Bill Text

Bill Information


Add To My Favorites | print page

AB-170 Sentencing: drug or alcohol program.(1991-1992)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB170:v96#DOCUMENT

Assembly Bill No. 170
CHAPTER 552

An act to add Section 1203.096 to the Penal Code, relating to sentencing.

[ Filed with Secretary of State  October 07, 1991. Approved by Governor  October 05, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 170, Bentley. Sentencing: drug or alcohol program.
Under existing law, upon being convicted of an offense, the court may require the defendant to be sentenced to jail or prison, pay a fine, impose certain other reasonable conditions, or all of these terms.
This bill would require a court, upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes specified findings, including, among others, a determination that the defendant at the time of the offense was under the influence of an alcoholic beverage or under the influence of any controlled substance, to recommend that the defendant participate in a counseling or education program that has a substance abuse component while imprisoned.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1203.096 is added to the Penal Code, to read:

1203.096.
 (a)  Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.
(b)  The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:
(1)  That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.
(2)  That the defendant at the time of the commission of the offense was under the influence of any controlled substance.
(3)  That the defendant has a demonstrated history of substance abuse.
(4)  That the offense or offenses for which the defendant was convicted are drug related.