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  


          ---------------------------
          <1> Senate Committee on Public Safety analysis of SB 1110 (April  
          19, 2016)








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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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