BILL ANALYSIS �
AB 2515
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ASSEMBLY THIRD READING
AB 2515 (Donnelly)
As Amended March 28, 2014
Majority vote
PUBLIC SAFETY 5-0
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|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone |
|-----+--------------------------|
| | |
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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 Substances 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.
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
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complete a licensed drug rehabilitation program offered by the
court, as specified, 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 least
180 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 person 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.
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.
4)States that any person convicted of the sale of cocaine, heroin,
or phencyclidine (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.
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.
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, two or three years.
7)Provides that the possession of specified controlled substances,
including methamphetamine, shall be punished by imprisonment in a
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county jail for a term not to exceed one year, or by imprisonment
in a county jail for 16 months, two or three years.
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.
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.
10)Provides that the possession of specified controlled substances,
including heroin or cocaine, shall be punished by imprisonment in
a county jail for 16 months, two or three years.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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 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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0003236
AB 2515
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