SB 1110, as introduced, Hancock. Law Enforcement Assisted Diversion.
Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations.
This bill would require the Board of State and Community Corrections to approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. The bill would require the LEAD pilot programs to authorize designated officers to take a person for whom the officer has probable cause for arrest for specified controlled substances offenses, including possession of a controlled substance or other prohibited substance, or prostitution, to treatment programs and services in lieu of that arrest.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.92 (commencing with Section 1001.85)
2is added to Title 6 of Part 2 of the Penal Code, to read:
(a) The Board of State and Community Corrections
4shall approve three counties for the establishment of a Law
5Enforcement Assisted Diversion (LEAD) pilot program. Interested
6counties shall submit applications to the board, including
7information on the manner in which the program will operate in
8that county, as required by the board.
9(b) LEAD pilot programs shall include both of the following:
10(1) Authorization for designated peace officers to take a person
11for whom the officer has probable cause for arrest for any of the
12following offenses to a drug treatment facility or program for
13treatment, including detoxification and related services in lieu of
14that arrest:
15(A) Possession for sale or transfer of a controlled substance or
16other prohibited substance where the circumstances indicate that
17the sale or transfer is intended to provide a subsistence living or
18to allow the person to obtain or afford drugs for his or her own
19consumption.
20(B) Sale or transfer of a controlled substance or other prohibited
21substance where the circumstances indicate that the sale or transfer
22is intended to provide a subsistence living or to allow the person
23to obtain or afford drugs for his or her own consumption.
24(C) Possession of a controlled substance or other prohibited
25substance.
26(D) Being under the influence of a controlled substance or other
27prohibited substance.
28(E) Being under the influence of alcohol and a controlled
29substance or other prohibited substance.
30(2) Authorization for designated peace officers to take a person
31for whom the officer has probable cause for arrest for prostitution
32pursuant to subdivision (b) of Section 647, to an agency or entity
33that will provide services to that person in lieu of that arrest.
34Services pursuant to this paragraph may include, but are not limited
35to, housing, medical care, child care, treatment for alcohol or
36substance abuse, nutritional counseling and treatment,
37psychological counseling, employment, and employment training
38and education.
39(c) The Legislature finds and declares that a program similar to
40the LEAD program has been demonstrated in Seattle, Washington
P3 1to lower recidivism of participants, increase cooperation by
2participants in treatment and related programs, and
significantly
3reduce law enforcement and court costs.
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