BILL ANALYSIS �
AB 2515
Page 1
Date of Hearing: April 29, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2515 (Donnelly) - As Amended: March 28, 2014
SUMMARY : Deletes the requirement that a person convicted of
using or being under the influence of specified controlled
substances serve at least 90 days in a county jail, and deletes
the requirement, that as a condition of probation for commission
of the above offense, the person serve at least 90 days in a
county jail.
EXISTING LAW :
1)Provides that no person shall use, or be under the influence
of specified controlled substances contained in Schedule I, or
II of the Uniform Controlled Substance Act, or a narcotic drug
classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It
shall be the burden of the defense to show that it comes
within the exception. Any person convicted of violating these
provisions is guilty of a misdemeanor and shall be sentenced
to a term of not less than 90 days or more than one year in a
county jail. The court may place a person convicted under
these provisions on probation for a period not to exceed five
years and, except as specified, shall in all cases in which
probation is granted require, as a condition thereof, that the
person be confined in a county jail for at least 90 days,
Other than as specified, in no event shall the court have the
power to absolve a person who violates these provisions from
the obligation of spending at least 90 days in confinement in
a county jail. (Health & Saf. Code, � 11550 subd. (a).)
2)States that any person that is convicted of using or being
under the influence of a specified controlled substance when
the offense occurred within seven years of the person being
convicted of two or more separate violations of that
provision, and refuses to complete a licensed drug
rehabilitation program offered by the court, as specified,
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shall be punished by imprisonment in a county jail for not
less than 180 days nor more than one year. In no event does
the court have the power to absolve a person who violates
these provisions from the obligation of spending at least180
days in confinement in a county jail unless there are no
licensed drug rehabilitation programs reasonably available.
For the purpose of these provisions, a drug rehabilitation
program shall not be considered reasonably available unless
the is required to pay no more than the court determines that
he or she is reasonably able to pay, in order to participate
in the program. (Health & Saf. Code, � 11550 subd. (b).)
3)Provides that the court may, when it would be in the interest
of justice, permit any person convicted of using or being
under the influence of a specified controlled substance to
complete a licensed drug rehabilitation program in lieu of
part or all of the imprisonment in the county jail. As a
condition of sentencing, the court may require the offender to
pay all or a portion of the drug rehabilitation program.
(Health & Saf. Code, � 11550 subd. (c).)
4)States that any person convicted of the sale of cocaine,
heroin, or PCP who is eligible for probation, and is granted
probation shall, as a condition thereof, be confined in a
county jail for at least 180 days. The imposition of the
minimum 180 day sentence shall be imposed in every case where
probation has been granted, except that the court may, in an
unusual case where the interest of justice would best be
served, absolve a person from spending the 180 day sentence in
the county jail if the court specifies on the record and
enters into the minutes, the circumstances indicating that the
interests of justice would best be served by that disposition.
(Pen. Code � 1203.076.)
5)States that any person who transports, sells, furnishes, or
gives away specified controlled substances, including
methamphetamine, shall be punished by imprisonment in a
county jail for two, three, or four years. (Health & Saf.
Code � 11379 subd. (a).)
6)Provides that a person who possesses for sale specified
controlled substances, including methamphetamine, shall be
punished by imprisonment in a county jail for 16 months, 2 or
3 years. (Health and Saf. Code � 11378.)
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7)Provides that the possession of specified controlled
substances, including methamphetamine, shall be punished by
imprisonment in a county jail for a term not to exceed one
year, or by imprisonment in a county jail for 16months, 2 or 3
years. (Health and Saf. Code � 11377 subd. (a).)
8)Provides that any person who transports, sells, furnishes, or
gives away specified controlled substances, including heroin
or cocaine shall be punished by imprisonment in a county jail
for three, four, or five years. (Health and Saf. Code � 11352
subd. (a).)
9)Provides that a person who possesses for sale specified
controlled substances, including heroin and cocaine, shall be
punished by imprisonment in a county jail for two, three, or
four years. (Health and Saf. Code �11351.)
10)Provides that the possession of specified controlled
substances, including heroin or cocaine, shall be punished by
imprisonment in a county jail for 16months, 2 or 3 years.
(Health and Saf. Code 11350 subd. (a).)
11)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance. (Health & Saf. Code �� 11054 to
11058.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Minimum
sentencing requirements are an outdated approach to addressing
drug violations. Our jails are too overcrowded to accommodate
people who have committed nothing more than a crime against
themselves. More often than not, the county jails have to
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release or shift around higher level offenders because they do
not have a have the number of cells needed. AB 2515 will save
space in jail for those who really belong in there.
Furthermore, arbitrary sentencing requirements for a minor
offense are not necessary for a situation where people do no
harm to others. Instead of sending drug offenders to jail, we
should look into addressing their issue as a medical concern."
2)Comments : This bill eliminates the minimum mandatory 90 day
jail sentence for defendants convicted of using or being under
the influence of a controlled substance. Requiring a
mandatory jail sentence, regardless of the facts and
circumstances of the case, the defendant's background, and
perhaps, even lack of a prior record severely limits judicial
discretion. Also, many county jails are overcrowded, and many
county jails are subject to court ordered population caps, and
it doesn't make sense to require that, in every instance, a
defendant serve a set period of time in the county jail when a
court may not feel that a 90 day jail sentence is warranted.
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice
California Public Defenders Association
American Civil Liberties Union
Legal Services for Prisoners with Children
Californians for Safety and Justice
Friends Committee on Legislation of California
Opposition
California State Sheriffs' Association
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744