Amended in Senate May 31, 2016

Senate Bill No. 1110

Introduced by Senator Hancock

(Principal coauthor: Senator Anderson)

February 17, 2016

An act to add begin insert and repeal end insert Chapter 2.92 (commencing with Section 1001.85) of Title 6 of Part 2 of the Penal Code, relating to diversion.

LEGISLATIVE COUNSEL’S DIGEST

SB 1110, as amended, 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.

begin delete

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.

end delete begin insert

This bill, until January 1, 2020, would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 2.92 (commencing with Section 1001.85)
is added to Title 6 of Part 2 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 2.92. end insert Law Enforcement Assisted Diversion
(LEAD) Pilot Program

 

begin insert 1001.85. end insert   

(a) The Law Enforcement Assisted Diversion (LEAD)
pilot program is hereby established. The purpose of the LEAD
program is to improve public safety and reduce recidivism by
increasing the availability and use of social service resources
while reducing costs to law enforcement agencies and courts
stemming from repeated incarceration.

(b) LEAD pilot programs shall be consistent with the following
principles, implemented to address and reflect the priorities of the
community in which the program exists:

(1) Providing intensive case management services and an
individually tailored intervention plan that acts as a blueprint for
assisting LEAD participants.

(2) Prioritizing temporary and permanent housing that includes
individualized supportive services, without preconditions of drug
or alcohol treatment or abstinence from drugs or alcohol.

(3) Employing human and social service resources in
coordination with law enforcement in a manner that improves
individual outcomes and community safety, and promotes
community wellness.

(4) Participation in LEAD services shall be voluntary throughout
the duration of the program and shall not require abstinence from
drug or alcohol use as a condition of continued participation.

begin insert 1001.86. end insert   

(a) The LEAD program shall be administered by the
Board of State and Community Corrections.

(b) The board shall award grants, on a competitive basis, to up
to three jurisdictions as authorized by this chapter. The board
shall establish minimum standards, funding schedules, and
procedures for awarding grants, which shall take into
consideration, but not be limited to, all of the following:

(1) Information from the applicant demonstrating a clear
understanding of the program’s purpose and the applicant’s
willingness and ability to implement the LEAD program as
described in this chapter.

(2) Key local partners who would be committed to, and involved
in, the development and successful implementation of a LEAD
program, including, but not limited to, balanced representation
from law enforcement agencies, prosecutorial agencies, public
defenders and defense counsel, public health and social services
agencies, case management service providers, and any other
entities identified by the applicant as integral to the successful
implementation of a LEAD program in the jurisdiction.

(3) The jurisdiction’s capacity and commitment to coordinate
social services, law enforcement efforts, and justice system
decisionmaking processes, and to work to ensure that the
discretionary decisions made by each participant in the
administration of the program operates in a manner consistent
with the purposes of this chapter.

(c) Successful grant applicants shall collect and maintain data
pertaining to the effectiveness of the program as indicated by the
board in the request for proposals.

begin insert 1001.87. end insert   

(a) LEAD programs funded pursuant to this chapter
shall consist of a strategy of effective intervention for eligible
participants consistent with the following gateways to services:

(1) Prebooking referral. As an alternative to arrest, a law
enforcement officer may take or refer a person for whom the officer
has probable cause for arrest for any of the offenses in subdivision
(b) to a case manager to be screened for immediate crisis services
and to schedule a complete assessment intake interview.
Participation in LEAD diversion shall be voluntary, and the person
may decline to participate in the program at any time. Criminal
charges based on the conduct for which a person is diverted to
LEAD shall not be filed, provided that the person finishes the
complete assessment intake interview within a period set by the
local jurisdictional partners, but not to exceed 30 days after the
referral.

(2) Social contact referral. A law enforcement officer may refer
an individual to LEAD whom he or she believes is at high risk of
arrest in the future for any of the crimes specified in subdivision
(b), provided that the individual meets the criteria specified in this
paragraph and expresses interest in voluntarily participating in
the program. LEAD may accept these referrals if the program has
capacity after responding to prebooking diversion referrals
described in paragraph (1). All social contact referrals to LEAD
shall meet the following criteria:

(A) Verification by law enforcement that the individual has had
prior involvement with low-level drug activity or prostitution.
Verification shall consist of any of the following:

(i) Criminal history records, including, but not limited to, prior
police reports, arrests, jail bookings, criminal charges, or
convictions indicating that he or she was engaged in low-level
drug or prostitution activity.

(ii) Law enforcement has directly observed the individual’s
low-level drug or prostitution activity on prior occasions.

(iii) Law enforcement has a reliable basis of information to
believe that the individual is engaged in low-level drug or
prostitution activity, including, but not limited to, information
provided by another first responder, a professional, or a credible
community member.

(B) The individual’s prior involvement with low-level drug or
prostitution activity occurred within the LEAD pilot program area.

(C) The individual’s prior involvement with low-level drug or
prostitution activity occurred within 24 months of the date of
referral.

(D) The individual does not have a pending case in drug court
or mental health court.

(E) The individual is not prohibited, by means of an existing
no-contact order, temporary restraining order, or antiharassment
order, from making contact with a current LEAD participant.

(b) The following offenses are eligible for either prebooking
diversion, social contact referral, or both:

(1) Possession for sale or transfer of a controlled substance or
other prohibited substance where the circumstances indicate that
the sale or transfer is intended to provide a subsistence living or
to allow the person to obtain or afford drugs for his or her own
consumption.

(2) Sale or transfer of a controlled substance or other prohibited
substance where the circumstances indicate that the sale or transfer
is intended to provide a subsistence living or to allow the person
to obtain or afford drugs for his or her own consumption.

(3) Possession of a controlled substance or other prohibited
substance.

(4) Being under the influence of a controlled substance or other
prohibited substance.

(5) Being under the influence of alcohol and a controlled
substance or other prohibited substance.

(6) Prostitution pursuant to subdivision (b) of Section 647.

begin insert 1001.88. end insert   

(a) Services provided pursuant to this chapter may
include, but are not limited to, case management, housing, medical
care, mental health care, treatment for alcohol or substance use
disorders, nutritional counseling and treatment, psychological
counseling, employment, employment training and education, civil
legal services, and system navigation. Grant funding may be used
to support any of the following:

(1) Project management and community engagement.

(2) Temporary services and treatment necessary to stabilize a
participant’s condition, including necessary housing.

(3) Outreach and direct service costs for services described in
this section.

(4) Civil legal services for LEAD participants.

(5) Dedicated prosecutorial resources, including for
coordinating any nondiverted criminal cases of LEAD participants.

(6) Dedicated law enforcement resources, including for overtime
required for participation in operational meetings and training.

(7) Training and technical assistance from experts in the
implementation of LEAD in other jurisdictions.

(8) Collecting and maintaining the data necessary for program
evaluation.

(b) The board shall contract with a nonprofit research entity,
university, or college to evaluate the effectiveness of the LEAD
program. The evaluation design shall include measures to assess
the cost-benefit outcomes of LEAD programs compared to booking
and prosecution, and may include evaluation elements such as
comparing outcomes for LEAD participants to similarly situated
offenders who are arrested and booked, the number of jail
bookings, total number of jail days, the prison incarceration rate,
subsequent felony and misdemeanor arrests or convictions, and
costs to the criminal justice and court systems. Savings will be
compared to costs of LEAD participation. By January 1, 2020 a
report of the findings shall be submitted to the Governor and the
Legislature pursuant to Section 9795 of the Government Code.

(c) The board may contract with experts in the implementation
of LEAD in other jurisdictions for the purpose of providing
technical assistance to participating jurisdictions.

(d) The board shall not spend more than 5 percent annually of
the moneys allocated to the program for its administrative costs,
excluding the contracts authorized in subdivisions (b) and (c).

begin insert 1001.89. end insert   

This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.

end insert

begin delete

SECTION 1.  

Chapter 2.92 (commencing with Section 1001.85)
is added to Title 6 of Part 2 of the Penal Code, to read:

 

Chapter  2.92. Law Enforcement Assisted Diversion

 

1001.85.  

(a) The Board of State and Community Corrections
shall approve three counties for the establishment of a Law
Enforcement Assisted Diversion (LEAD) pilot program. Interested
counties shall submit applications to the board, including
information on the manner in which the program will operate in
that county, as required by the board.

(b) LEAD pilot programs shall include both of the following:

(1) Authorization for designated peace officers to take a person
for whom the officer has probable cause for arrest for any of the
following offenses to a drug treatment facility or program for
treatment, including detoxification and related services in lieu of
that arrest:

(A) Possession for sale or transfer of a controlled substance or
other prohibited substance where the circumstances indicate that
the sale or transfer is intended to provide a subsistence living or
to allow the person to obtain or afford drugs for his or her own
consumption.

(B) Sale or transfer of a controlled substance or other prohibited
substance where the circumstances indicate that the sale or transfer
is intended to provide a subsistence living or to allow the person
to obtain or afford drugs for his or her own consumption.

(C) Possession of a controlled substance or other prohibited
substance.

(D) Being under the influence of a controlled substance or other
prohibited substance.

(E) Being under the influence of alcohol and a controlled
substance or other prohibited substance.

(2) Authorization for designated peace officers to take a person
for whom the officer has probable cause for arrest for prostitution
pursuant to subdivision (b) of Section 647, to an agency or entity
that will provide services to that person in lieu of that arrest.
Services pursuant to this paragraph may include, but are not limited
to, housing, medical care, child care, treatment for alcohol or
substance abuse, nutritional counseling and treatment,
psychological counseling, employment, and employment training
and education.

(c) The Legislature finds and declares that a program similar to
the LEAD program has been demonstrated in Seattle, Washington
to lower recidivism of participants, increase cooperation by
participants in treatment and related programs, and significantly
reduce law enforcement and court costs.

end delete