BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1110 (Hancock) - Law Enforcement Assisted Diversion ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 17, 2016 |Policy Vote: PUB. S. 6 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 9, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1110 (Hancock) PageA of? 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 --------------------------- <1> Senate Committee on Public Safety analysis of SB 1110 (April 19, 2016) SB 1110 (Hancock) PageB of? 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 SB 1110 (Hancock) PageC of? 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 SB 1110 (Hancock) PageD of? 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. -- END --