BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1506|
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THIRD READING
Bill No: SB 1506
Author: Leno (D)
Amended: 5/22/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 4/17/12
AYES: Hancock, Calderon, Liu, Steinberg
NOES: Anderson, Harman
NO VOTE RECORDED: Price
SUBJECT : Simple drug possession as a misdemeanor
SOURCE : American Civil Liberties Union
California Attorneys for Criminal Justice
California State Conference of the NAACP
Drug Policy Alliance
Ella Baker Center for Human Rights
William C. Velasquez Institute
DIGEST : This bill provides that simple possession of a
controlled substance shall be a misdemeanor.
Senate Floor Amendments of 5/22/12 provide for an increased
drug program fee, which shall be reduced if the defendant
agrees to accept probation, and provide that where a
sentenced misdemeanor drug possession defendant is subject
to release from jail for overcrowding, the defendant can be
placed on alternative custody. If the defendant violates
the terms of alternative custody, including by a positive
drugs test, he/she is subject to graduated flash
CONTINUED
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incarceration sanctions, as are imposed in drug court
programs to induce compliance with sentence conditions.
ANALYSIS : Existing law classifies controlled substances
in five schedules, generally according to their danger and
potential for abuse. (Health and Safety Code (HSC)
Sections 11054-11058)
Existing law provides penalties for sale, possession for
sale or distribution, sale or distribution, and
manufacturing of controlled substances. (HSC Sections
11350-11401)
Existing law, with numerous exceptions, includes the
following penalties for drug offenses:
1. Heroin, cocaine and other specified drugs (section
references are to the HSC):
11350 possession - felony - prison term of 16
months, two years
or three years;
11351 possession for sale or distribution - felony
- prison for
two, three or four years;
11351.5possession of cocaine base (crack) for sale
- felony -
prison for three, four, five years; and
11352 sale or distribution - felony - three, six
or nine years.
2. Methamphetamine and other specified drugs:
11377 possession - alternate felony-misdemeanor;
11378 possession for sale or distribution -
felony; and
11379 sale or distribution - felony - two, three
or four years.
3. Marijuana:
11357 possession of under an ounce is an
infraction;
11357 possession of hashish - alternate
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felony-misdemeanor;
11358 cultivation or processing - felony;
11359 possession for sale - felony; and
11360 sale or distribution - felony - two, three
or four years.
Existing law provides that being under the influence of a
specified controlled substance is a misdemeanor. (HSC
Section 11550)
Existing law, Proposition 36 (November 2000 election), the
Substance Abuse Treatment and Crime Prevention Act of 2000
(SACPA), requires non-violent drug possession offenders to
be offered drug treatment on probation, which shall not
include incarceration as a condition of probation. (Penal
Code (PEN) Sections 1210.1 and 3063.1)
Existing law provides that non-violent drug possession
offenses include:
1. Unlawful use, possession for personal use, or
transportation for personal use of a controlled
substance.
2. Being under the influence of a controlled substance.
(HSC Section 11550)
3. SACPA eligibility is not affected by the classification
of the underlying drug possession offense as a felony or
misdemeanor. The controlling factor is that the drug is
a controlled substance. (PEN Section 1210)
Existing law requires persons who have been convicted of
one of a list of numerous drug and drug-related crimes,
including possession, possession for sale and sale of
various controlled substances to register with the local
police chief or sheriff, as specified. The registration
requirement does not apply to a person convicted of
misdemeanor possession of methamphetamine (or a specified
drug such as psilocybin mushrooms). (HSC Section 11590)
This bill provides that simple possession of a controlled
substance is a misdemeanor.
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This bill provides that a person convicted of a misdemeanor
pursuant to this section shall be subject to PEN Section
1210.6, and shall be subject to the following:
(A) Except as provided in subparagraph (B), the drug
program fee required by Section 11372.7 shall be
imposed as follows:
(i) For a first offense, the defendant shall
pay a drug program fee in an amount not to
exceed $500.
(ii) For a second or subsequent offense, the
defendant shall pay a drug program fee in an
amount not to exceed $1,500.
(B) If the defendant is granted probation and
accepts the terms of probation, the drug program fee
required by Section 11372.7 shall be imposed as
follows:
(i) For a first offense, the defendant shall
pay a drug program fee in an amount not to
exceed $250.
(ii) For a second or subsequent offense, the
defendant shall pay a drug program fee in an
amount not to exceed $500.
In imposing the drug program fee, the court shall make
a determination of the defendant's ability to pay the
fee pursuant to subdivision (b) of Section 11372.7.
In making a determination of the ability of the
defendant to pay all or a portion of the reasonable
cost of any probation supervision pursuant to Section
1203.1b of the Penal Code, the probation officer, or
his/her authorized representative, shall take into
account the amount of the drug program fee that the
defendant is ordered to pay pursuant to this
subdivision.
This bill makes the registration provisions in HSC Section
11590 consistent by providing in each relevant provision
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that a person convicted of the misdemeanor of possession of
methamphetamine (or other specified drugs) is not required
to register with law enforcement.
This bill provides that if a defendant who has been offered
probation pursuant to PEN Section 1201.1, or pursuant to
any other law providing probation for a nonviolent drug
possession offense, rejects probation, and the court
imposes a sentence to be served in a county jail, the
correctional administrator of the jail may, if a
determination is made by the correctional administrator
that conditions in the jail facility necessitate releasing
sentenced misdemeanor inmates prior to their serving their
sentence due to lack of jail space, require the defendant
to serve the balance of his/her sentence on continuous
electronic monitoring pursuant to Chapter 1.4 (commencing
with Section 1210.7). The correctional administrator may
condition release on any reasonable conditions related to
the underlying offense, including, but not limited to, drug
testing, and may subject the released inmate to the
following sanctions for a violation of the conditions of
release:
(1)For a first violation, the defendant may be incarcerated
immediately for a period not exceeding 48 hours, without
the need of a warrant of arrest or a court hearing.
(2)For a second violation, the defendant may be
incarcerated immediately for a period not exceeding 72
hours, without the need for a warrant of arrest or a
court hearing.
(3)For a third or subsequent violation, the defendant may
be incarcerated for a period not exceeding 120 hours.
This bill provides that the total number of days a person
spends in incarceration and on alternative custody,
including incarceration prior to placement on alternative
custody, incarceration pursuant to paragraphs (1) to (3),
inclusive, of subdivision (a), and time spent on
alternative custody, shall not exceed the total number of
days provided in the court's original sentence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
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Local: No
SUPPORT : (Verified 5/22/12)
American Civil Liberties Union (co-source)
California Attorneys for Criminal Justice (co-source)
California State Conference of the NAACP (co-source)
Drug Policy Alliance (co-source)
Ella Baker Center for Human Rights (co-source)
William C. Velasquez Institute (co-source)
A New Way of Life Reentry Project
Alternatives to Incarceration of Fresno
Amity Foundation
Asian Law Caucus
A.W.A.R.E (Always working toward Advancing Recovery
Environments)
Beacon House Association of San Pedro
Bi-Valley Medical Clinic, Inc.
Blacks in Law Enforcement of America
Broken No More
Bristo Anesthesia Service
California Association of Alcohol and Drug Program
Executives
California Church Impact
California Coalition for Women Prisoners
California Drug Counseling, Inc.
California Hepatitis Alliance
California Immigrant Policy Center
California Latina for Reproductive Justice
California LULAC (League of United Latin American Citizens)
California Opioid Maintenance Providers
California Public Defenders Association
California Society of Addiction Medicine
Californians United for a Responsible Budget
Canoga Park/West Hills Work Source Center
Center for Health Justice
Center for Living and Learning
Center on Juvenile and Criminal Justice
Centerpoint Inc.
Church in Ocean Park
Communities in Schools
Community Coalition
Counseling Partners
Cri-Help, Inc.
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Dolores Huerta Foundation
Dolores Street Community Services
East Bay Community Law Center
Essence of Light
Facts Education Fund
Footlights Publishing, Inc.
Forward Together
Friends Committee on Legislation of California
Further the Work, LLC
Healthcare Services, Inc.
Homeless Health Care Los Angeles
Homies Unidos
Justice Now
La Raza Roundtable de California
Law Enforcement Against Prohibition
Lawyers' Committee for Civil Rights
Leadership through Empowerment, Action, and Dialogue Inc.
Legal Services for Children
Legal Services for Prisoners with Children
Lincoln Memorial Congregational United Church of Christ
Los Angeles Community Action Network
Los Angeles Regional Reentry Partnership
Merced Prison Reform Advocates
National Association for Working Women
National Association of Social Workers, California Chapter
Women's Council
National Council on Alcohol and Drug Dependence of the San
Fernando Valley
National Employment Law Project
National Gay and Lesbian Task Force
Parents for Addiction Treatment and Healing
Peace Over Violence
People in Progress, Inc.
PICO California
PICO National Network
Primary Purpose Substance Free Living
Progress House
Progressive Christians Uniting
Project Inform
Rubicon Programs
RYSE Youth Center
San Fernando Recovery Center
San Fernando Valley Veterans Employment Committee
San Francisco District Attorney George Gascon
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San Francisco Reentry Council
SLO Bangers Syringe Exchange
Southern California Alcohol & Drug Programs, Inc.
Students for Sensible Drug Policy, 20 independent chapters
Tarzana Treatment Centers
TGI Justice Project
The Effort, Inc.
The Greenlining Institute
The Salvation Army Hope Harbor
The Sentencing Project
Time for Change Foundation
Trans-Latina Coalition
United African American Ministerial Council
Ventana Health and Medical Center (Pismo Beach)
VIP Mentors
Walden House
West Coast Drug and Alcohol Education Program
Youth Justice Coalition
OPPOSITION : (Verified 5/14/12)
Association for Los Angeles Deputy Sheriffs
Association of Orange County Deputy Sheriffs
California District Attorneys Association
California Fraternal Order of Police
California Narcotics Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
International Faith Based Coalition
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Riverside Sheriffs Association
Sacramento Deputy Sheriffs Association
Santa Ana Police Officers Association
ARGUMENTS IN SUPPORT : According to the author:
California annually spends hundreds of millions of
taxpayer dollars to incarcerate drug possession
defendants - an irresponsible use of scarce resources
that exacerbates jail overcrowding. For decades,
commissions and bipartisan panels have recommended
against lengthy incarceration for these low-level
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offenders so as to conserve resources and more
effectively secure public safety. Under the Public
Safety Realignment Act, which keeps most simple drug
possession defendants at the county level, the need to
prioritize public safety resources and maximize local
flexibility is urgently needed.
SB 1506 will provide for up to one year of incarceration
in county jail, and a period of probation not to exceed
five years (in practice, three years of probation is
common). Participation in drug treatment and/or other
programs may be ordered as a condition of probation.
Statutory eligibility for drug courts, Prop 36, and other
diversion programs will not be affected. SB 1506 will
provide counties flexibility to fund these programs,
after years of devastating cuts.
ARGUMENTS IN OPPOSITION : The California District
Attorneys Association argues:
Undoubtedly, drugs such as heroin, cocaine, and
methamphetamine are highly addictive. Most would concede
that drug addictions destroy lives and families, and are
damaging to society. Minimizing the consequences of
addictive and destructive behavior does not make it less
addictive or destructive.
Reducing the penalty for possession of these dangerous
controlled substances to a misdemeanor will remove much
of the incentive to address addiction through
participation in such programs as deferred entry of
judgment, Proposition 36 treatment, or residential
treatment. Helpful enforcement of such "drug terms" of
probation such as search clauses and chemical testing as
a condition of probation will suffer.
Finally, this bill will undoubtedly result in more
offenders being sentenced to county jail. Counties are
already dealing with the overwhelming impacts of last
year's criminal justice realignment and this bill will
exacerbate the overcrowding problems that plague our
county jails."
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RJG:mw 5/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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