BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1110 (Hancock) - Law Enforcement Assisted Diversion
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|Version: February 17, 2016 |Policy Vote: PUB. S. 6 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 9, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1110 would require the Board of State and Community
Corrections (BSCC) to approve three counties for the
establishment of a Law Enforcement Assisted Diversion (LEAD)
pilot program, as specified.
Fiscal
Impact:
BSCC : One-time costs of approximately $65,000 (General Fund)
to support activities related to the review and approval of
applications for pilot participation.
Local agencies : Major local costs potentially in excess of $7
million (Local Funds/General Fund/General Fund*) annually
(assuming $2.5 million per mid-size county) to provide the
necessary treatment, services, and collaborative case
management activities for three counties. The pilot program is
limited to three counties, however, a sunset date for the
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pilot program is not specified. Consequently, costs are
estimated to be ongoing. Costs per county would vary by county
size and size of the targeted population. To the extent Los
Angeles County is selected, for example, annual costs could be
much greater.
CSEC program : Potential increase in Commercially Sexually
Exploited Children (CSEC) program costs (General Fund**) for
services, treatment, and case management activities for
juvenile LEAD program participants that otherwise may have
been charged with the specified prostitution offense. Costs
would be dependent on the specific counties approved for the
pilot, the number of LEAD participants in each county, and the
existing infrastructure and service capacity available to
serve LEAD participants in these counties.
Medi-Cal services : Potentially significant increase in
Medi-Cal program costs (Federal Fund/General Fund) for greater
provision of alcohol/substance abuse treatment and mental
health services to LEAD participants.
Criminal justice system : Potentially major future cost
savings in the millions of dollars (General Fund/Local Funds)
to numerous state and local agencies, including but not
limited to the courts, state prisons, local correctional
facilities, law enforcement agencies, and human services
agencies to the extent LEAD participation results in reduced
recidivism of LEAD participants.
Proposition 47* : Staff notes the funds to be disbursed
annually to the BSCC under the Safe Neighborhoods and Schools
Act (65 percent of Proposition 47 calculated savings) for
mental health services, substance abuse treatment, and
diversion programs for people in the criminal justice system,
with emphasis on programs that reduce recidivism of people
convicted of less serious crimes may potentially be used for
the purposes specified in this measure.
*Safe Neighborhoods and Schools Fund (annual transfer from the
General Fund)
**Proposition 30 General Fund
Background: LEAD Concept, Participants and Goals<1>
Law enforcement assisted diversion (LEAD) is a program in which
law enforcement officers contact a low-level drug offender or a
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<1> Senate Committee on Public Safety analysis of SB 1110 (April
19, 2016)
SB 1110 (Hancock) PageB
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person engaged in prostitution and offer the person treatment
and services without a criminal prosecution arising out of that
contact. If the person agrees to engage in the program,
prosecution is not deferred, it is never instigated.
In Seattle, the referral to services and participation can also
be done through a social contact between an officer and a
potential participant. In this context, "social" means the
contact is not initiated by or through the commission of a crime
by the participant. An officer can interact with a person that
the officer knows is drug dependent, involved in low-level drug
sales, or involved in prostitution, without evidence of a
particular offense, and offer LEAD assistance.
It is sometimes stated that LEAD referrals are made at the time
of arrest. In an interaction that is not social, it appears that
the officer would detain, not formally arrest, a potential
participant. The person would then essentially have the option
to either accept referral for LEAD or submit to arrest and
prosecution. If the person refuses referral or does not qualify
for LEAD after screening, the arrest would formally occur and
the person would be booked and prosecuted.
The core of the LEAD program is case management. A LEAD officer
brings the participant to a social services case manager. The
case manager determines the best program for the participant.
Social workers involved in the program can maintain direct
contact with participants in the community or at appointments.
The core goals of LEAD are harm reduction and housing stability.
The participant can engage in treatment, but ongoing treatment
is not a condition of participation. As noted above, once the
participant is accepted into LEAD, there will be no prosecution
of the underlying offense.
A more detailed description of how LEAD was created and
implemented in Seattle can be found in the University of
Washington (UW) evaluations. The description in the UW
evaluations is particularly illuminating because it reflects the
full scope of what the study considered.
(http://leadkingcounty.org/lead-evaluation).
Proposed Law:
This bill requires the BSCC to approve three counties for the
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establishment of a Law Enforcement Assisted Diversion (LEAD)
pilot program. Specifically, this bill:
Requires interested counties to submit applications to
the BSCC, including information on the manner in which the
program will operate in that county, as required by the
BSCC.
Provides that LEAD pilot programs shall include both of
the following:
o 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:
§ 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.
§ 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.
§ Possession of a controlled substance
or other prohibited substance.
§ Being under the influence of a
controlled substance or other prohibited
substance.
§ Being under the influence of alcohol
and a controlled substance or other prohibited
substance.
o Authorization for designated peace officers to
take a person for whom the officer has probable cause
for arrest for prostitution pursuant to PC § 647(b),
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
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employment training and education.
Includes legislative findings and declarations stating
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.
Related
Legislation: SB 1322 (Mitchell) 2016 would decriminalize the
misdemeanor offenses of loitering with the intent to commit
prostitution and soliciting or engaging in prostitution if the
offense was committed by a minor. This bill is scheduled to be
heard today by this Committee.
Recommended
Amendments: The author may wish to consider the inclusion of a
sunset date for the three county pilot program. Additionally,
the author may wish to consider making pilot county
participation contingent upon specified program reporting
requirements, and include a report to the Legislature on the
outcomes experienced by each of the pilot counties.
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