BILL NUMBER: SB 994 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Bowen
FEBRUARY 26, 1999
An act to amend Section 1203.10 of the Penal Code, and to amend
Section 3201 of the Welfare and Institutions Code, relating to
narcotic addicts.
LEGISLATIVE COUNSEL'S DIGEST
SB 994, as introduced, Bowen. Narcotic addicts.
(1) Existing law requires the probation officer of the county of
the jurisdiction of an adult defendant, at the time of the plea or
verdict of guilty, and when so directed by the court, to inquire into
the antecedents, character, history, family environment, and offense
of the defendant, and to report the same to the court and file his
or her report in writing in the records of the court. When directed
by the court, the report is required to contain the probation officer'
s recommendation for or against the release of the defendant on
probation.
This bill would require the probation officer to inquire into the
defendant's eligibility for commitment as a narcotic addict, and to
include his or her findings in the report filed with the court. By
increasing the duties of probation officers, this bill would impose a
state-mandated local program.
(2) Existing law provides for the involuntary civil commitment of
narcotic addicts to institutions for treatment.
This bill would require the Department of Corrections to contract
for an evaluation of this program by an independent criminal justice
policy expert to determine its effectiveness in reducing narcotics
addiction and recidivism among offenders.
(3) Under the program described in (2) above, any person committed
to the Director of Corrections for confinement in the narcotic
detention, treatment, and rehabilitation facility, whose execution of
sentence was suspended pending an involuntary commitment for a
criminal conviction in superior court, and who has spent a period of
time in confinement or in custody, excluding any time spent on
outpatient status, equal to that which he or she would have otherwise
spent in state prison had sentence been executed, including
application of good behavior and participation credit provisions,
shall, upon reaching that accumulation of time, be released on parole
under the jurisdiction of the Narcotic Addict Evaluation Authority.
Existing law also provides that these good behavior and
participation credit provisions, which authorize the Department of
Corrections to reduce the term prescribed by 1/3 for good behavior
and participation, shall not apply to any person whose crime was
committed on or after January 1, 1983.
This bill would provide that any person described above who is
committed to the Director of Corrections for confinement in the
narcotic detention, treatment, and rehabilitation facility on or
after January 1, 2000, shall be eligible for a 1/3 reduction in the
period spent in custody or confinement, excluding time spent on
outpatient status, for good behavior and participation.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.10 of the Penal Code is amended to read:
1203.10. (a) At the time of the plea or verdict of
guilty of any person over 18 years of age, the probation officer of
the county of the jurisdiction of said criminal
the defendant shall, when so directed by the court,
inquire into the antecedents, character, history, family environment,
and offense of such person, and must the
defendant, including his or her eligibility for commitment as a
narcotic addict pursuant to Article 2 (commencing with Section 3050)
of Chapter 1 of Division 3 of the Welfare and Institutions Code. The
probation officer shall report the same to the court and file
his or her report in writing in the records of
such the court. When directed, his
the report shall contain his
the probation officer's recommendation for or against the
release for such person of the defendant
on probation. If any such person shall be
the defendant is released on probation and committed to the
care of the probation officer, such the
officer shall keep a complete and accurate record in
suitable books or other form in writing of all
of the following:
(1) The history of the case in court , and of the
.
(2) The name of the probation officer ,
and his or her act in connection with said
the case ; also the .
(3) The age, sex, nativity, residence, education, habit of
temperance, whether married or single, and the
marital status, conduct, employment and
, occupation, and parents' occupation,
and condition of such the person
committed to his or her care during the term of
such probation and the .
(4) The result of such probation.
Such
(b) The record of such the
probation officer shall be and constitute a part of the records of
the court, and shall at all times be open to the inspection of the
court or of any person appointed by the court for that purpose, as
well as of all magistrates, and the chief of police, or other heads
of the police, unless otherwise ordered by the court. Said
books of The records shall be furnished for the
use of said the probation officer of
said the county, and shall be paid for
out of the county treasury.
(c) Five years after termination of probation in any
case subject to this section, the probation officer may destroy any
records and papers in his or her possession relating to
such the case.
SEC. 2. Section 3201 of the Welfare and Institutions Code is
amended to read:
3201. (a) Except as otherwise provided in subdivisions (b) and
(c) of this section, if a person committed pursuant to this chapter
has not been discharged from the program prior to the
expiration of 16 months, the Director of Corrections shall, on the
expiration of such that period, return
him or her the person to the court from
which he or she was committed, which and the
court shall discharge him or her the
person from the program and order him or her returned to the
court in which criminal proceedings were adjourned, or the imposition
of sentence suspended, prior to his or her commitment or
certification to the superior court.
(b) Any other provision of this chapter notwithstanding, in any
case in which a person was committed pursuant to Article 3
(commencing with Section 3100), such the
person shall be discharged no later than 12 months after his or
her commitment.
(c) (1) Notwithstanding subdivision (d) of Section 2931 of
the Penal Code, any person described in paragraph (2), who is
committed pursuant to Article 2 (commencing with Section 3050) on or
after January 1, 2000, shall be eligible for a one-third reduction in
the period spent in custody or confinement, excluding time spent on
outpatient status, for good behavior and participation. Good
behavior and participation credit is a privilege, not a right. Good
behavior and participation credit shall be earned and may be
forfeited pursuant to Article 2.5 (commencing with Section 2930) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
(2) Any person committed pursuant to Article 2 (commencing
with Section 3050), whose execution of sentence in accordance with
the provisions of Section 1170 of the Penal Code was suspended
pending a commitment pursuant to Section 3051, who has spent,
pursuant to this chapter, a period of time in confinement or in
custody, excluding any time spent on outpatient status, equal to that
which he or she would have otherwise spent in state prison had
sentence been executed, including application of good behavior and
participation credit provisions of Article 2.5 (commencing
with Section 2930) of Chapter 7 of Title 1 of Part 3 of the Penal
Code earned pursuant to paragraph (1) , shall,
upon reaching such that accumulation of
time, be released on parole under the jurisdiction of the Narcotic
Addict Evaluation Authority subject to all of the conditions imposed
by the authority and subject to the provisions of Article 1
(commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of
the Penal Code. A person on parole who violates the rules,
regulations or conditions imposed by the authority shall be subject
to being retaken and returned to the California Rehabilitation Center
as prescribed in such rules, regulations, or conditions and in
accordance with the provisions of Sections 3151 and 3152. At the
termination of this period of parole supervision or of custody in the
California Rehabilitation Center, the person shall be returned by
the Director of Corrections to the court from which such person was
committed, which court shall discharge him or her from the program
and order him or her returned to the court which suspended execution
of such person's sentence to state prison. Such court,
notwithstanding any other provision of law, shall suspend or
terminate further proceedings in the interest of justice, modify the
sentence in the same manner as if the commitment had been recalled
pursuant to subdivision (d) of Section 1170 of the Penal Code, or
order execution of the suspended sentence. Upon the ordering of the
execution of such sentence, the term imposed shall be deemed to have
been served in full.
(3) Except as otherwise provided in the
preceding paragraph (2) , or as otherwise
provided in Section 3200, the period of commitment, including
outpatient status, for persons committed pursuant to Section 3051,
which when that commitment is
subsequent to a criminal conviction for which execution of sentence
to state prison is suspended, shall equal the term imposed under
Section 1170 of the Penal Code, notwithstanding the good
time and participation credit provisions of paragraph (1) or
Article 2.5 (commencing with Section 2930) of Chapter 7 of
Title 1 of Part 3 of such code the Penal Code
. Upon reaching such that
period of time, such the person shall
be released on parole under the jurisdiction of the Narcotic Addict
Evaluation Authority subject to all of the conditions imposed by the
authority and subject to the provisions of Article 1 (commencing with
Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code.
A
(4) A person on parole pursuant to paragraph (2) or (3)
who violates the rules, regulations, or conditions imposed by
the authority shall be subject to being retaken and returned to the
California Rehabilitation Center as prescribed in such
those rules, regulations, or conditions and in
accordance with the provisions of Sections 3151 and 3152. At the
termination of this period of parole supervision , or of
custody in the California Rehabilitation Center , the
person shall be returned by the Director of Corrections to the court
from which he or she was committed, which and
the court shall discharge such the
person from the program and order him or her returned to the
court which that suspended execution of
the person's sentence to state prison. Such
The court, notwithstanding any other provision of law, shall
suspend or terminate further proceedings in the interest of justice,
modify the sentence in the same manner as if the commitment had been
recalled pursuant to subdivision (d) of Section 1170 of the Penal
Code, or order execution of the suspended sentence. Upon
ordering the ordering execution
of the execution of such sentence, the term
imposed shall be deemed to have been served in full.
(d) Nothing in this section shall preclude a person who
has been discharged from the program from being recommitted under
the program, irrespective of the periods of time of any previous
commitments.
(e) The Department of Corrections shall contract for an evaluation
of the program provided for in this chapter by an independent
criminal justice policy expert to determine its effectiveness in
reducing narcotics addiction and recidivism among offenders.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.