BILL NUMBER: SB 994 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 1999
AMENDED IN SENATE APRIL 26, 1999
INTRODUCED BY Senator Bowen
(Coauthors: Assembly Members Migden, Kuehl, Longville,
Shelley, Steinberg, Thomson, Wesson, and Wright)
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 amended, Bowen. Narcotic addicts.
(1) Existing law requires the probation officer of the county
of the that has 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. The bill would require
that the evaluation be completed on or before January 1, 2003, and
submitted to the Legislature on or before that date.
(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 the defendant shall, when so directed by the
court, inquire into the antecedents, character, history, family
environment, and offense of 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 the court. When directed, the report shall contain the
probation officer's recommendation for or against the release of the
defendant on probation. If the defendant is released on probation
and committed to the care of the probation officer, the officer shall
keep a complete and accurate record in writing of all of the
following:
(1) The history of the case in court.
(2) The name of the probation officer and his or her act in
connection with the case.
(3) The age, sex, nativity, residence, education, habit of
temperance, marital status, conduct, employment, occupation, parents'
occupation, and condition of the person committed to his or her care
during the term of probation.
(4) The result of probation.
(b) The record of 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. The records shall be furnished for the use of the probation
officer of 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 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
that period, return the person to the court from which he or she was
committed, and the court shall discharge 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), 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
earned pursuant to paragraph (1), shall, upon reaching 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.
(3) Except as otherwise provided in paragraph (2), or as otherwise
provided in Section 3200, the period of commitment, including
outpatient status, for persons committed pursuant to Section 3051,
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 the Penal Code. Upon reaching that period of time, 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.
(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 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, and the court shall
discharge the person from the program and order him or her returned
to the court that suspended execution of the person's sentence to
state prison. 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 execution of the 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. The
evaluation shall be completed and submitted to the Legislature
on or before January 1, 2003, and submitted to the
Legislature on or before that date. 2003.
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.