BILL ANALYSIS
AB 1306
Page 1
Date of Hearing: May 14, 2003
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
AB 1306 (Leno) - As Introduced: February 21, 2003
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill:
1)Provides that whenever any person is granted Proposition 36
probation, jurisdiction over the case may be transferred at
the discretion of the sentencing court to the court in the
county where the probationer lives.
2)Provides the court in the receiving county an opportunity to
determine in a hearing whether the person resides in the
county. Only if the receiving court finds that the person does
not reside in that county or is not likely to stay in the
county for the term of probation, may the court in the
receiving county refuse to accept the transfer.
3)Requires reimbursement to the receiving county for reasonable
costs for processing the transfer.
4)Gives the receiving court jurisdiction over the case
including, but not limited to, probation supervision and
treatment.
FISCAL EFFECT
Negligible state-reimbursable costs to local governments as the
treatment and probation supervision of Proposition 36 defendants
already occurs in the defendant's residence county; the Prop 36
funding follows the treatment and residence. This bill changes
only the court's ability to transfer legal jurisdiction of the
case.
AB 1306
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COMMENTS
1)Rationale . According to the author and the sponsor, the
Judicial Council, some courts are reporting that they are
unable to ensure effective supervision of defendants on
probation under Proposition 36, the Substance Abuse and Crime
Prevention Act of 2000. The problem occurs when jurisdiction
remains in one county, while probation supervision and
treatment occur in another. This bill remedies this situation
by ensuring the sentencing court has authority to transfer
jurisdiction to the county of residence.
2)Background . When a court seeks to transfer jurisdiction of a
Prop 36 case to the county in which a defendant resides,
current law allows the receiving county, upon a finding that
the defendant permanently resides in that county, to choose
between two options. The receiving county may accept full
jurisdiction over the case or accept the case only for
probation-supervision purposes on a courtesy basis. This
statutory scheme is deficient in two respects. First, in at
least a few counties, the statute is interpreted to permit the
receiving court to reject the case. This makes it difficult
for the judge in the county of conviction to provide
meaningful supervision as contemplated by Prop 36. Second,
even when cases are accepted, many are accepted for "courtesy
supervision" only and the court in the accepting county does
not assume jurisdiction of the case.
This bill authorizes the sentencing judge to require, rather
than permit, the acceptance of a transfer of jurisdiction in a
Proposition 36 case, thereby ensuring that judicial oversight
occurs in the county where treatment and probation services
are being provided.
The Department of Alcohol and Drug Programs (DADP), which is
responsible for implementing Prop 36, has issued policy
guidelines encouraging substance abuse treatment be provided
in the county in which the defendant resides. Prop 36 funding
allocations are made directly to each county by DADP and are
based on treatment population and other factors. To enhance
the likelihood of treatment success, the trial judge should be
in a position to modify conditions of probation that relate to
treatment. The judge in the county in which treatment takes
place is better positioned to develop a suitable treatment
plan because he or she is familiar with local treatment
AB 1306
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options.
3)Prop 36 . Effective July 1, 2001, except as specified, a person
convicted of a non-violent drug possession offense must
receive probation with completion of a drug treatment program
as a condition of probation. (Penal Code Section 1210, 1210.1,
added by Proposition 36, approved November 7, 2000.)
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081