family counseling, and literacy training under this act. Additional
35costs that may be reimbursed from the Substance Abuse Treatment
36Trust Fund include probation department costs, court monitoring
37costs, and any miscellaneous costs made necessary by the
38provisions of this act other than drug testing services of any kind.
39Incarceration costs cannot be reimbursed from the fund. Those
40moneys shall be allocated to counties through a fair and equitable
P59   1distribution formula that includes, but is not limited to, per capita
2arrests for controlled substance possession violations and substance
3abuse treatment caseload, as determined by the department as
4necessary to carry out the purposes of this act. The department
5may reserve a portion of the fund to pay for direct contracts with
6drug treatment service providers in counties or areas in which the
7director of the department has determined that demand for drug
8treatment services is not adequately met by existing programs.
9However, nothing in this section shall be interpreted or construed
10to allow any entity to use funds from the Substance Abuse
11Treatment Trust Fund to supplant funds from any existing fund
12source or mechanism currently used to provide substance abuse
13treatment. In addition, funds from the Substance Abuse Treatment
14Trust Fund shall not be used to fund in any way the drug treatment
15courts established pursuant to Articlebegin delete 2end deletebegin insert 1end insert (commencing with
16Sectionbegin delete 11970.1)end deletebegin insert 11970)end insert or Articlebegin delete 3end deletebegin insert 2end insert (commencing with Section
17begin delete 11970.4)end deletebegin insert 11975)end insert of Chapter 2 of Part 3 of Division 10.5, including
18drug treatment or probation supervision associated with those drug
19treatment courts.

20begin insert

begin insertSEC. 67.end insert  

end insert

begin insertSection 11999.20 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
21amended to read:end insert

22

11999.20.  

begin insert (a)end insertbegin insertend insert The State Department of Alcohol and Drug
23Programs shall administer and award grants to counties to
24supplement funding provided under the Substance Abuse and
25Crime Prevention Act of 2000 for the purpose of funding substance
26abuse testing for eligible offenders. Funding shall be used to
27supplement, rather than supplant, funding for existing substance
28abuse testing programs.

begin insert

29(b) This section shall become inoperative on July 1, 2013.

end insert
30begin insert

begin insertSEC. 68.end insert  

end insert

begin insertSection 11999.25 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
31amended to read:end insert

32

11999.25.  

(a) To be eligible for a grant pursuant to this
33division, a county shall have on file with the State Department of
34Alcohol and Drug Programs an approved plan for implementing
35the Substance Abuse and Crime Prevention Act of 2000.

36(b) The county plan shall include a description of the process
37to be used for substance abuse treatment and substance abuse
38testing of probationers consistent with Sections 1210.1 and 1210.5,
39and substance abuse treatment and substance abuse testing of
40parolees consistent with Sections 3063.1 and 3063.2.

P60   1(c) The State Department of Alcohol and Drug Programs shall
2establish a fair and equitable distribution formula for allocating
3money to eligible counties.

begin insert

4(d) This section shall become inoperative on July 1, 2013.

end insert
5begin insert

begin insertSEC. 69.end insert  

end insert

begin insertSection 11999.30 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert

7

11999.30.  

(a) This division shall be known as the Substance
8Abuse Offender Treatment Program. Funds distributed under this
9division shall be used to serve offenders who qualify for services
10under the Substance Abuse and Crime Prevention Act of 2000,
11including any amendments thereto. Implementation of this division
12is subject to an appropriation in the annual Budget Act.

13(b) The department shall distribute funds for the Substance
14Abuse Offender Treatment Program to counties that demonstrate
15eligibility for the program, including a commitment of county
16general funds or funds from a source other than the state, which
17demonstrates eligibility for the program. The department shall
18establish a methodology for allocating funds under the program,
19based on the following factors:

20(1) The percentage of offenders ordered to drug treatment that
21actually begin treatment.

22(2) The percentage of offenders ordered to treatment that
23completed the prescribed course of treatment.

24(3) Any other factor determined by the department.

25(c) The distribution of funds for this program to each eligible
26county shall be at a ratio of nine dollars ($9) for every one dollar
27($1) of eligible county matching funds.

28(d) County eligibility for funds under this division shall be
29determined by the department according to specified criteria,
30including, but not limited to, all of the following:

31(1) The establishment and maintenance of dedicated court
32calendars with regularly scheduled reviews of treatment progress
33for persons ordered to drug treatment.

34(2) The existence or establishment of a drug court, or a similar
35approach, and willingness to accept defendants who are likely to
36be committed to state prison.

37(3) The establishment and maintenance of protocols for the use
38of drug testing to monitor offenders’ progress in treatment.

P61   1(4) The establishment and maintenance of protocols for assessing
2offenders’ treatment needs and the placement of offenders at the
3appropriate level of treatment.

4(5) The establishment and maintenance of protocols for effective
5supervision of offenders on probation.

6(6) The establishment and maintenance of protocols for
7enhancing the overall effectiveness of services to eligible parolees.

8(e) The department, in its discretion, may limit administrative
9costs in determining the amount of eligible county match, and may
10limit the expenditure of funds provided under this division for
11administrative costs. The department may also require a limitation
12on the expenditure of funds provided under this division for
13services other than direct treatment costs, as a condition of receipt
14of program funds.

15(f) To receive funds under this division, a county shall submit
16an application to the department documenting all of the following:

17(1) The county’s commitment of funds, as required by
18subdivision (b).

19(2) The county’s eligibility, as determined by the criteria set
20forth in subdivision (d).

21(3) The county’s plan and commitment to utilize the funds for
22the purposes of the program, which may include, but are not limited
23to, all of the following:

24(A) Enhancing treatment services for offenders assessed to need
25them, including residential treatment and narcotic replacement
26therapy.

27(B) Increasing the proportion of sentenced offenders who enter,
28remain in, and complete treatment, through activities and
29approaches such as colocation of services, enhanced supervision
30of offenders, and enhanced services determined necessary through
31the use of drug test results.

32(C) Reducing delays in the availability of appropriate treatment
33services.

34(D) Use of a drug court or similar model, including dedicated
35court calendars with regularly scheduled reviews of treatment
36progress, and strong collaboration by the courts, probation, and
37treatment.

38(E) Developing treatment services that are needed but not
39available.

P62   1(F) Other activities, approaches, and services approved by the
2department, after consultation with stakeholders.

3(g) The department shall audit county expenditures of funds
4distributed pursuant to this division. Expenditures not made in
5accordance with this division shall be repaid to the state.

6(h) The department shall consult with stakeholders and report
7during annual budget hearings on additional recommendations for
8improvement of programs and services, allocation and funding
9mechanisms, including, but not limited to, competitive approaches,
10performance-based allocations, and sources of data for
11measurement.

12(i) (1) For the 2006-07 and 2007-08 fiscal years, the department
13may implement this division by all-county letters or other similar
14instructions, and need not comply with the rulemaking
15requirements of Chapter 3.5 (commencing with Section 11340) of
16Part 1 of Division 3 of Title 2 of the Government Code.
17Commencing with the 2008-09 fiscal year, the department may
18implement this section by emergency regulations, adopted pursuant
19to paragraph (2).

20(2) Regulations adopted by the department pursuant to this
21division shall be adopted as emergency regulations in accordance
22with Chapter 3.5 (commencing with Section 11340) of Part 1 of
23Division 3 of Title 2 of the Government Code, and for the purposes
24of that chapter, including Section 11349.6 of the Government
25Code, the adoption of these regulations is an emergency and shall
26be considered by the Office of Administrative Law as necessary
27for the immediate preservation of the public peace, health and
28safety, and general welfare. Notwithstanding Chapter 3.5
29(commencing with Section 11340) of Part 1 of Division 3 of Title
302 of the Government Code, including subdivision (e) of Section
3111346.1 of the Government Code, any emergency regulations
32adopted pursuant to this division shall be filed with, but not be
33repealed by, the Office of Administrative Law and shall remain
34in effect until revised by the department. Nothing in this paragraph
35shall be interpreted to prohibit the department from adopting
36subsequent amendments on a nonemergency basis or as emergency
37regulations in accordance with the standards set forth in Section
3811346.1 of the Government Code.

begin insert

39(j) This division shall become inoperative on July 1, 2013.

end insert
P63   1begin insert

begin insertSEC. 70.end insert  

end insert

begin insertSection 120860 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

120860.  

(a) The department shall, in coordination with the
4State Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care
5Services,end insert
develop a plan that assesses the need for, a program of
6acquired immune deficiency syndrome (AIDS) primary prevention,
7health education, testing, and counseling, specifically designed
8for women and children, that shall be integrated, as the department
9deems appropriate, into the following programs:

10(1) The California Childrens Services Program provided for
11pursuant to Article 5 (commencing with Section 123800) of
12Chapter 3 of Part 2 of Division 106.

13(2) Programs under the Maternal and Child Health Branch of
14the department.

15(3) The Child Health Disability Prevention Program provided
16for pursuant to Article 6 (commencing with Section 124025) of
17Chapter 3 of Part 2 of Division 106.

18(4) The Genetic Disease Program, provided for pursuant to
19Sections 125000 and 125005.

20(5) The Family Planning Programs, provided for pursuant to
21Chapter 8.5 (commencing with Section 14500) of Part 3 of Division
229 of the Welfare and Institutions Code.

23(6) The Rural and Community Health Clinics Program.

24(7) The County Health Services Program, provided for pursuant
25to Part 4.5 (commencing with Section 16700) of Division 9 of the
26Welfare and Institutions Code.

27(8) The Sexually Transmitted Disease Program.

28(9) begin deletePrograms end deletebegin insertSubstance use disorder programsend insert administered
29by the State Department ofbegin delete Alcohol and Drug Programs.end deletebegin insert Health
30Care Services.end insert

31(b) The AIDS-related services that shall be addressed in the
32plan specified in this section shall include, but not be limited to,
33all of the following:

34(1) A variety of educational materials that are appropriate to
35the cultural background and educational level of the program
36clientele.

37(2) The availability of confidential HIV antibody testing and
38counseling either onsite or by referral.

39(c) Pursuant to subdivision (a), the plan shall include a method
40to provide the educational materials specified in subdivision (b)
P64   1and appropriate AIDS-related training programs for those persons
2who provide direct services to women and children receiving
3services under the programs specified in this section.

4(d) In order that the AIDS-related services plan provided through
5the programs specified in this section be as effective as possible,
6the department shall ensure that the educational materials and
7training programs provided for each program specified in
8subdivision (a) are developed in coordination with, and with input
9from, each of the respective programs.

10(e) Nothing in this section shall preclude the department from
11incorporating the plan requirements into the department’s annual
12state AIDS plan, or any other reporting document relating to AIDS
13deemed appropriate by the department.

14begin insert

begin insertSEC. 71.end insert  

end insert

begin insertSection 124174.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert

16

124174.2.  

(a) The department, in cooperation with the State
17Department of Education, shall establish a Public School Health
18Center Support Program.

19(b) The program, in collaboration with the State Department of
20Education, shall perform the following program functions:

21(1) Provide technical assistance to school health centers on
22effective outreach and enrollment strategies to identify children
23who are eligible for, but not enrolled in, the Medi-Cal program,
24the Healthy Families Program, or any other applicable program.

25(2) Serve as a liaison between organizations within the
26department, including, but not limited to, prevention services,
27primary care, and family health.

28(3) Serve as a liaison between other state entities, as appropriate,
29including, but not limited to, the State Department of Health Care
30Services,begin delete the State Department of Alcohol and Drug Programs,end delete
31 the Department of Managed Health Care, thebegin delete Californiaend deletebegin insert Office ofend insert
32 Emergencybegin delete Management Agency,end deletebegin insert Services,end insert and the Managed Risk
33Medical Insurance Board.

34(4) Provide technical assistance to facilitate and encourage the
35establishment, retention, or expansion of, school health centers.
36For purposes of this paragraph, technical assistance may include,
37but is not limited to, identifying available public and private
38sources of funding, which may include federal Medicaid funds,
39funds from third-party reimbursements, and available federal or
40foundation grant moneys.

P65   1(c) The department shall consult with interested parties and
2appropriate stakeholders, including the California School Health
3Centers Association and representatives of youth and parents, in
4carrying out its responsibilities under this article.

5begin insert

begin insertSEC. 72.end insert  

end insert

begin insertSection 124174.4 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert

7

124174.4.  

The State Department of Education, in collaboration
8with the department, shall perform the following functions:

9(a) Coordination of programs within the State Department of
10Education that support school health centers and programs within
11the State Department of Health Carebegin delete Services and the State
12Department of Alcohol and Drug Programs,end delete
begin insert Services,end insert where
13appropriate.

14(b) The provision of technical assistance to facilitate and
15encourage the establishment, retention, and expansion of school
16health centers in public schools. For purposes of this subdivision,
17“technical assistance” may include the provision of information
18to local educational agencies and other entities regarding the
19utilization of facilities, liability insurance, cooperative agreements
20with community-based providers, and other issues pertinent to
21school health centers.

22begin insert

begin insertSEC. 73.end insert  

end insert

begin insertSection 127185 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

127185.  

(a) In addition to the exemption required by Section
25127175, the office director shall exempt from Sections 127210 to
26127275, inclusive, and shall issue a certificate of need for those
27projects where the applicant has shown and the office director has
28found all of the following:

29(1) The project is for either of the following:

30(A) The conversion of a skilled nursing or community care
31facility, or acute psychiatric hospital or a county funded
32institution-based alcoholism program, certified by thebegin insert Stateend insert
33 Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert
34 pursuant to Section 11831 as a residential treatment program, to
35a chemical dependency recovery hospital as defined in subdivision
36(a) of Section 1250.3, and provided that the facility to be converted
37has, prior to June 1, 1981, and continuously thereafter, been used
38exclusively to provide 24-hour residential chemical dependency
39recovery services, including the basic services enumerated in
40Section 1250.3 under the direction of a medical director.

P66   1(B) The construction and licensure of a chemical dependency
2recovery hospital where the project was commenced prior to June
31, 1981, and is being diligently pursued to completion, and
4provided that the person or entity proposing the facility was, prior
5to June 1, 1981, operating in this state a skilled nursing or
6community care facility used exclusively for 24-hour residential
7chemical dependency recovery services, including the basic
8services enumerated in Section 1250.3, under the direction of a
9medical director. As used in this paragraph, “commencement of
10the project” means acquisition of the site where the facility is to
11be located and submission of drawings for the project to the local
12government having jurisdiction containing substantially sufficient
13detail for the issuance of a building permit or permits.

14(2) The project could not meet the construction standards
15established by law or regulation for general acute care hospitals.

16(3) The applicant has filed a notice of the project with the office
17director on forms supplied by the office director within 90 days
18of the effective date of this section.

19The office director shall inform the applicant in writing of his
20or her determination as to eligibility of the application for a
21certificate of need under this subdivision within 60 days of receipt
22of a complete application.

23(b) In addition to the exemption required by Section 127175,
24the office director shall exempt from Sections 127210 to 127275,
25inclusive, and shall issue a certificate of need for a project for the
26conversion of a portion of the authorized bed capacity of a general
27acute care hospital in the classifications listed in Section 1250.1
28to chemical dependency recovery beds as provided in subdivision
29(h) of Section 1250.1, or for the conversion of a skilled nursing
30facility to a chemical dependency recovery hospital as defined in
31subdivision (a) of Section 1250.3, where the applicant has shown
32and the office director has found all of the following:

33(1) Commencement of the project began prior to August 10,
341981, and is being diligently pursued to completion.

35(2) The facility proposing a conversion was, prior to June 1,
361981, operating an alcoholism treatment program, including all
37the basic services enumerated in Section 1250.3, under the direction
38of a medical director, or the facility had obtained, prior to June 1,
391981, the services of a medical director and contracted with
40program professionals for the conversion of the facility.

P67   1As used in this subdivision, “commencement of the project”
2means a written declaration by the governing body or
3administration of a hospital of the intention to convert beds of
4other licensed categories to usage as chemical dependency beds
5pursuant to subdivision (f) of Section 1250.3 as it existed on August
610, 1981, or a written declaration by the governing body or
7administration of a skilled nursing facility of the intention to
8convert to a chemical dependency recovery hospital. The written
9declaration shall be transmitted to the director by August 17, 1981.

10(c) Construction or remodeling necessary to enable a facility
11exempted under this section to comply with applicable licensing
12regulations shall be deemed to be eligible for exemption under
13paragraph (2) of subdivision (b) of Section 127175.

14(d) A certificate of exemption issued pursuant to this section
15shall, for all purposes, have the same effect as a certificate of need
16issued pursuant to this chapter.

17begin insert

begin insertSEC. 74.end insert  

end insert

begin insertSection 131055.2 is added to the end insertbegin insertHealth and Safety
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert131055.2.end insert  

(a) Commencing July 1, 2013, the State Department
20of Public Health shall succeed to and be vested with all the duties,
21powers, purposes, functions, responsibilities, and jurisdiction of
22the former State Department of Alcohol and Drug Programs as
23they relate to the Office of Problem and Pathological Gambling
24(Chapter 8 (commencing with Section 4369) of Part 3 of Division
254 of the Welfare and Institutions Code).

26(b) For purposes of the Office of Problem and Pathological
27Gambling (Chapter 8 (commencing with Section 4369) of Part 3
28of Division 4 of the Welfare and Institutions Code) and the
29Gambling Addiction Program Fund (Article 12 (commencing with
30Section 19950) of Chapter 5 of Division 8 of the Business and
31Professions Code), references to the State Department of Alcohol
32and Drug Programs shall refer to the State Department of Public
33Health.

34(c) All fees collected from licensees in accordance with Article
3512 (commencing with Section 19950) of Chapter 5 of Division 8
36of the Business and Professions Code and deposited into the
37Gambling Addiction Program Fund shall be available to the State
38Department of Public Health in accordance with the requirements
39of that section.

P68   1(d) Notwithstanding any other law, any reference in statute,
2regulation, or contract to the State Department of Alcohol and
3Drug Programs or the State Department of Alcohol and Drug
4Abuse shall be construed to refer to the State Department of Public
5Health when it relates to the transfer of duties, powers, purposes,
6functions, responsibilities, and jurisdiction made pursuant to this
7section.

8(e) No contract, lease, license, or any other agreement to which
9the State Department of Alcohol and Drug Programs is a party
10shall be made void or voidable by reason of this section, but shall
11continue in full force and effect with the State Department of Public
12Health assuming all of the rights, obligations, and duties of the
13State Department of Alcohol and Drug Programs with respect to
14the transfer of duties, powers, purposes, functions, responsibilities,
15and jurisdiction made pursuant to this section.

16(f) All unexpended balances of appropriations and other funds
17available for use by the State Department of Alcohol and Drug
18Programs in connection with any function or the administration
19of any law transferred to the State Department of Public Health
20pursuant to the act that enacted this section shall be available for
21use by the State Department of Public Health for the purpose for
22which the appropriation was originally made or the funds were
23originally available.

24(g) All books, documents, forms, records, data systems, and
25property of the State Department of Alcohol and Drug Programs
26with respect to the transfer of duties, powers, purposes, functions,
27responsibilities, and jurisdiction made pursuant to this section
28shall be transferred to the State Department of Public Health.

29(h) Positions filled by appointment by the Governor in the State
30Department of Alcohol and Drug Programs whose principal
31assignment was to perform functions transferred pursuant to this
32section shall be transferred to the State Department of Public
33Health. All employees serving in state civil service, other than
34temporary employees, who are engaged in the performance of
35functions transferred pursuant to this section, are transferred to
36the State Department of Public Health pursuant to the provisions
37of Section 19050.9 of the Government Code. The status, positions,
38and rights of those persons shall not be affected by their transfer
39and shall continue to be retained by them pursuant to the State
40Civil Service Act (Part 2 (commencing with Section 18500) of
P69   1Division 5 of Title 2 of the Government Code), except as to
2positions the duties of which are vested in a position exempt from
3civil service. The personnel records of all employees transferred
4pursuant to this section shall be transferred to the State Department
5of Public Health.

6(i) Any regulation, order, or other action adopted, prescribed,
7taken, or performed by an agency or officer in the administration
8of a program or the performance of a duty, power, purpose,
9function, or responsibility pursuant to the Office of Problem and
10Pathological Gambling (Chapter 8 (commencing with Section
114369) of Part 3 of Division 4 of the Welfare and Institutions Code)
12and the Gambling Addiction Program Fund (Article 12
13(commencing with Section 19950) of Chapter 5 of Division 8 of
14the Business and Professions Code) in effect prior to July 1, 2013,
15shall remain in effect unless or until amended, readopted, or
16repealed, or until they expire by their own terms, and shall be
17deemed to be a regulation or action of the agency to which or
18officer to whom the program, duty, power, purpose, function,
19responsibility, or jurisdiction is assigned pursuant to this section.

20(j) No suit, action, or other proceeding lawfully commenced by
21or against any agency or other officer of the state, in relation to
22the administration of any program or the discharge of any duty,
23power, purpose, function, or responsibility transferred pursuant
24to this section, shall abate by reason of the transfer of the program,
25duty, power, purpose, function, or responsibility under this section.

end insert
26begin insert

begin insertSEC. 75.end insert  

end insert

begin insertSection 12693.68 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
27to read:end insert

28

12693.68.  

The board shall encourage all plans, including those
29receiving purchasing credits, that provide services under the
30program to have viable protocols for screening and referring
31children needing supplemental services outside of the scope of the
32screening, preventive, and medically necessary and therapeutic
33services covered by the contract to public programs providing such
34supplemental services for which they may be eligible, as well as
35for coordination of care between the plan and the public programs.
36The public programs for which plans may be required to develop
37screening, referral, and care coordination protocols may include
38the California Children’s Services Program, the regional centers,
39county mental health programs,begin insert substance use disorderend insert programs
40administered by thebegin insert Stateend insert Department ofbegin delete Alcohol and Drug
P70   1Programs,end delete
begin insert Health Care Services,end insert and programs administered by
2local education agencies.

3begin insert

begin insertSEC. 76.end insert  

end insert

begin insertSection 12693.95 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
4to read:end insert

5

12693.95.  

(a) The board in consultation with the Department
6of Alcohol and Drug Programs shall provide the Legislature by
7April 15, 1998, a proposal assessing the viability of providing
8additional drug and alcohol treatment services for children enrolled
9in the program.

10If the board determines that it is feasible to provide additional
11federal funds received pursuant to Title XXI (commencing with
12Section 2101) of the Social Security Act to counties to finance
13drug and alcohol services and required federal approval is obtained,
14the board shall negotiate with participating health plans to establish
15memoranda of understanding between plans and counties to
16facilitate referral of children in need of these services.

17(b) Based on the April 15, 1998, report by the board to the
18Legislature, the Legislature finds and declares that there is a
19statewide gap in publicly funded alcohol and other drug treatment
20for adolescents which is significant and systemic.

21(1) Therefore, thebegin insert Stateend insert Department ofbegin delete Alcohol and Drug
22Programs,end delete
begin insert Health Care Services,end insert in cooperation with the board,
23shall do the following:

24(A) Review capacity needs for the Healthy Families Program
25target group after year one data has been collected and an
26assessment of the adequacy of the benefit can be made.

27(B) Request that counties provide data on the number of
28adolescents requesting alcohol and other drug treatment and
29whether they are participating in the Healthy Families Program.

30(2) The board shall do the following:

31(A) Request the participating health plans to voluntarily collect
32data, as prescribed by the board, on the number of children needing
33services that exceed the substance abuse benefit in their plan.

34(B) Upon contract renewal, require participating health plans
35to collect and report the data.

36(C) By September 1, 1999, provide the policy and fiscal
37committees of the Legislature with an analysis of the data obtained
38by the Department of Alcohol and Drug Programs and from the
39participating health plans.

40begin insert

begin insertSEC. 77.end insert  

end insert

begin insertSection 1174.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P71   1

1174.2.  

(a) Notwithstanding any other law, the unencumbered
2balance of Item 5240-311-751 of Section 2 of the Budget Act of
31990 shall revert to the unappropriated surplus of the 1990 Prison
4Construction Fund. The sum of fifteen million dollars
5($15,000,000) is hereby appropriated to the Department of
6Corrections from the 1990 Prison Construction Fund for site
7acquisition, site studies, environmental studies, master planning,
8architectural programming, schematics, preliminary plans, working
9drawings, construction, and long lead and equipment items for the
10purpose of constructing facilities for pregnant and parenting
11women’s alternative sentencing programs. These funds shall not
12be expended for any operating costs, including those costs
13reimbursed by the department pursuant to subdivision (c) of Section
141174.3. Funds not expended pursuant to this chapter shall be used
15for planning, construction, renovation, or remodeling by, or under
16the supervision of, the Department of Corrections and
17Rehabilitation, of community-based facilities for programs
18designed to reduce drug use and recidivism, including, but not
19limited to, restitution centers, facilities for the incarceration and
20rehabilitation of drug offenders, multipurpose correctional centers,
21and centers for intensive programs for parolees. These funds shall
22not be expended until legislation authorizing the establishment of
23these programs is enacted. If the Legislature finds that the
24Department of Corrections and Rehabilitation has made a good
25faith effort to site community-based facilities, but funds designated
26for these community-based facilities are unexpended as of January
271, 1998, the Legislature may appropriate these funds for other
28Level I housing.

29(b) The Department of Corrections and Rehabilitation shall
30purchase, design, construct, and renovate facilities in counties or
31multicounty areas with a population of more than 450,000 people
32pursuant to this chapter. The department shall target for selection,
33among other counties, Los Angeles County, San Diego County,
34and a bay area, central valley, and an inland empire county as
35determined by the Secretary of the Department of Corrections and
36Rehabilitation. The department, in consultation with the State
37Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care Services,end insert
38 shall design core alcohol and drug treatment programs, with
39specific requirements and standards. Residential facilities shall be
40licensed by the State Department ofbegin delete Alcohol and Drug Programsend delete
P72   1begin insert Health Care Servicesend insert in accordance with provisions of the Health
2and Safety Code governing licensure of alcoholism or drug abuse
3recovery or treatment facilities. Residential and nonresidential
4programs shall be certified by the State Department ofbegin delete Alcohol
5and Drug Programsend delete
begin insert Health Care Servicesend insert as meeting its standards
6for perinatal services. Funds shall be awarded to selected agency
7service providers based upon all of the following criteria and
8procedures:

9(1) A demonstrated ability to provide comprehensive services
10to pregnant women or women with children who are substance
11abusers consistent with this chapter. Criteria shall include, but not
12be limited to, each of the following:

13(A) The success records of the types of programs proposed
14based upon standards for successful programs.

15(B) Expertise and actual experience of persons who will be in
16charge of the proposed program.

17(C) Cost-effectiveness, including the costs per client served.

18(D) A demonstrated ability to implement a program as
19expeditiously as possible.

20(E) An ability to accept referrals and participate in a process
21with the probation department determining eligible candidates for
22the program.

23(F) A demonstrated ability to seek and obtain supplemental
24funding as required in support of the overall administration of this
25facility from any county, state, or federal source that may serve to
26support this program, including the State Department ofbegin delete Alcohol
27and Drug Programs,end delete
begin insert Health Care Services,end insert thebegin delete Californiaend deletebegin insert Office
28ofend insert
Emergencybegin delete Management Agency,end deletebegin insert Services,end insert the State Department
29of Social Services, the State Department of State Hospitals, or any
30county public health department. In addition, the agency shall also
31attempt to secure other available funding from all county, state,
32or federal sources for program implementation.

33(G) An ability to provide intensive supervision of the program
34participants to ensure complete daily programming.

35(2) Staff from the department shall be available to selected
36agencies for consultation and technical services in preparation and
37implementation of the selected proposals.

38(3) The department shall consult with existing program operators
39that are then currently delivering similar program services, the
40State Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care
P73   1Services,end insert
and others it may identify in the development of the
2program.

3(4) Funds shall be made available by the department to the
4agencies selected to administer the operation of this program.

5(5) Agencies shall demonstrate an ability to provide offenders
6a continuing supportive network of outpatient drug treatment and
7other services upon the women’s completion of the program and
8reintegration into the community.

9(6) The department may propose any variation of types and
10sizes of facilities to carry out the purposes of this chapter.

11(7) The department shall secure all other available funding for
12its eligible population from all county, state, or federal sources.

13(8) Each program proposal shall include a plan for the required
1412-month residential program, plus a 12-month outpatient
15transitional services program to be completed by participating
16women and children.

17begin insert

begin insertSEC. 78.end insert  

end insert

begin insertSection 1463.16 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
18read:end insert

19

1463.16.  

(a) Notwithstanding Section 1203.1 or 1463, fifty
20dollars ($50) of each fine collected for each conviction of a
21violation of Section 23103, 23104, 23105, 23152, or 23153 of the
22Vehicle Code shall be deposited with the county treasurer in a
23special account for exclusive allocation by the county for the
24county’s alcoholism program, with approval of the board of
25supervisors, for alcohol programs and services for the general
26population. These funds shall be allocated through the local
27planning processbegin delete pursuant to specific provision inend deletebegin insert and expenditures
28reported toend insert
thebegin delete county alcohol program plan that is submittedend deletebegin insert State
29Department of Health Care Services pursuantend insert
tobegin delete the State
30Department of Alcoholend delete
begin insert subdivision (c) of Section 11798.2end insert and
31begin delete Drug Programs.end deletebegin insert subdivision (a) of Section 11818.5 of the Health
32and Safety Code.end insert
Programs shall be certified by thebegin insert Stateend insert
33 Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert
34 or have made application for certification to be eligible for funding
35under this section. The county shall implement the intent and
36procedures of subdivision (b) of Section 11812 of the Health and
37Safety Code while distributing funds under this section.

38(b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th
39class, notwithstanding Section 1463, of the moneys deposited with
40the county treasurer pursuant to Section 1463, fifty dollars ($50)
P74   1for each conviction of a violation of Section 23103, 23104, 23105,
223152, or 23153 of the Vehicle Code shall be deposited in a special
3account for exclusive allocation by the administrator of the
4county’s alcoholism program, with approval of the board of
5supervisors, for alcohol programs and services for the general
6population. These funds shall be allocated through the local
7planning processbegin delete pursuantend deletebegin insert and expenditures reportedend insert tobegin delete a specific
8provision inend delete
thebegin delete county plan that is submitted to the State
9Department of Alcoholend delete
begin insert State Department of Health Care Services
10pursuant to subdivision (c) of Section 11798.2end insert
andbegin delete Drug Programs.end delete
11begin insert subdivision (a) of Section 11818.5 of the Health and Safety Code.end insert
12 For those services for which standards have been developed and
13certification is available, programs shall be certified by the State
14Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert
15 or shall apply for certification to be eligible for funding under this
16section. The county alcohol administrator shall implement the
17intent and procedures of subdivision (b) of Section 11812 of the
18Health and Safety Code while distributing funds under this section.

19(c) The Board of Supervisors of Contra Costa County may, by
20resolution, authorize the imposition of a fifty dollar ($50)
21assessment by the court upon each defendant convicted of a
22violation of Section 23152 or 23153 of the Vehicle Code for
23deposit in the account from which the fifty dollar ($50) distribution
24specified in subdivision (a) is deducted.

25(d) It is the specific intent of the Legislature that funds expended
26under this part shall be used for ongoing alcoholism program
27services as well as for contracts with private nonprofit
28organizations to upgrade facilities to meet state certification and
29state licensing standards and federal nondiscrimination regulations
30relating to accessibility for handicapped persons.

31(e) Counties may retain up to 5 percent of the funds collected
32to offset administrative costs of collection and disbursement.

33begin insert

begin insertSEC. 79.end insert  

end insert

begin insertSection 6140 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

34

6140.  

There is in the Office of the Inspector General the
35California Rehabilitation Oversight Board (C-ROB). The board
36shall consist of the 11 members as follows:

37(a) The Inspector General, who shall serve as chair.

38(b) The Secretary of the Department of Corrections and
39Rehabilitation.

P75   1(c) The Superintendent of Public Instruction, or his or her
2designee.

3(d) The Chancellor of the California Community Colleges, or
4his or her designee.

5(e) The Director ofbegin delete the State Department ofend deletebegin delete Alcohol and Drug
6Programs,end delete
begin insert Health Care Services,end insert or his or her designee.

7(f) The Director ofbegin delete Mental Health,end deletebegin insert State Hospitals,end insert or his or her
8designee.

9(g) A faculty member of the University of California who has
10expertise in rehabilitation of criminal offenders, appointed by the
11President of the University of California.

12(h) A faculty member of the California State University, who
13has expertise in rehabilitation of criminal offenders, appointed by
14the Chancellor of the California State University.

15(i) A county sheriff, appointed by the Governor.

16(j) A county chief probation officer, appointed by the Senate
17Committee on Rules.

18(k) A local government official who provides mental health,
19substance abuse, or educational services to criminal offenders,
20appointed by the Speaker of the Assembly.

21begin insert

begin insertSEC. 80.end insert  

end insert

begin insertSection 6241 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

22

6241.  

(a) The Substance Abuse Community Correctional
23Detention Centers Fund is hereby created within the State Treasury.
24The Board of Corrections is authorized to provide funds, as
25appropriated by the Legislature, for the purpose of establishing
26substance abuse community correctional detention centers. These
27facilities shall be operated locally in order to manage parole
28violators, those select individuals sentenced to state prison for
29short periods of time, and other sentenced local offenders with a
30known history of substance abuse, and as further defined by this
31chapter.

32(b) The facilities constructed with funds disbursed pursuant to
33this chapter in a county shall contain no less than 50 percent of
34total beds for use by the Department of Corrections and
35 Rehabilitation.

36(1) Upon agreement, the county and the department may
37negotiate any other mix of state and local bed space, providing the
38state’s proportionate share shall not be less than 50 percent in the
39portion of the facilities financed through state funding.

P76   1(2) Nothing in this chapter shall prohibit the county from using
2county funds or nonrestricted jail bond funds to build and operate
3additional facilities in conjunction with the centers provided for
4in this chapter.

5(c) Thirty million dollars ($30,000,000) in funds shall be
6provided from the 1990 Prison Construction Fund and the 1990-B
7Prison Construction Fund, with fifteen million dollars
8($15,000,000) each from the June 1990 bond issue and the
9November 1990 bond issue, for construction purposes set forth in
10this chapter, provided that funding is appropriated in the state
11budget from the June and November 1990, prison bond issues for
12purposes of this chapter.

13(d) Funds shall be awarded to counties based upon the following
14policies and criteria:

15(1) Priority shall be given to urban counties with populations
16of 450,000 or more, as determined by Department of Finance
17figures. The board may allocate up to 10 percent of the funding to
18smaller counties or combinations of counties as pilot projects, if
19it concludes that proposals meet the requirements of this chapter,
20commensurate with the facilities and programming that a smaller
21county can provide.

22(2) Upon application and submission of proposals by eligible
23counties, representatives of the board shall evaluate proposals and
24select recipients.

25To help ensure that state-of-the-art drug rehabilitation and related
26programs are designed, implemented, and updated under this
27chapter, the board shall consult with not less than three authorities
28recognized nationwide with experience or expertise in the design
29or operation of successful programs in order to assist the board in
30all of the following:

31(A) Drawing up criteria on which requests for proposals will
32be sought.

33(B) Selecting proposals to be funded.

34(C) Assisting the board in evaluation and operational problems
35of the programs, if those services are approved by the board.

36Funding also shall be sought by the board from the federal
37government and private foundation sources in order to defray the
38costs of the board’s responsibilities under this chapter.

39(3) Preference shall be given to counties that can demonstrate
40a financial ability and commitment to operate the programs it is
P77   1proposing for a period of at least three years and to make
2improvements as proposed by the department and the board.

3(4) Applicants receiving awards under this chapter shall be
4selected from among those deemed appropriate for funding
5according to the criteria, policies, and procedures established by
6the board. Criteria shall include success records of the types of
7programs proposed based on nationwide standards for successful
8programs, if available, expertise and hands-on experience of
9persons who will be in charge of proposed programs,
10cost-effectiveness, including cost per bed, speed of construction,
11a demonstrated ability to construct the maximum number of beds
12which shall result in an overall net increase in the number of beds
13in the county for state and local offenders, comprehensiveness of
14services, location, participation by private or community-based
15organizations, and demonstrated ability to seek and obtain
16supplemental funding as required in support of the overall
17administration of this facility from sources such as thebegin insert Stateend insert
18 Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care Services,end insert
19 the California Emergency Management Agency, the National
20Institute of Corrections, the Department of Justice, and other state
21and federal sources.

22(5) Funds disbursed under subdivision (c) shall be used for
23construction of substance abuse community correctional centers,
24with a level of security in each facility commensurate with public
25safety for the types of offenders being housed in or utilizing the
26facilities.

27(6) Funds disbursed under this chapter shall not be used for the
28purchase of the site. Sites shall be provided by the county.
29However, a participating county may negotiate with the state for
30use of state land at nearby corrections facilities or other state
31 facilities, provided that the locations fit in with the aims of the
32programs established by this chapter.

33The county shall be responsible for ensuring the siting,
34acquisition, design, and construction of the center consistent with
35the California Environmental Quality Act pursuant to Division 13
36(commencing with Section 21000) of the Public Resources Code.

37(7) Staff of the department and the board, as well as persons
38selected by the board, shall be available to counties for consultation
39and technical services in preparation and implementation of
40proposals accepted by the board.

P78   1(8) The board also shall seek advice from thebegin insert Stateend insert Department
2ofbegin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert in exercising
3its responsibilities under this chapter.

4(9) Funds shall be made available to the county and county
5agency which is selected to administer the program by the board
6of supervisors of that county.

7(10) Area of greatest need can be a factor considered in awarding
8contracts to counties.

9(11) Particular consideration shall be given to counties that can
10demonstrate an ability to provide continuing counseling and
11programming for offenders in programs established under this
12chapter, once the offenders have completed the programs and have
13returned to the community.

14(12) A county may propose a variety of types and sizes of
15facilities to meet the needs of its plan and to provide the services
16for varying types of offenders to be served under this chapter.
17Funds granted to a county may be utilized for construction of more
18than one facility.

19Any county wishing to use existing county-owned sites or
20facilities may negotiate those arrangements with the Department
21of Corrections and the Board of Corrections to meet the needs of
22its plan.

23begin insert

begin insertSEC. 81.end insert  

end insert

begin insertSection 6242.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

24

6242.6.  

(a) The board shall provide evaluation of the progress,
25activities, and performance of each center and participating
26county’s progress established pursuant to this chapter and shall
27report the findings thereon to the Legislature two years after the
28operational onset of each facility.

29(b) The board shall select an outside monitoring firm in
30cooperation with the Auditor General’s office, to critique and
31evaluate the programs and their rates of success based on
32recidivism rates, drug use, and other factors it deems appropriate.
33Two years after the programs have begun operations, the report
34shall be provided to the Joint Legislative Prisons Committee,
35participating counties, the department,begin delete the Department of Alcohol
36and Drug Programs,end delete
the State Department of Healthbegin insert Careend insert Services,
37and other sources the board deems of value. Notwithstanding
38subdivision (k) of Section 6242, one hundred fifty thousand dollars
39($150,000) is hereby appropriated from the funds disbursed under
40this chapter from the 1990 Prison Construction Fund to the Board
P79   1of Corrections to be used for program evaluation under this
2subdivision.

3(c) The department shall be responsible for the ongoing
4monitoring of contract compliance for state offenders placed in
5each center.

6begin insert

begin insertSEC. 82.end insert  

end insert

begin insertSection 13510.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
7read:end insert

8

13510.5.  

For the purpose of maintaining the level of
9competence of state law enforcement officers, the commission
10shall adopt, and may, from time to time amend, rules establishing
11minimum standards for training of peace officers as defined in
12Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
13who are employed by any railroad company, the California State
14Police Division, the University of California Police Department,
15a California State University police department, the Department
16of Alcoholic Beverage Control, the Division of Investigation of
17the Department of Consumer Affairs, the Wildlife Protection
18Branch of the Department of Fish and Game, the Department of
19Forestry and Fire Protection, including the Office of the State Fire
20Marshal, the Department of Motor Vehicles, the California Horse
21Racing Board, the Bureau of Food and Drug, the Division of Labor
22Law Enforcement, the Director of Parks and Recreation, the State
23Department of Health Care Services, the Department of Toxic
24Substances Control, the State Department of Social Services, the
25State Department of State Hospitals, the State Department of
26Developmental Services,begin delete the State Department of Alcohol and
27Drug Programs,end delete
the Office of Statewide Health Planning and
28Development, and the Department of Justice. All rules shall be
29adopted and amended pursuant to Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code.

32begin insert

begin insertSEC. 83.end insert  

end insert

begin insertSection 13864 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

33

13864.  

There is hereby created in the agency the
34Comprehensive Alcohol and Drug Prevention Education
35component of the Suppression of Drug Abuse in Schools Program
36in public elementary schools in grades 4 to 6, inclusive.
37Notwithstanding Section 13861 or any other provision in this code,
38all Comprehensive Alcohol and Drug Prevention Education
39component funds made available to the agency in accordance with
40the Classroom Instructional Improvement and Accountability Act
P80   1shall be administered by and disbursed to county superintendents
2of schools in this state by the secretary. All applications for that
3funding shall be reviewed and evaluated by the agency, in
4consultation with the State Department ofbegin delete Alcohol and Drug
5Programsend delete
begin insert Health Care Servicesend insert and the State Department of
6Education.

7(a) The secretary is authorized to allocate and award funds to
8county department superintendents of schools for allocation to
9individual school districts or to a consortium of two or more school
10districts. Applications funded under this section shall comply with
11the criteria, policies, and procedures established under subdivision
12(b) of this section.

13(b) As a condition of eligibility for the funding described in this
14section, the school district or consortium of school districts shall
15have entered into an agreement with a local law enforcement
16agency to jointly implement a comprehensive alcohol and drug
17abuse prevention, intervention, and suppression program developed
18by the agency, in consultation with the State Department ofbegin delete Alcohol
19and Drug Programsend delete
begin insert Health Care Servicesend insert and the State Department
20of Education, containing all of the following components:

21(1) A standardized age-appropriate curriculum designed for
22pupils in grades 4 to 6, inclusive, specifically tailored and sensitive
23to the socioeconomic and ethnic characteristics of the target pupil
24population. Although new curricula shall not be required to be
25developed, existing curricula may be modified and adapted to meet
26local needs. The elements of the standardized comprehensive
27alcohol and drug prevention education program curriculum shall
28be defined and approved by the Governor’s Policy Council on
29Drug and Alcohol Abuse, as established by Executive Order No.
30D-70-80.

31(2) A planning process that includes assessment of the school
32district’s characteristics, resources, and the extent of problems
33related to juvenile drug abuse, and input from local law
34enforcement agencies.

35(3) A school district governing board policy that provides for
36a coordinated intervention system that, at a minimum, includes
37procedures for identification, intervention, and referral of at-risk
38alcohol- and drug-involved youth, and identifies the roles and
39responsibilities of law enforcement, school personnel, parents, and
40pupils.

P81   1(4) Early intervention activities that include, but are not limited
2to, the identification of pupils who are high risk or have chronic
3drug abuse problems, assessment, and referral for appropriate
4services, including ongoing support services.

5(5) Parent education programs to initiate and maintain parental
6involvement, with an emphasis for parents of at-risk pupils.

7(6) Staff and in-service training programs, including both
8indepth training for the core team involved in providing program
9services and general awareness training for all school faculty and
10administrative, credentialed, and noncredentialed school personnel.

11(7) In-service training programs for local law enforcement
12officers.

13(8) School, law enforcement, and community involvement to
14ensure coordination of program services. Pursuant to that
15coordination, the school district or districts and other local agencies
16are encouraged to use a single community advisory committee or
17task force for drug, alcohol, and tobacco abuse prevention
18programs, as an alternative to the creation of a separate group for
19that purpose under each state or federally funded program.

20(c) The application of the county superintendent of schools shall
21be submitted to the agency. Funds made available to the agency
22for allocation under this section are intended to enhance, but shall
23not supplant, local funds that would, in the absence of the
24Comprehensive Alcohol and Drug Prevention Education
25component, be made available to prevent, intervene in, or suppress
26drug abuse among schoolage children. For districts that are already
27implementing a comprehensive drug abuse prevention program
28for pupils in grades 4 to 6, inclusive, the county superintendent
29shall propose the use of the funds for drug prevention activities in
30school grades other than 4 to 6, inclusive, compatible with the
31program components of this section. The expenditure of funds for
32that alternative purpose shall be approved by the secretary.

33(1) Unless otherwise authorized by the agency, each county
34superintendent of schools shall be the fiscal agent for any
35Comprehensive Alcohol and Drug Prevention Education
36component award, and shall be responsible for ensuring that each
37school district within that county receives the allocation prescribed
38by the agency. Each county superintendent shall develop a
39countywide plan that complies with program guidelines and
40procedures established by the agency pursuant to subdivision (d).
P82   1A maximum of 5 percent of the county’s allocation may be used
2for administrative costs associated with the project.

3(2) Each county superintendent of schools shall establish and
4chair a local coordinating committee to assist the superintendent
5in developing and implementing a countywide implementation
6plan. This committee shall include the county drug administrator,
7law enforcement executives, school district governing board
8members and administrators, school faculty, parents, and drug
9prevention and intervention program executives selected by the
10superintendent and approved by the county board of supervisors.

11(d) The secretary, in consultation with the State Department of
12begin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert and the State
13Department of Education, shall prepare and issue guidelines and
14procedures for the Comprehensive Alcohol and Drug Prevention
15Education component consistent with this section.

16(e) The Comprehensive Alcohol and Drug Prevention Education
17component guidelines shall set forth the terms and conditions upon
18which the agency is prepared to award grants of funds pursuant to
19this section. The guidelines shall not constitute rules, regulations,
20orders, or standards of general application.

21(f) Funds awarded under the Comprehensive Alcohol and Drug
22Prevention Education Program shall not be subject to Section
2310318 of the Public Contract Code.

24(g) Funds available pursuant to Item 8100-111-001 and
25Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or
26the successor provision of the appropriate Budget Act, shall be
27allocated to implement this section.

28(h) The secretary shall collaborate, to the extent possible, with
29other state agencies that administer drug, alcohol, and tobacco
30abuse prevention education programs to streamline and simplify
31the process whereby local educational agencies apply for drug,
32alcohol, and tobacco education funding under this section and
33under other state and federal programs. The agency, the State
34Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care Services,end insert
35 the State Department of Education, and other state agencies, to the
36extent possible, shall develop joint policies and collaborate
37planning in the administration of drug, alcohol, and tobacco abuse
38prevention education programs.

39begin insert

begin insertSEC. 84.end insert  

end insert

begin insertSection 2626.1 of the end insertbegin insertUnemployment Insurance Codeend insert
40begin insert is amended to read:end insert

P83   1

2626.1.  

(a) An individual who is a resident in an alcoholic
2recovery home pursuant to referral or recommendation by a
3physician shall be eligible for disability benefits for a period not
4in excess of 30 days in any disability benefit period while receiving
5resident services, if an authorized representative of the alcoholic
6recovery home certifies that the individual is a resident
7participating in an alcoholic recovery program which has been
8certified by the State Department ofbegin delete Alcohol and Drug Programs.end delete
9begin insert Health Care Services.end insert The individual shall be eligible for disability
10benefits for an additional period not in excess of 60 days if the
11referring physician certifies to the need of the individual for
12continuing resident services.

13(b) The department shall reimburse the State Department of
14begin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert from the
15Disability Fund, in a reasonable amount as determined by the
16department, for the expense of reviewing any alcoholic recovery
17program, as required by the department in the administration of
18subdivision (a) which is not funded in the county alcohol program
19plan provided for in Article 3 (commencing with Section 11810)
20or Article 4 (commencing with Section 11830) of Part 2 of Division
2110.5 of the Health and Safety Code.

22(c) Outside the State of California, an individual who is a
23resident in an alcohol recovery home pursuant to referral or
24recommendation by a physician shall be eligible for disability
25benefits for a period not in excess of 30 days in any disability
26benefit period while receiving resident services, if an authorized
27 representative of the alcoholic recovery home certifies that the
28individual is a resident participating in an alcoholic recovery
29program, licensed by or satisfying a program review by the state
30in which the facility is located. The individual shall be eligible for
31disability benefits for an additional period not in excess of 60 days
32if the referring physician certifies to the need of the individual for
33continuing resident services.

34begin insert

begin insertSEC. 85.end insert  

end insert

begin insertSection 2626.2 of the end insertbegin insertUnemployment Insurance Codeend insert
35begin insert is amended to read:end insert

36

2626.2.  

(a) An individual who is a resident in a drug-free
37residential facility pursuant to referral or recommendation by a
38physician shall be eligible for disability benefits for a period not
39in excess of 45 days in any disability benefit period while receiving
40resident services, if an authorized representative of the drug-free
P84   1residential facility certifies that the individual is a resident
2participating in a drug-free residential facility which has satisfied
3a program review by the State Department ofbegin delete Alcohol and Drug
4Programs.end delete
begin insert Health Care Services.end insert The individual shall be eligible
5for disability benefits for an additional period not in excess of 45
6days if the referring physician certifies to the need of the individual
7for continuing resident services.

8(b) The department shall reimburse the State Department of
9begin delete Alcohol and Drug Programsend deletebegin insert Health Care Servicesend insert from the
10Disability Fund, in a reasonable amount as determined by the
11department, for the expense of reviewing any drug-free residential
12facility, as required by the department in the administration of
13subdivision (a), which is not funded under the federal Drug Abuse
14Office and Treatment Act of 1972 (Public Law 92-255) or in
15conformance withbegin delete Chapter 4end deletebegin insert Article 2end insert (commencing with Section
16begin delete 11980)end deletebegin insert 11975)end insert ofbegin insert Chapter 2 ofend insert Part 3 of Division 10.5 of the Health
17and Safety Code.

18(c) Outside the State of California, an individual who is a
19resident in a drug-free residential facility pursuant to referral or
20recommendation by a physician shall be eligible for disability
21benefits for a period not in excess of 45 days in any disability
22benefit period while receiving resident services, if an authorized
23representative of the drug-free residential facility certifies that the
24individual is a resident participating in a drug-free residential
25program, licensed by or satisfying a program review by the state
26in which the facility is located. The individual shall be eligible for
27 disability benefits for an additional period, but not in excess of 45
28days, if the referring physician certifies to the need of the individual
29for continuing resident services.

30begin insert

begin insertSEC. 86.end insert  

end insert

begin insertSection 13353.45 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
31read:end insert

32

13353.45.  

The department shall, in consultation with the State
33Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care Services,end insert
34 with representatives of the county alcohol program administrators,
35and with representatives of licensed drinking driver program
36providers, develop a certificate of completion for the purposes of
37Sections 13352, 13352.4, and 13352.5 and shall develop,
38implement, and maintain a system for safeguarding the certificates
39against misuse. The department may charge a reasonable fee for
40each blank completion certificate distributed to a drinking driver
P85   1program. The fee shall be sufficient to cover, but shall not exceed,
2the costs incurred in administering this section, Sections 13352,
313352.4, and 13352.5 or twelve dollars ($12) per person, whichever
4is less.

5begin insert

begin insertSEC. 87.end insert  

end insert

begin insertSection 23538 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
6read:end insert

7

23538.  

(a) (1) If the court grants probation to person punished
8under Section 23536, in addition to the provisions of Section 23600
9and any other terms and conditions imposed by the court, the court
10shall impose as a condition of probation that the person pay a fine
11of at least three hundred ninety dollars ($390), but not more than
12one thousand dollars ($1,000). The court may also impose, as a
13condition of probation, that the person be confined in a county jail
14for at least 48 hours, but not more than six months.

15(2) The person’s privilege to operate a motor vehicle shall be
16suspended by the department under paragraph (1) of subdivision
17(a) of Section 13352 or Section 13352.1. The court shall require
18the person to surrender the driver’s license to the court in
19accordance with Section 13550.

20(3) Whenever, when considering the circumstances taken as a
21whole, the court determines that the person punished under this
22section would present a traffic safety or public safety risk if
23authorized to operate a motor vehicle during the period of
24suspension imposed under paragraph (1) of subdivision (a) of
25Section 13352 or Section 13352.1, the court may disallow the
26issuance of a restricted driver’s license required under Section
2713352.4.

28(b) In any county where the board of supervisors has approved,
29and the State Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health
30Care Servicesend insert
has licensed, a program or programs described in
31Section 11837.3 of the Health and Safety Code, the court shall
32also impose as a condition of probation that the driver shall enroll
33and participate in, and successfully complete a
34driving-under-the-influence program, licensed pursuant to Section
3511836 of the Health and Safety Code, in the driver’s county of
36residence or employment, as designated by the court. For the
37purposes of this subdivision, enrollment in, participation in, and
38completion of an approved program shall be subsequent to the date
39of the current violation. Credit may not be given for any program
40activities completed prior to the date of the current violation.

P86   1(1) The court shall refer a first offender whose blood-alcohol
2 concentration was less than 0.20 percent, by weight, to participate
3for at least three months or longer, as ordered by the court, in a
4licensed program that consists of at least 30 hours of program
5activities, including those education, group counseling, and
6individual interview sessions described in Chapter 9 (commencing
7with Section 11836) of Part 2 of Division 10.5 of the Health and
8Safety Code.

9(2) The court shall refer a first offender whose blood-alcohol
10concentration was 0.20 percent or more, by weight, or who refused
11to take a chemical test, to participate for at least nine months or
12longer, as ordered by the court, in a licensed program that consists
13of at least 60 hours of program activities, including those education,
14group counseling, and individual interview sessions described in
15Chapter 9 (commencing with Section 11836) of Part 2 of Division
1610.5 of the Health and Safety Code.

17(3) The court shall advise the person at the time of sentencing
18that the driving privilege shall not be restored until proof
19satisfactory to the department of successful completion of a
20driving-under-the-influence program of the length required under
21this code that is licensed pursuant to Section 11836 of the Health
22and Safety Code has been received in the department’s
23headquarters.

24(c) (1) The court shall revoke the person’s probation pursuant
25to Section 23602, except for good cause shown, for the failure to
26enroll in, participate in, or complete a program specified in
27subdivision (b).

28(2) The court, in establishing reporting requirements, shall
29consult with the county alcohol program administrator. The county
30alcohol program administrator shall coordinate the reporting
31requirements with the department and with the State Department
32ofbegin delete Alcohol and Drug Programs.end deletebegin insert Health Care Services.end insert That
33reporting shall ensure that all persons who, after being ordered to
34attend and complete a program, may be identified for either (A)
35failure to enroll in, or failure to successfully complete, the program,
36or (B) successful completion of the program as ordered.

37begin insert

begin insertSEC. 88.end insert  

end insert

begin insertSection 23556 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
38read:end insert

39

23556.  

(a) (1) If the court grants probation to any person
40punished under Section 23554, in addition to the provisions of
P87   1Section 23600 and any other terms and conditions imposed by the
2court, the court shall impose as a condition of probation that the
3person be confined in the county jail for at least five days but not
4more than one year and pay a fine of at least three hundred ninety
5dollars ($390) but not more than one thousand dollars ($1,000).

6(2) The person’s privilege to operate a motor vehicle shall be
7suspended by the department under paragraph (2) of subdivision
8(a) of Section 13352. The court shall require the person to surrender
9the driver’s license to the court in accordance with Section 13550.

10(b) (1) In a county where the county alcohol program
11administrator has certified, and the board of supervisors has
12approved, a program or programs, the court shall also impose as
13a condition of probation that the driver shall participate in, and
14successfully complete, an alcohol and other drug education and
15counseling program, established pursuant to Section 11837.3 of
16the Health and Safety Code, as designated by the court.

17(2) In any county where the board of supervisors has approved
18and the State Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health
19Care Servicesend insert
has licensed an alcohol and other drug education
20and counseling program, the court shall also impose as a condition
21of probation that the driver enroll in, participate in, and successfully
22complete, a driving-under-the-influence program licensed pursuant
23to Section 11836 of the Health and Safety Code, in the driver’s
24county of residence or employment, as designated by the court.
25For the purposes of this paragraph, enrollment in, participation in,
26and completion of, an approved program shall be subsequent to
27the date of the current violation. Credit may not be given to any
28program activities completed prior to the date of the current
29violation.

30(3) The court shall refer a first offender whose blood-alcohol
31concentration was less than 0.20 percent, by weight, to participate
32for three months or longer, as ordered by the court, in a licensed
33program that consists of at least 30 hours of program activities,
34including those education, group counseling, and individual
35interview sessions described in Chapter 9 (commencing with
36Section 11836) of Part 2 of Division 10.5 of the Health and Safety
37Code.

38(4) The court shall refer a first offender whose blood-alcohol
39concentration was 0.20 percent or more, by weight, or who refused
40to take a chemical test, to participate for nine months or longer,
P88   1as ordered by the court, in a licensed program that consists of at
2least 60 hours of program activities, including those education,
3group counseling, and individual interview sessions described in
4Chapter 9 (commencing with Section 11836) of Part 2 of Division
510.5 of the Health and Safety Code.

6(c) (1) The court shall revoke the person’s probation pursuant
7to Section 23602, except for good cause shown, for the failure to
8enroll in, participate in, or complete a program specified in
9subdivision (b).

10(2) The court, in establishing reporting requirements, shall
11consult with the county alcohol program administrator. The county
12alcohol program administrator shall coordinate the reporting
13requirements with the department and with thebegin insert Stateend insert Department
14ofbegin delete Alcohol and Drug Programs.end deletebegin insert Health Care Services.end insert That
15reporting shall ensure that all persons who, after being ordered to
16attend and complete a program, may be identified for either (A)
17failure to enroll in, or failure to successfully complete, the program,
18or (B) successful completion of the program as ordered.

19(d) The court shall advise the person at the time of sentencing
20that the driving privilege shall not be restored until the person has
21provided proof satisfactory to the department of successful
22completion of a driving-under-the-influence program of the length
23required under this code that is licensed pursuant to Section 11836
24of the Health and Safety Code.

25(e) This section shall become operative on September 20, 2005.

26begin insert

begin insertSEC. 89.end insert  

end insert

begin insertSection 23646 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
27read:end insert

28

23646.  

(a) Each county alcohol program administrator or the
29administrator’s designee shall develop, implement, operate, and
30administer an alcohol and drug problem assessment program
31pursuant to this article for each person described in subdivision
32(b). The alcohol and drug problem assessment program may include
33a referral and client tracking component.

34(b) (1) The court shall order a person to participate in an alcohol
35and drug problem assessment program pursuant to this section and
36Sections 23647 to 23649, inclusive, and the related regulations of
37the State Department ofbegin delete Alcohol and Drug Programs,end deletebegin insert Health Care
38Services,end insert
if the person was convicted of a violation of Section
3923152 or 23153 that occurred within 10 years of a separate
40violation of Section 23152 or 23153 that resulted in a conviction.

P89   1(2) A court may order a person convicted of a violation of
2Section 23152 or 23153 to attend an alcohol and drug problem
3assessment program pursuant to this article.

4(3) (A) The court shall order a person convicted of a violation
5of Section 23152 or 23153 who has previously been convicted of
6a violation of Section 23152 or 23153 that occurred more than 10
7years ago, or has been previously convicted of a violation of
8subdivision (f) of Section 647 of the Penal Code, to attend and
9complete an alcohol and drug problem assessment program under
10this article. In order to determine whether a previous conviction
11for a violation occurring more than 10 years ago exists, the court
12shall rely on state summary criminal history information, local
13summary history information, or records made available to the
14judge through the district attorney.

15(B) If the program assessment recommends additional treatment,
16the court may order a person sentenced under either Section 23538
17or 23556 to enroll, participate, and complete either of the programs
18described under paragraph (4) of subdivision (b) of Section 23542.

19(c) The State Department ofbegin delete Alcohol and Drug Programsend deletebegin insert Health
20Care Servicesend insert
shall establish minimum specifications for alcohol
21and other drug problem assessments and reports.

22begin insert

begin insertSEC. 90.end insert  

end insert

begin insertSection 2100 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
23amended to read:end insert

24

2100.  

(a) The Legislature finds and declares that California’s
25children are growing up under conditions of great stress that are
26resulting in devastating effects on their development and
27well-being. Structural changes in society, including the breakdown
28in the traditional family and erosion of neighborhood community
29support networks, have taken a toll on their welfare, self-esteem,
30and academic achievement. While youth struggle with many
31difficulties, four risk factors stand out: academic failure, substance
32abuse, involvement in the criminal justice system, and teen
33pregnancy. To address these challenges, the State of California
34recognizes quality mentoring as a critical prevention strategy, not
35as a panacea for the aforementioned problems, but as a
36cost-effective method of assisting today’s youth to become
37productive, contributing members of society, and as an important
38source of data for improving the quality of all relationships between
39youth and adults. Research finds that without the caring support,
40counsel, and role modeling of more experienced individuals or
P90   1exposure to natural support networks, young people are much more
2vulnerable to the destructive forces of apathy, abuse, and neglect.
3As we acknowledge the increasing numbers of children who do
4not have the benefit of positive relationships, there has been an
5increasing recognition of the value of mentoring, an activity that
6connects a caring and more experienced person with a young
7person who is in need of attention and support. As a means of
8maximizing public resources, mentoring is both efficient and
9effective, relying on volunteers as the core service providers to
10create collateral improvements in the lives of youth. The public
11investment in the prevention strategy of mentoring has inspired
12significant private support at the local level. Mentoring principles
13may also be used to create mentor-rich environments wherever
14youth and adults interact on a regular basis, thereby effectively
15expanding the world of positive adult contacts for youth in their
16natural environments.

17(b) The complexities of supporting mentoring organizations and
18promoting the formation of positive developmental relationships
19wherever young people and adults interact requires the coordinated
20and sustained support of many private and public sector
21organizations to ensure that their services are available to all young
22persons who wish to have a mentor. To meet the needs of each
23young person, mentor services should be available in communities
24throughout California and mentor-rich environments should be
25created wherever young people and adults interact on a regular
26basis. Mentor programs should be culturally and linguistically
27competent and should embrace the rich diversity of the state. It is
28the intent of the Legislature and the purpose of this chapter to
29foster a partnership between the public and private sector for the
30long-term support of quality mentor programs and mentor-rich
31environments in which young people can interact on a regular basis
32with an array of caring adults.

33(c) Mentoring California’s youth has been carried on by
34thousands of dedicated volunteers through local mentor
35organizations and with the very significant contributions of the
36business community in both time and money. State and local
37government agencies also operate mentor programs. However, the
38need far outweighs the current resources. The valuable potential
39services of many caring adults and older youth continue to go
40untapped while the waiting list of children in need continues to
P91   1grow, and distant youth-adult relationships continue to exist where
2developmental youth-adult relationships could flourish.

begin insert

3(d) This section shall become inoperative on July 1, 2013.

end insert
4begin insert

begin insertSEC. 91.end insert  

end insert

begin insertSection 2104 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
5amended to read:end insert

6

2104.  

For purposes of this chapter, the following definitions
7apply:

8(a) “At-risk youth” means an individual under 21 years of age
9whose environment increases their chance of academic failure,
10alcohol and other drug use, involvement in the criminal justice
11system, or teen pregnancy.

12(b) “Mentoring” means a relationship over a period of time in
13which caring and concerned adults and older youth provide support,
14guidance, and help to younger at-risk persons as they go through
15life.

16(c) “Mentor-rich environments” are environments that create
17many opportunities for young people to interact with an array of
18caring adults and where youth feel respected, connected, and
19affirmed.

begin insert

20(d) This section shall become inoperative on July 1, 2013.

end insert
21begin insert

begin insertSEC. 92.end insert  

end insert

begin insertSection 2106 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
22amended to read:end insert

23

2106.  

It is the intent of the Legislature that all youth mentoring
24programs shall be afforded all of the following:

25(a) The adoption of quality assurance standards by school- and
26community-based mentor programs.

27(b) The provision of mentor program technical assistance.

28(c) The provision of technical assistance to any organization
29that wishes to improve youth-adult relationships.

30(d) The provision of a mentor program clearinghouse and library
31service.

32(e) The preparation and periodic updating of a statewide
33directory of mentor program services.

34(f) The provision of mentor program referrals to the general
35public.

36(g) The coordination of the state employee mentor recruitment
37campaign.

38(h) The development of a coordinated and coherent reporting
39form and requirements.

P92   1(i) (1) In order to obtain funding appropriated by the
2Legislature, mentor programs shall have adopted the California
3Mentor Initiative Quality Assurance Standards and shall provide
4data regarding mentee outcomes as requested by the state funding
5agencies consistent with subdivision (h).

6(2) Adopted in 1997, the Quality Assurance Standards can be
7found in the State Department of Alcohol and Drug Programs
8Publication Number 99-1121. The requirements of these standards
9are summarized as follows:

10(A) A statement of purpose and a long-range plan.

11(B) A recruitment plan for both mentors and mentees.

12(C) An orientation for mentors and mentees.

13(D) Eligibility screening for mentors and mentees.

14(E) A readiness and training curriculum for all mentors and
15mentees.

16(F) A strategy that matches the provider program’s purpose.

17(G) A monitoring program that includes ongoing assessment.

18(H) A support, recognition, and retention component, including
19ongoing peer support, training, and development.

20(I) Closure steps that include confidential exit interviews.

21(J) An evaluation process based on an outcome analysis of the
22mentor program, program criteria, and statement of purpose.

begin insert

23(j) This section shall become inoperative on July 1, 2013.

end insert
24begin insert

begin insertSEC. 93.end insert  

end insert

begin insertSection 4024.5 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is repealed.end insert

begin delete
26

4024.5.  

(a) The State Department of Mental Health and the
27State Department of Alcohol and Drug Programs, jointly, shall
28develop a plan, by July 1, 1994, to appropriately combine funding
29from both departments for the treatment of persons with multiple
30diagnoses.

31(b) For purposes of this section, “multiple diagnoses” means
32diagnoses of chronic mental illness together with substance abuse
33of either illegal or legal drugs, including alcohol, or both.

end delete
34begin insert

begin insertSEC. 94.end insert  

end insert

begin insertSection 4042 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
35amended to read:end insert

36

4042.  

The State Department of State Hospitals shall cooperate
37and coordinate with other state and local agencies engaged in
38research and evaluation studies. Effort shall be made to coordinate
39with research, evaluation, and demonstration efforts of local mental
40health programs, state hospitals serving the mentally disordered,
P93   1the Department of Rehabilitation,begin delete the State Department ofend deletebegin delete Alcohol
2and Drug Programs,end delete
the State Department of Developmental
3Services, the State Department of Health Care Services,
4universities, and other special projects conducted or contracted for
5by the State Department of State Hospitals.

6begin insert

begin insertSEC. 95.end insert  

end insert

begin insertSection 4367.5 of the end insertbegin insertWelfare and Institutions Codeend insert
7begin insert is amended to read:end insert

8

4367.5.  

The director shall establish criteria for client eligibility,
9including financial liability, pursuant to Section 4368. However,
10persons eligible for services provided by regional centers or the
11State Department of Developmental Services are not eligible for
12services provided under this chapter. Income shall not be the sole
13basis for client eligibility. The director shall assume responsibility
14for the coordination of existing funds and services for
15brain-impaired adults, and for the purchase of respite care, as
16defined in subdivision (c) of Section 4362.5, with other
17departments that may serve brain-impaired adults, including the
18Department of Rehabilitation, the State Department of Social
19Services, the State Department of Developmental Services, the
20Department of Aging,begin insert andend insert the Office of Statewide Health Planning
21andbegin delete Development, and the State Department of Alcohol and Drug
22Programs.end delete
begin insert Development.end insert

23begin insert

begin insertSEC. 96.end insert  

end insert

begin insertSection 4368.5 of the end insertbegin insertWelfare and Institutions Codeend insert
24begin insert is amended to read:end insert

25

4368.5.  

In considering total service funds available for the
26project, the director shall utilize funding available from appropriate
27state departments, including, but not limited to: the State
28Department of Social Services, the Department of Rehabilitation,
29begin insert andend insert the California Department ofbegin delete Aging, and the State Department
30of Alcohol and Drug Programs.end delete
begin insert Aging.end insert The director in conjunction
31with the Statewide Resources Consultant shall coordinate his or
32her activities with the implementation of the Torres-Felando
33Long-Term Care Reform Act (Chapter 1453, Statutes of 1982) in
34order to further the goal of obtaining comprehensive, coordinated
35public policy and to maximize the availability of funding for
36programs and services for persons with brain impairments.

37begin insert

begin insertSEC. 97.end insert  

end insert

begin insertSection 4369 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
38amended to read:end insert

P94   1

4369.  

There is within the State Department ofbegin delete Alcohol and
2Drug Programs,end delete
begin insert Public Health,end insert the Office of Problem and
3Pathological Gambling.

4begin insert

begin insertSEC. 98.end insert  

end insert

begin insertSection 4369.1 of the end insertbegin insertWelfare and Institutions Codeend insert
5begin insert is amended to read:end insert

6

4369.1.  

As used in this chapter, the following definitions shall
7apply:

8(a) “Department” means the State Department ofbegin delete Alcohol and
9Drug Programs.end delete
begin insert Public Health.end insert

10(b) “Office” means the Office of Problem and Pathological
11Gambling.

12(c) “Pathological gambling disorder” means a progressive mental
13disorder meeting the diagnostic criteria set forth by the American
14Psychiatric Association’s Diagnostic and Statistical Manual, Fourth
15Edition.

16(d) “Problem gambling” means participation in any form of
17gambling to the extent that it creates a negative consequence to
18the gambler, the gambler’s family, place of employment, or
19community. This includes patterns of gambling and subsequent
20related behaviors that compromise, disrupt, or damage personal,
21family, educational, financial, or vocational interests. The problem
22gambler does not meet the diagnostic criteria for pathological
23gambling disorder.

24(e) “Problem gambling prevention programs” means programs
25designed to reduce the prevalence of problem and pathological
26gambling among California residents. These programs shall
27include, but are not limited to, public education and awareness,
28outreach to high-risk populations, early identification and
29responsible gambling programs.

30begin insert

begin insertSEC. 99.end insert  

end insert

begin insertSection 4369.4 of the end insertbegin insertWelfare and Institutions Codeend insert
31begin insert is amended to read:end insert

32

4369.4.  

All state agencies, including, but not limited to, the
33California Horse Racing Board, the California Gambling Control
34Commission, the Department of Justice, and any other agency that
35regulates casino gambling or cardrooms within the state, and the
36Department of Corrections and Rehabilitation, the State Department
37ofbegin delete Alcohol and Drug Programs,end deletebegin insert Public Health,end insert the State
38Department of Health Care Services, and the California State
39Lottery, shall coordinate with the office to ensure that state
40programs take into account, as much as practicable, problem and
P95   1pathological gamblers. The office shall also coordinate and work
2with other entities involved in gambling and the treatment of
3problem and pathological gamblers.

4begin insert

begin insertSEC. 100.end insert  

end insert

begin insertSection 4369.5 is added to the end insertbegin insertWelfare and
5Institutions Code
end insert
begin insert, to read:end insert

begin insert
6

begin insert4369.5.end insert  

(a) It is the intent of the Legislature that the Office of
7Problem and Pathological Gambling establish and maintain
8ongoing venues for system stakeholders to provide input into public
9policy issues related to problem gambling, including, but not
10limited to, consumers of services and their families, providers of
11services and supports, and county representatives. It is further the
12intent of the Legislature that the Office of Problem and
13Pathological Gambling shall have input into policy discussions
14at the State Department of Public Health and at the California
15Health and Human Services Agency, when appropriate.

16(b) It is the intent of the Legislature to ensure that the impacts
17of the transition of the Office of Problem and Pathological
18Gambling from the State Department of Alcohol and Drug
19Programs to the State Department of Public Health are identified
20and evaluated, initially and over time. It is further the intent of the
21Legislature to establish a baseline for evaluating, on an ongoing
22basis, how and why services provided and overseen by the Office
23of Problem and Pathological Gambling were improved, or
24otherwise changed, as a result of this transition.

25(c) By April 1, 2014, and March 1 annually thereafter, the State
26Department of Public Health shall report to the Joint Legislative
27Budget Committee and the appropriate budget subcommittees and
28policy committees of the Legislature, and publicly post a report
29on the Office of Problem and Pathological Gambling on its Internet
30Web site.

31(1) The report shall contain all of the following:

32(A) A description of education and outreach activities related
33to the prevention program and how the Office of Problem and
34Pathological Gambling establishes linkages with State Department
35of Public Health partners, including local health officers and other
36relevant entities, in order to increase awareness of, and provide
37input to, the Office of Problem and Pathological Gambling, and
38how stakeholder involvement was changed, maintained, or
39enhanced after the transition.

P96   1(B) Beginning in the 2012-13 fiscal year, a description of
2year-over-year changes in the following: access to services,
3demographics of people served, the number of providers, and
4treatment program outcomes. The description of access to services
5shall include, but not be limited to, information regarding
6utilization of services and waiting lists for services. The description
7of providers shall include, but not be limited to, types and numbers
8of providers, including problem gambling counselors, training
9protocols for providers, and workforce trends. The description of
10demographics of people served shall include, but not be limited
11to, age, sex, ethnicity, economic status, and geographic regions.
12The description of treatment program outcomes shall include, but
13not be limited to, participation levels in programs, recidivism rates,
14and quality of life measures.

15(2) By November 30, 2013, the State Department of Public
16Health shall consult with legislative staff and with system
17stakeholders, including county representatives, to develop a
18reporting format consistent with the Legislature’s desired level of
19outcome and reporting detail.

20(d) This section shall become inoperative on July 1, 2018, and,
21as of January 1, 2019, is repealed, unless a later enacted statute,
22that becomes operative on or before January 1, 2019, deletes or
23extends the dates on which it becomes inoperative and is repealed.

end insert
24begin insert

begin insertSEC. 101.end insert  

end insert

begin insertSection 5814 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert

26

5814.  

(a) (1) This part shall be implemented only to the extent
27that funds are appropriated for purposes of this part. To the extent
28that funds are made available, the first priority shall go to maintain
29funding for the existing programs that meet adult system of care
30contract goals. The next priority for funding shall be given to
31counties with a high incidence of persons who are severely
32mentally ill and homeless or at risk of homelessness, and meet the
33criteria developed pursuant to paragraphs (3) and (4).

34(2) The Director of Health Care Services shall establish a
35methodology for awarding grants under this part consistent with
36the legislative intent expressed in Section 5802, and in consultation
37with the advisory committee established in this subdivision.

38(3) (A) The Director of Health Care Services shall establish an
39advisory committee for the purpose of providing advice regarding
40the development of criteria for the award of grants, and the
P97   1identification of specific performance measures for evaluating the
2effectiveness of grants. The committee shall review evaluation
3reports and make findings on evidence-based best practices and
4recommendations for grant conditions. At not less than one meeting
5annually, the advisory committee shall provide to the director
6written comments on the performance of each of the county
7programs. Upon request by the department, each participating
8county that is the subject of a comment shall provide a written
9response to the comment. The department shall comment on each
10of these responses at a subsequent meeting.

11(B) The committee shall include, but not be limited to,
12 representatives from state, county, and community veterans’
13services and disabled veterans outreach programs, supportive
14housing and other housing assistance programs, law enforcement,
15county mental health and private providers of local mental health
16services and mental health outreach services, the Department of
17Corrections and Rehabilitation,begin delete the State Department of Alcohol
18and Drug Programs,end delete
local substance abuse services providers, the
19Department of Rehabilitation, providers of local employment
20services, the State Department of Social Services, the Department
21of Housing and Community Development, a service provider to
22transition youth, the United Advocates for Children of California,
23the California Mental Health Advocates for Children and Youth,
24the Mental Health Association of California, the California Alliance
25for the Mentally Ill, the California Network of Mental Health
26Clients, the California Mental Health Planning Council, the Mental
27Health Services Oversight and Accountability Commission, and
28other appropriate entities.

29(4) The criteria for the award of grants shall include, but not be
30limited to, all of the following:

31(A) A description of a comprehensive strategic plan for
32providing outreach, prevention, intervention, and evaluation in a
33cost appropriate manner corresponding to the criteria specified in
34subdivision (c).

35(B) A description of the local population to be served, ability
36to administer an effective service program, and the degree to which
37local agencies and advocates will support and collaborate with
38program efforts.

P98   1(C) A description of efforts to maximize the use of other state,
2federal, and local funds or services that can support and enhance
3the effectiveness of these programs.

4(5) In order to reduce the cost of providing supportive housing
5for clients, counties that receive a grant pursuant to this part after
6January 1, 2004, shall enter into contracts with sponsors of
7supportive housing projects to the greatest extent possible.
8Participating counties are encouraged to commit a portion of their
9grants to rental assistance for a specified number of housing units
10in exchange for the counties’ clients having the right of first refusal
11to rent the assisted units.

12(b) In each year in which additional funding is provided by the
13annual Budget Act the State Department of Health Care Services
14shall establish programs that offer individual counties sufficient
15funds to comprehensively serve severely mentally ill adults who
16are homeless, recently released from a county jail or the state
17prison, or others who are untreated, unstable, and at significant
18risk of incarceration or homelessness unless treatment is provided
19to them and who are severely mentally ill adults. For purposes of
20this subdivision, “severely mentally ill adults” are those individuals
21described in subdivision (b) of Section 5600.3. In consultation
22with the advisory committee established pursuant to paragraph (3)
23of subdivision (a), the department shall report to the Legislature
24on or before May 1 of each year in which additional funding is
25provided, and shall evaluate, at a minimum, the effectiveness of
26the strategies in providing successful outreach and reducing
27homelessness, involvement with local law enforcement, and other
28measures identified by the department. The evaluation shall include
29for each program funded in the current fiscal year as much of the
30following as available information permits:

31(1) The number of persons served, and of those, the number
32who receive extensive community mental health services.

33(2) The number of persons who are able to maintain housing,
34including the type of housing and whether it is emergency,
35transitional, or permanent housing, as defined by the department.

36(3) (A) The amount of grant funding spent on each type of
37housing.

38(B) Other local, state, or federal funds or programs used to house
39clients.

P99   1(4) The number of persons with contacts with local law
2enforcement and the extent to which local and state incarceration
3has been reduced or avoided.

4(5) The number of persons participating in employment service
5programs including competitive employment.

6(6) The number of persons contacted in outreach efforts who
7appear to be severely mentally ill, as described in Section 5600.3,
8who have refused treatment after completion of all applicable
9outreach measures.

10(7) The amount of hospitalization that has been reduced or
11avoided.

12(8) The extent to which veterans identified through these
13programs’ outreach are receiving federally funded veterans’
14services for which they are eligible.

15(9) The extent to which programs funded for three or more years
16are making a measurable and significant difference on the street,
17in hospitals, and in jails, as compared to other counties or as
18compared to those counties in previous years.

19(10) For those who have been enrolled in this program for at
20least two years and who were enrolled in Medi-Cal prior to, and
21at the time they were enrolled in, this program, a comparison of
22their Medi-Cal hospitalizations and other Medi-Cal costs for the
23two years prior to enrollment and the two years after enrollment
24in this program.

25(11) The number of persons served who were and were not
26receiving Medi-Cal benefits in the 12-month period prior to
27enrollment and, to the extent possible, the number of emergency
28room visits and other medical costs for those not enrolled in
29Medi-Cal in the prior 12-month period.

30(c) To the extent that state savings associated with providing
31integrated services for the mentally ill are quantified, it is the intent
32of the Legislature to capture those savings in order to provide
33integrated services to additional adults.

34(d) Each project shall include outreach and service grants in
35accordance with a contract between the state and approved counties
36that reflects the number of anticipated contacts with people who
37are homeless or at risk of homelessness, and the number of those
38who are severely mentally ill and who are likely to be successfully
39referred for treatment and will remain in treatment as necessary.

P100  1(e) All counties that receive funding shall be subject to specific
2terms and conditions of oversight and training which shall be
3developed by the department, in consultation with the advisory
4committee.

5(f) (1) As used in this part, “receiving extensive mental health
6services” means having a personal services coordinator, as
7described in subdivision (b) of Section 5806, and having an
8individual personal service plan, as described in subdivision (c)
9of Section 5806.

10(2) The funding provided pursuant to this part shall be sufficient
11to provide mental health services, medically necessary medications
12to treat severe mental illnesses, alcohol and drug services,
13transportation, supportive housing and other housing assistance,
14vocational rehabilitation and supported employment services,
15money management assistance for accessing other health care and
16 obtaining federal income and housing support, accessing veterans’
17services, stipends, and other incentives to attract and retain
18sufficient numbers of qualified professionals as necessary to
19provide the necessary levels of these services. These grants shall,
20however, pay for only that portion of the costs of those services
21not otherwise provided by federal funds or other state funds.

22(3) Methods used by counties to contract for services pursuant
23to paragraph (2) shall promote prompt and flexible use of funds,
24consistent with the scope of services for which the county has
25contracted with each provider.

26(g) Contracts awarded pursuant to this part shall be exempt from
27the Public Contract Code and the state administrative manual and
28shall not be subject to the approval of the Department of General
29Services.

30(h) Notwithstanding any other provision of law, funds awarded
31to counties pursuant to this part and Part 4 (commencing with
32Section 5850) shall not require a local match in funds.

33begin insert

begin insertSEC. 102.end insert  

end insert

begin insertSection 10506 of the end insertbegin insertWelfare and Institutions Codeend insert
34begin insert is amended to read:end insert

35

10506.  

(a) Except as otherwise required by Sections 10614
36and 14100.5, the State Department of Health Care Services
37(Genetically Handicapped Persons, CCS, CHDP, and the caseload
38programs in the Genetic Disease Branch),begin delete State Department of
39Alcohol and Drug Programs (Drug Medi-Cal Program),end delete
Managed
40Risk Medical Insurance Board, State Department of Developmental
P101  1Services, State Department of State Hospitals, and Department of
2Child Support Services shall submit to the Department of Finance
3for its approval all assumptions underlying all estimates used to
4develop the departments’ budgets by September 10 of each year,
5and those assumptions, as revised by, March 1 of the following
6year.

7(b) The Department of Finance shall approve, modify, or deny
8the assumptions underlying all estimates within 15 working days
9of their submission. If the Department of Finance does not modify,
10deny, or otherwise indicate that the assumptions are open for
11consideration pending further information submitted by the
12department by that date, the assumptions as presented by the
13submitting department shall be deemed to be accepted by the
14Department of Finance as of that date.

15(c) Each department or board described in subdivision (a) shall
16also submit an estimate of expenditures for each of the categorical
17aid programs in its budget to the Department of Finance by
18November 1 of each year and those estimates as revised by April
1920 of the following year. Each estimate shall contain a concise
20statement identifying applicable estimate components, such as
21caseload, unit cost, implementation date, whether it is a new or
22continuing premise, and other assumptions necessary to support
23the estimate. The submittal shall include a projection of the fiscal
24impact of each of the approved assumptions related to a regulatory,
25statutory, or policy change, a detailed explanation of any changes
26to the base estimate projections from the previous estimate, and a
27projection of the fiscal impact of that change to the base estimate.

28(d) Each department or board shall identify those premises to
29which either of the following applies:

30(1) Have been discontinued since the previous estimate was
31submitted. The department or board shall provide a chart that tracks
32the history of each discontinued premise in the prior year, the
33current year, and the budget year.

34(2) Have been placed in the basic cost line of the estimate
35package.

36(e) In the event that the methodological steps employed in
37arriving at the estimates in May differ from those used in
38November of the preceding year, the department or board shall
39submit a descriptive narrative of the revised methodology. In
40addition, the estimates shall include fiscal charts that track
P102  1appropriations from the Budget Act to the current Governor’s
2Budget and May Revision for all fund sources for the prior year,
3current year and budget year. This information shall be provided
4to the Department of Finance, the Joint Legislative Budget
5Committee, the Health and Human Services Policy Committees,
6and the fiscal committees, along with other materials included in
7the annual May Revision of expenditure estimates.

8(f) The estimates of average monthly caseloads, average monthly
9grants, total estimated expenditures, including administrative
10expenditures and savings or costs associated with all regulatory
11or statutory changes, as well as all supporting data provided by
12the department or developed independently by the Department of
13Finance, shall be made available to the Joint Legislative Budget
14Committee, the Health and Human Services Policy Committees,
15and the fiscal committees.

16(g) On or after January 10, if the Department of Finance
17discovers a material error in the information provided pursuant to
18this section, the Department of Finance shall inform the consultants
19to the fiscal committees of the error in a timely manner.

20(h) The departmental estimates, assumptions, and other
21supporting data prepared for purposes of this section shall be
22forwarded annually to the Joint Legislative Budget Committee,
23the Health and Human Services Policy Committees, and the fiscal
24committees of the Legislature, not later than January 10 and May
2514 by the department or board if this information has not been
26released earlier by the Department of Finance.

27(i) The requirements of this section do not apply to the State
28Department of Social Services estimate or the State Department
29of Health Care Services’ Medi-Cal Program estimate, which are
30governed by Sections 10614 and 14100.5, respectively.

31(j) The Department of Rehabilitation shall submit assumptions
32and an estimate of case services expenditures for the Vocational
33Rehabilitation (VR) program specifically detailing the VR
34supported employment and work activity elements in accordance
35with this part, except that assumptions shall be submitted only
36annually, on or before March 1, and an estimate of expenditures
37shall be submitted only annually, on or before April 20, to the
38Department of Finance. The departmental assumptions and the
39departmental estimate of expenditures shall be forwarded annually,
40on or before May 14, to the Joint Legislative Budget Committee,
P103  1and to the health and human services policy committees and fiscal
2committees of the Legislature, if this information has not been
3released earlier by the Department of Finance.

4begin insert

begin insertSEC. 103.end insert  

end insert

begin insertSection 14132.21 of the end insertbegin insertWelfare and Institutions
5Code
end insert
begin insert is amended to read:end insert

6

14132.21.  

Thebegin delete department, in consultation with the State
7Department of Alcohol and Drug Programs,end delete
begin insert departmentend insert shall
8assess the feasibility of applying to the federal Health Care
9Financing Administration for a Medicaid State Plan amendment
10to provide targeted case management to pregnant substance-abusing
11women and women who have given birth to a drug-exposed or
12alcohol-exposed infant. These women may be identified through
13self-referral, family planning or health clinics, public or private
14hospitals, drug treatment programs, the Medi-Cal program, or other
15public assistance or health treatment programs. Women eligible
16for services under the targeted case management program would
17be provided the following case management services:

18(a) Intake and service needs assessment of women currently
19receiving Medi-Cal benefits.

20(b) Development of a coordinated health and treatment plan for
21the eligible woman and her infant, listing needed services.

22(c) Case management services to assist with gaining access to
23needed medical, social, educational, and other services.

24(d) Referral to any of the following programs that are listed in
25the woman’s health and treatment plan:

26(1) Child Health and Disability Prevention Program.

27(2) Supplementary Food Program for Women, Infants, and
28Children (WIC).

29(3) Drug abuse treatment and detoxification programs.

30(4) In-home support services to enhance the woman’s utilization
31of drug treatment programs, and prenatal and perinatal care
32services.

33(5) Transportation to health and drug treatment services.

34(6) Crisis assistance to address health and drug treatment needs.

35(7) Other case management services authorized by the federal
36Health Care Financing Administration.

37begin insert

begin insertSEC. 104.end insert  

end insert

begin insertSection 14132.36 of the end insertbegin insertWelfare and Institutions
38Code
end insert
begin insert is repealed.end insert

begin delete
39

14132.36.  

(a) To the extent that federal financial participation
40becomes available, residential care for alcohol and drug exposed
P104  1pregnant women and women in the postpartum perinatal period is
2a covered service under this chapter, subject to utilization controls.

3(b) For purposes of this section, “residential care” shall consist
4of those services specified in the interagency agreement between
5the State Department of Alcohol and Drug Programs and the State
6Department of Health Services.

7(c) The State Department of Alcohol and Drug Programs shall
8be the agency responsible for establishing the residential care
9programs. The department shall, for the purposes of this section,
10provide funds from the department’s budget for the purpose of
11obtaining federal matching funds under Title XIX of the Social
12Security Act (42 U.S.C. Sec. 1396, and following) for the
13residential care programs.

end delete
14begin insert

begin insertSEC. 105.end insert  

end insert

begin insertSection 14132.90 of the end insertbegin insertWelfare and Institutions
15Code
end insert
begin insert is amended to read:end insert

16

14132.90.  

(a) As of September 15, 1995, day care habilitative
17services, pursuant to subdivision (c) of Section 14021 shall be
18provided only to alcohol and drug exposed pregnant women and
19women in the postpartum period, or as required by federal law.

20(b) (1) Notwithstanding any other provision of law, except to
21the extent required by federal law, if, as of May 15, 2000, the
22projected costs for the 1999-2000 fiscal year for outpatient drug
23abuse services, as described in Section 14021, exceed forty-five
24million dollars ($45,000,000) in state General Fund moneys, then
25the outpatient drug free services, as defined in Section 51341.1 of
26Title 22 of the California Code of Regulations, shall not be a
27benefit under this chapter as of July 1, 2000.

28(2) Notwithstanding paragraph (1), narcotic replacement therapy
29and Naltrexone shall remain benefits under this chapter.

30(3) Notwithstanding paragraph (1), residential care, outpatient
31drug free services, and day care habilitative services, for alcohol
32and drug exposed pregnant women and women in the postpartum
33period shall remain benefits under this chapter.

34(c) Expenditures for services purchased at the direction of county
35welfare departments on behalf of CalWORKs recipients shall not
36be included in the computation of costs for subdivision (b).

37(d) For the 1999-2000 fiscal year and each fiscal year thereafter,
38there shall be separate annual fiscal year General Fund
39appropriations for drug Medi-Cal perinatal services (Item
404200-104-0001 of the Budget Act), drug Medi-Cal nonperinatal
P105  1services (Item 4200-103-0001 of the Budget Act), nondrug
2Medi-Cal perinatal services (Item 4200-102-0001 of the Budget
3Act), and nondrug Medi-Cal nonperinatal services (Item
44200-101-0001 of the Budget Act).

5(e) Notwithstanding any other provision of law, the State
6Department of Alcohol and Drug Programs shall maintain a
7contingency reserve of the reappropriated General Fund moneys
8for the purpose of drug Medi-Cal program expenditures.

9(f) Unexpended General Fund moneys appropriated for the drug
10Medi-Cal program may be transferred for use as nondrug Medi-Cal
11county expenditures in the current or budget years. Unexpended
12General Fund moneys shall not be transferred from nondrug
13Medi-Cal to the drug Medi-Cal program for purposes of providing
14matching funds for federal financial participation.

begin insert

15(g) This section shall become inoperative on July 1, 2013.

end insert
begin insert16

begin insertSEC. 106.end insert  

Section 14132.905 is added to the Welfare and
17Institutions Code
, immediately following Section 14132.90, to
18read:

19

begin insert14132.905.end insert  

(a) Day care habilitative services, pursuant to
20subdivision (c) of Section 14021, shall be provided only to alcohol-
21and drug-exposed pregnant women and women in the postpartum
22period, or as required by federal law.

23(b) This section shall become operative on July 1, 2013.

end insert
24begin insert

begin insertSEC. 107.end insert  

end insert

begin insertSection 17700 of the end insertbegin insertWelfare and Institutions Codeend insert
25begin insert is amended to read:end insert

26

17700.  

The Legislature finds and declares all of the following:

27(a) Many children adjudicated dependents of the juvenile court
28pursuant to Section 300 and following are, because of abuse,
29neglect, or exploitation within the family environment, unable to
30remain safely in their own homes.

31(b) Children requiring placement in foster care are, pursuant to
32Section 675 (5)(a) of Title 42 of the United States Code, entitled
33to placement in the least restrictive, most family-like setting in
34close proximity to the parent’s home, consistent with the best
35interest and special needs of the child.

36(c) A significant number of children adjudicated dependents of
37the juvenile court under Section 300 and following who require
38placement outside their own homes have special health care needs.
39Children with biological families who can provide health care
P106  1services can be discharged from hospital care into home care when
2it has been determined that the child is medically stable.

3(d) Children who have become dependents of the juvenile court
4may become, because of a lack of appropriate placement options,
5long-term boarders in hospitals or other health care institutions.

6(e) It is, therefore, the intent of the Legislature to support
7expansion of existing prevention and treatment programs designed
8to serve the parent and child with special health care needs which
9are administered by the State Department of Healthbegin insert Careend insert Services,
10begin delete the State Department of Social Services,end delete and the State Department
11ofbegin delete Alcohol and Drug Programs.end deletebegin insert Social Services.end insert

12Further, it is the intent of the Legislature to establish a program
13to place children with special health care needs in special foster
14care homes, licensed pursuant to Chapter 3 (commencing with
15Section 1500) of Division 2 of the Health and Safety Code, wherein
16foster parents are trained by health care professionals, pursuant to
17the discharge plan of the facility releasing the child being placed,
18or who is currently, in foster care.

19It is further the intent of the Legislature to encourage, to the
20extent feasible, the placement of children with special health care
21needs with relatives trained by health care professionals.

22begin insert

begin insertSEC. 108.end insert  

end insert

begin insertSection 18987.7 of the end insertbegin insertWelfare and Institutions Codeend insert
23begin insert is amended to read:end insert

24

18987.7.  

(a) The State Department of Social Services shall
25convene a workgroup of public and private nonprofit stakeholders
26that shall develop a plan for transforming the current system of
27group care for foster children or youth, and for children with
28serious emotional disorders (SED), into a system of residentially
29based services. The stakeholders may include, but not be limited
30to, representatives of the department, the State Department of
31Education, the State Department of Health Care Services,begin delete the State
32Department of Alcoholend delete
begin delete and Drug Programs,end delete and the Department
33of Corrections and Rehabilitation; county child welfare, probation,
34mental health, and alcohol and drug programs; local education
35authorities; current and former foster youth, parents of foster
36children or youth, and children or youth with SED; private
37nonprofit agencies operating group homes; children’s advocates;
38and other interested parties.

39(b) The plan developed pursuant to this chapter shall utilize the
40reports delivered to the Legislature pursuant to Section 75 of
P107  1Chapter 311 of the Statutes of 1998 by the Steering Committee
2for the Reexamination of the Role of Group Care in a Family-Based
3System of Care in June 2001 and August 2002, and the
4“Framework for a New System for Residentially-Based Services
5in California” published in March 2006.

6(c) In the development, implementation, and subsequent
7revisions of the plan developed pursuant to subdivision (a), the
8knowledge and experience gained by counties and private nonprofit
9agencies through the operation of their residentially based services
10programs created under voluntary agreements made pursuant to
11Section 18987.72, including, but not limited to, the results of
12evaluations prepared pursuant to paragraph (3) of subdivision (c)
13of Section 18987.72 shall be utilized.

14(d) The workgroup described in subdivision (a) shall be the
15workgroup described in Section 11461.2. The responsibilities
16described in subdivisions (b) and (c) shall be assumed by the
17workgroup and the recommendations shall be submitted as set
18forth in subdivision (f) of Section 11461.2.

19begin insert

begin insertSEC. 109.end insert  

end insert
begin insert

The sum of two million four thousand dollars
20($2,004,000) is hereby appropriated from the Federal Trust Fund
21to the State Department of Health Care Services for mental health
22programs, and shall be available for encumbrance and expenditure
23until June 30, 2014.

end insert
24begin insert

begin insertSEC. 110.end insert  

end insert
begin insert

This act shall become operative on July 1, 2013.

end insert
25begin insert

begin insertSEC. 111.end insert  

end insert
begin insert

This act is a bill providing for appropriations
26related to the Budget Bill within the meaning of subdivision (e) of
27Section 12 of Article IV of the California Constitution, has been
28identified as related to the budget in the Budget Bill, and shall
29take effect immediately.

end insert
begin delete
30

SECTION 1.  

It is the intent of the Legislature to enact statutory
31changes relating to the Budget Act of 2013.
32

end delete

CORRECTIONS:

Text--Page 26.




O

Corrected 6-15-13—See last page.     98