BILL ANALYSIS
SB 994
Page 1
Date of Hearing: July 13,1999
Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
SB 994 (Bowen) - As Amended: April 26, 1999
SUMMARY : Requires a probation officer upon a plea or finding of
guilty to inquire into a defendant's eligibility for treatment
as a narcotics offender at the California Rehabilitation Center
(CRC) under the civil addict commitment program, and makes a
person committed for treatment eligible for a one-third
reduction in the period spent in confinement. Specifically,
this bill:
1)Requires a probation officer upon a plea or finding of guilty,
when so directed by the court, to inquire into a defendant's
eligibility for commitment to the CRC under the civil addict
program.
2)Provides that any person committed to the CRC 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 out-patient status, for good behavior and
participation.
3)Provides that the California Department of Correction (CDC)
shall contract for an evaluation of the civil addict program
by an independent criminal justice policy expert to determine
its effectiveness in reducing narcotics addiction and
recidivism among offenders.
EXISTING LAW :
1)Provides that upon conviction if it appears to the court that
a defendant may be addicted to narcotics or in imminent danger
of addiction, the court shall order the defendant evaluated
for commitment to the CRC unless the defendant has such a
pattern of criminality that he or she is not a fit and proper
subject for commitment. (Welfare and Institutions Code
Section 3050.)
SB 994
Page 2
2)Provides that a person convicted of specified serious crimes,
or whose sentence has been enhanced as the result of the use
of a deadly weapon or firearm, or the infliction of great
bodily injury, or if the sentence exceeds six years
imprisonment is ineligible for commitment to the Civil Addict
Program. (Welfare and Institutions Code Section 3052.)
3)Provides that after an initial period of observation and
treatment if a person committed has recovered from his or her
addiction or imminent danger of addiction, the Narcotic Addict
Evaluation Authority may release such person in an out-patient
status subject to specified rules, regulations, and
conditions, and that person is subject to being retaken and
returned to in-patient status. (Welfare and Institutions Code
Section 3151.)
4)Allows the Director of the CDC to reduce a sentence of a
person committed to the state prison by up to one-half for
performance in approved work, training, or education programs.
(Penal Code Section 2933(a).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement . According to the author, "The Civil
Addict Program administered by the CDC and operated at the CRC
in Norco, has shown improving success in rehabilitating inmate
but operates at far below capacity. A major reason for this
is that inmates in the program do not receive work-time
credits for participation.
"Drug-addicted felons can now serve substantially less time in
custody by refusing a civil addict commitment and serving
their time in the state prison, where they can earn at least a
one-third reduction in their sentence by taking part in
education and work programs. As of January 1997, only 2,600
of the 4,000 eligible beds were filled. A CDC estimate shows
that there are another 18,653 felons currently in the state
prison who may be eligible to participate in the program.
"This bill proposes to strengthen the Civil Addict Program by
restoring good time credits to civil addicts undergoing
treatment at the CRC, and requiring probation reports to
specifically state whether an offender is eligible for
SB 994
Page 3
commitment to the Civil Addict Program."
2)Background . The CDC operates a drug treatment program at the
CRC for non-violent offenders addicted to narcotics. An
offender identified as a narcotics addict by the court and who
meets a detailed set of criteria may be committed to the Civil
Addict Program for an unspecified period of time not to exceed
the suspended sentence set by the court. If the offender
fails or is expelled from the program, he or she is returned
to the court for execution of sentence. Under current law, a
person excluded from the program and later sentence to the
state prison does not receive work-time credits for the time
spent in custody at CRC.
In the 1994-95 Budget Act, the Legislature augmented the Civil
Addict Program by an additional $ 1 million. The approximate
civil addict budget is $52 million; as a result, the CDC has
been able to significantly improve the program by:
a) Expanding the educational components of the program;
b) Establishing group counseling sessions with inmates;
c) Improving training for teachers, counselors and custody
staff;
d) Reinforcing efforts to reduce drug trafficking within
the CRC; and,
e) Implementing a therapeutic community model for a
selected group of civil addicts, which has proven extremely
successful in rehabilitating long-term drug addicts.
Before the improvements were made, 63% of civil addict
parolees were sent back to state prison while on parole. The
average return to custody rate within the Civil Addict Program
in 1997 was 48.2%.
3)Participation Credits . In 1980, the Legislature granted
good-time credit to offenders committed to the state's Civil
Addict Program (CRC). The credit allowed for a one-third
reduction in the period spent in confinement for good behavior
and participation in the program.
However, in 1983 when the Legislature replaced the good-time
SB 994
Page 4
credit system with the current work-time credit laws,
lawmakers failed to specifically cite the Civil Addict Program
in the new provisions. As a result, the California Supreme
Court in People v. Jones (1995) 11 Cal. 4th 118 denied
work-time credits to civil addicts undergoing treatment at
CRC. Without these credits, addicts can serve substantially
less time by refusing commitment to CRC.
The Jones decision removed a major incentive for offenders to
commit to drug treatment. Addicts are now forced to choose
between shorter prison terms (with work credits) and CRC
(where inmates do not receive sentence credits) - making
incarceration and rehabilitation mutually exclusive.
California's prison system should be based on integrating
these two components.
4)Prior Legislation . AB 562 (Bowen), of the 1997-98 Legislative
Session, was identical to this bill. AB 562 failed passage on
Assembly concurrence.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Association of Jail Educators
California Attorneys for Criminal Justice
California Psychiatric Association
California Public Defenders Association
County Alcohol and Drug Program Administrators of California
Friends Committee on Legislation of California
Prison Law Office
San Bernardino County Sheriff's Department
Opposition
None on File
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744