BILL NUMBER: AB 1255	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN SENATE   APRIL 5, 2000
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Wright
    (Principal coauthor:  Senator Solis) 

                        FEBRUARY 26, 1999

    An act to add and repeal Chapter 3 (commencing with
Section 13720) of Title 5 of Part 4 of the Penal Code, relating to
sentencing.   An act to amend and repeal Section 11251.3
of the Welfare and Institutions Code, relating to social services.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1255, as amended, R. Wright.   Sentencing:  intensive
probation supervision program   CalWORKs:  drug offenses
 . 
   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families.
   This bill would authorize a county to provide various services to
promote self-sufficiency under the CalWORKs program to those
individuals who are ineligible to receive aid payments under the
program due to having been convicted of any offense classified as a
felony and that has as an element the possession, use, or
distribution of a controlled substance, as defined.  
   Existing law provides as a sentencing option for convicted felons,
that the felon be placed on probation with court-ordered conditions
of probation, if eligible, or sentenced to a term of imprisonment in
the state prison.
   This bill would set forth legislative findings and declarations of
intent in regard to domestic violence and the need to reduce repeat
domestic violence offenses the terms of probation, as specified.
   This bill would provide for the awarding of grants for the
establishment of intensive supervision programs, as specified, for
which a county is required to establish a strategy committee or
utilize its domestic violence council to be eligible for a grant.
   The bill would express the intent of the Legislature to
appropriate $50,000,000 in the Budget Act of 2000 for purposes of the
programs expanded or established under the provisions of this bill.

   This bill would also require each participating county to provide
specified data to the Board of Corrections and, commencing on June 2,
2002, would require the board to submit a report to the Legislature
based on specified data.
   The bill would provide that the above provisions shall remain in
effect until January 1, 2006, and as of that date are repealed.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  This act shall be known and may be cited  

  SECTION 1.  Section 11251.3 of the Welfare and Institutions Code,
as added by Chapter 283 of the Statutes of 1997, is repealed. 

   11251.3.  (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
   (b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.   
  SEC. 2.  Section 11251.3 of the Welfare and Institutions Code, as
added by Chapter 284 of the Statutes of 1997, is amended to read:

   11251.3.  (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
   (b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.  
   (c) A county may provide services that will assist individuals to
obtain or retain unsubsidized employment pursuant to Sections
11325.7, 11325.8, and 15204.2 if those individuals would otherwise be
eligible for aid under this chapter but have been convicted in state
or federal court after December 31, 1997, including any plea of
guilty or nolo contendere, of any offense classified as a felony and
that has as an element the possession or use of a controlled
substance, defined in Section 102(6) of the Controlled Substances Act
(21 U.S.C. Sec. 802(6)).
   (d) To be eligible for services pursuant to subdivision (c), the
individual shall satisfy all of the following conditions:
   (1) The individual shall have custody of dependent children under
the age of 18 years, and shall be living with them.
   (2) The individual shall either have a job or be determined by the
county as being employable if supportive services are provided.
   (3) The individual shall not be using a controlled substance at
the time of application.
   (4) At least five years have elapsed since the individual
fulfilled the condition imposed by the court in the disposition of
the criminal case, including conditions related to incarceration,
parole, and probation.
   (5) The individual, while incarcerated or subsequent to
incarceration, shall have successfully completed a state-licensed,
certified, or county-run drug treatment program, or shall be
currently participating in a state-licensed, certified, or county-run
drug treatment program, or shall be participating in a
court-mandated drug treatment or diversion program, or the person
shall be willing to enroll and subsequently provide verification of
enrollment in a state-licensed, certified, or county-run drug
treatment program.
   (e) Services pursuant to subdivision (c) shall be provided for no
more than 18 months.
   (f) All participants who receive services pursuant to this section
shall submit to and pass monthly medical drug screening tests, as
specified in regulations adopted by the department, that demonstrate
the person is not using a controlled substance as defined in
subdivision (c), other than as authorized by law.   
  SEC. 3.  (a) The Director of Social Services shall adopt
regulations, as necessary, to implement the provisions of this act
regarding the drug screening procedure, interpretation of drug
screening results, standards for reliability and accuracy of tests,
and other necessary matters, as contained in Sections 11251.3,
11251.4, and 18901.3 of the Welfare and Institutions Code.
   (b) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), through December 31, 2001, the State
Department of Social Services may implement drug screening provisions
for convicted drug felons as described in this act through all
county letters or similar instructions from the director.
   (c) The department shall adopt regulations to implement this act
no later than January 1, 2002.  Emergency regulations to implement
the applicable provisions of this section may be adopted by the
director in accordance with the Administrative Procedure Act.  The
initial adoption of emergency regulations and one readoption of
emergency regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare.  Initial emergency regulations shall be
exempt from review by the Office of Administrative Law.  The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days. 
 as the Domestic Violence Offender Intensive Probation
Supervision Demonstration Program of 2000.
  SEC. 2.  The Legislature hereby finds and declares all of the
following:
   (a) Defendants convicted of offenses related to domestic violence
such as spousal or partner assault, battery, or other associated
crimes, are a growing threat to the safety and well-being of the
citizens of California.
   (b) Most domestic violence offenders are placed under county
probation department supervision and county probation departments
lack sufficient resources to closely supervise and provide treatment
programming to these offenders.
   (c) It is the intent of the Legislature that grants shall be
provided on a competitive basis to counties that develop and
implement comprehensive, cost-effective, intensive probation
supervision, and treatment demonstration programs for offenders
within the community to reduce the incidences of repeat domestic
violence offenses consistent with the terms of probation provided by
Section 1203.097.
  SEC. 3.  Chapter 3 (commencing with Section 13720) is added to
Title 5 of Part 4 of the Penal Code, to read:

      CHAPTER 3.  DOMESTIC VIOLENCE OFFENDER INTENSIVE PROBATION
SUPERVISION DEMONSTRATION PROGRAM OF 2000

   13720.  This chapter shall be known and may be cited as the
Domestic Violence Offender Intensive Probation Supervision
Demonstration Program of 2000.
   13721.  (a) The Board of Corrections shall administer and award
domestic violence offender intensive probation supervision
demonstration grants on a competitive basis to counties that expand
or establish intensive probation supervision and treatment programs
related to domestic violence offenders consistent with the terms of
probation provided by Section 1203.097.
   (b) To be eligible for a grant, each county shall establish a
strategy committee or utilize its domestic violence council that
includes, at a minimum, the chief probation officer, as chair, and to
the extent practicable one representative each from the prosecutor's
office, the public defender's office, the sheriff's department,
other local law enforcement agencies, the board of supervisors, the
judiciary, the department of social services, the department of
mental health, a community-based organization drug and alcohol
program, a local victim or witness agency, two domestic violence
advocates, and a victims' representative.
   (c) The committee shall develop a comprehensive written local
action plan to provide for the coordination of community services to
ensure intensive supervision and treatment programs for domestic
violence offenders.  The local action plan shall include, but not be
limited to, the following:
   (1) Identification of county needs to provide intensive probation
supervision and treatment programs for domestic violence offenders.
   (2) Identification of program goals and clear, measurable
performance objectives, including coordination of community
resources.
   (3) Identification of the target group.
   (4) Specific selection criteria and process (and exclusionary
criteria). The selection process shall include mental health or
psychopathology assessment and substance abuse assessment.
   (5) Identification of intensive probation supervision and
treatment methods that will be used to punish and hold offenders
accountable for their behavior, control risk and structure offender
activities to address public safety concerns, provide offenders an
opportunity to solve problems that contributed to criminality, and
develop skills to enable successful community adjustment.  These
supervision and treatment methods shall include, but are not limited
to:
   (A) At least weekly face-to-face contact between a probation
officer and the offender (with caseload ratios that do not exceed one
officer to 30 offenders) and permissible random searches of
offenders.
   (B) Regular chemical testing for use of alcohol or controlled
substances, or both, where the use of these has been prohibited as a
condition of program participation or by order of the court.
   (C) At least weekly contact between a probation officer and the
offenders employer, educational institution, treatment program or
counselor.
   (D) Victim assistance services including, but not limited to,
victim notification of the terms and conditions of probation and
offender program participation and to develop a victim safety plan to
outreach to victims in partnership with a local domestic violence
shelter.
   (E) Availability for offender referral to state-licensed inpatient
and outpatient treatment programs for alcohol and drug abuse when
appropriate.
   (F) Offender participation in programs that involve job training
or placement or education, or any combination thereof, for those who
are medically capable and are not employed full time or enrolled full
time in school or a vocational training program.
   (6) Expected length of the intensive probation supervision program
participation and discharge criteria and processes.
   (7) Sanctions that will be used for technical program violations
and new offenses, including mandatory return to court for any new
offense involving an act of violence, verifiable threats of harm,
weapons possession, or drug or alcohol use if prohibited by condition
of program participation or order of the court.
   (8) Identification of specific outcome and performance measures
and a plan for at least semi-annual reporting that will allow the
board to evaluate the effectiveness of the intensive supervision
program.
   (d) The board shall award grants for up to four years to counties
to develop local action plans and implement demonstration programs.
Funds shall be used to supplement, rather than supplant, funding for
existing planning and programs.  No grant shall be awarded unless the
applicant makes available resources in an amount equal to at least
25 percent of the amount of the grant.  In awarding grants, priority
shall be given to those proposals that include funding that exceeds
25 percent of the amount of the grant.  State funds regardless of
source shall not be used as local match for the purposes of this
grant.
   (e) The board shall establish minimum standards, funding
schedules, and procedures for awarding grants that shall take into
consideration, but not be limited to, the following:
   (1) Need and size of the eligible population.
   (2) Cost-effectiveness.
   (3) Demonstrated ability to administer the program, provide
victims services, and develop effective responses to provide
intensive supervision and treatment options.
   (4) Demonstrated history of maximizing federal, state, local, and
private funding sources.
   (f) The board shall establish requirements for the evaluation of
programs supported by this article and create an evaluation design to
assess the effectiveness of the demonstration program that include,
but are not limited to:
   (1) The rate of successful completion of probation and batterer's
or other treatment programs.
   (2) The rate and type of victim related services that are
provided.
   (3) Recidivism measures, including the rate of domestic violence
rearrests and convictions.
   Participating counties shall provide the board with specific
outcome and performance measures in a manner prescribed by the board.

   (g) Commencing on June 30, 2002, and annually thereafter, the
board shall submit a report to the Legislature based on the
evaluation design, with a final report due on or before December 30,
2005, that provides the results of the demonstration program and
identifies approaches worthy of replication or further dissemination.

   (h) This chapter shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 4.  It is the intent of the Legislature to appropriate fifty
million dollars ($50,000,000) for the purposes of this chapter in the
Budget Act of 2000.  Funding for the Domestic Violence Offender
Intensive Probation Supervision Demonstration Program of 2000 shall
be provided from the amount appropriated in Item 5430-101-0001 of the
Budget Act of 2000.  Up to 5 percent of the amount appropriated in
Item 5430-101-0001 of the Budget Act of 2000 shall be transferred
upon the approval of the Director of Finance, to Item 5430-001-0001
for expenditure as necessary for the Board of Corrections to
administer this program, including technical assistance to counties
and the development of an evaluation component.