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AB-697 Drug Court Success Incentives Pilot Program.(2023-2024)

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Date Published: 03/15/2023 09:00 PM
AB697:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 697

Introduced by Assembly Member Davies

February 13, 2023

An act to add and repeal Article 3 (commencing with Section 11980) of Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code, relating to drug courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 697, as amended, Davies. Drug Court Success Incentives Pilot Program.
Existing law consolidates within the State Department of Health Care Services all substance use disorder functions and programs from the former State Department of Alcohol and Drug Programs. Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse. Existing law authorizes each county to establish a drug court program. If a county elects to provide that program, existing law requires the county to develop a plan for the operation of a drug court program that, among other things, provides a local action plan for implementing cost-effective drug court systems.
This bill would, upon appropriation by the Legislature, authorize the superior courts in the Counties of Sacramento, San Diego, and Solano to conduct a pilot program to provide specific supportive services to adult defendants who participate in the county’s drug court, as specified. The bill would require the Judicial Council to administer the program and would authorize the council to establish guidelines and reporting requirements for the participating drug courts. This bill would require a participating drug court to enroll eligible defendants in specific supportive services unless a defendant refuses or is already enrolled in those services. The bill would require a county probation department department, or another county department designated by the court, to administer the supportive services payments and reimbursements. By increasing the duties of county probation departments, agencies, this bill would impose a state-mandated local program.
This bill would require participating drug courts to collect and submit specific data to the Judicial Council. The bill would also require the Judicial Council to prepare and submit a report to the Legislature and the Governor on or before January 1, 2028, that compares the data gathered by the participating drug courts to other similar, nonparticipating drug courts, as specified.
The bill would repeal these provisions on January 1, 2029.
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.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 3 (commencing with Section 11980) is added to Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code, to read:
Article  3. Drug Court Success Incentives Pilot Program

11980.
 (a) The superior courts in the Counties of Sacramento, San Diego, and Solano may offer a voluntary program under which adult defendants who participate in the county’s drug court are offered supportive services to encourage participation in, and successful completion of, drug court.
(b) The Judicial Council shall administer the Drug Court Success Incentives Pilot Program. The council may establish guidelines and reporting requirements for the drug courts participating in the program and may require one or more additional counties to provide data, as necessary, to comply with the requirements of Section 11982.
(c) (1) (A) A judge presiding over a participating drug court may offer supportive services to a defendant who is eligible to be referred to, or who participates in, that drug court. The judge shall have discretion to determine the appropriate amount of supportive services, with a value not to exceed five hundred dollars ($500) per calendar month, that are appropriate for a defendant to encourage participation in, and successful completion of, drug court.
(B) The judge may offer supportive services, as appropriate, based on their determination of each of the following:
(i) The needs of the defendant.
(ii) The amount that is necessary and appropriate to encourage participation in, and successful completion of, the drug court program.
(iii) The amount of funds available.
(iv) Other public funds available to the defendant.
(v) The defendant’s progress and achievements in the program.
(C) This article is not intended to create an entitlement for a defendant to receive supportive services or for any particular level, type, or amount of supportive services.
(2) The judge may review the probation report, evidence submitted by the defendant, or any other relevant evidence to determine what supportive services are appropriate for the defendant to receive in order to encourage the defendant’s participation in, and successful completion of, drug court.
(d) (1) As used in this section, “supportive services” are goods and services with a value not to exceed five hundred dollars ($500) per calendar month that shall not include cash payments.
(2) Supportive services may include, but are not limited to, rental payments or other housing payment assistance, transit vouchers, reimbursement for vehicle repair, vehicle loan payment assistance, tuition payment assistance, child care childcare expenses, reimbursement for expenses directly related to vocational or educational training, textbooks, program fees, gift cards, food, groceries, personal hygiene products, or other household expenses.
(3) Supportive services shall not include payments or funds that may be used to pay for alcoholic beverages, tobacco products, or any other types of goods or services for which payment via an electronic benefits transfer cash payment would be prohibited and that are not enumerated as allowable supportive services in this subdivision.
(e) Funding shall be used to supplement, rather than supplant, funding for existing programs.

11981.
 (a) The county probation department department or another county department designated by the court shall be responsible for administering payments of, or reimbursement for, supportive services. The probation or other designated county department may determine, as appropriate, whether direct payment to the defendant, a landlord, a vendor, or another person is appropriate.
(b) (1) The probation department or another county department designated by the court shall determine, in consultation with the county department of social services, whether a defendant who participates in, or will participate in, the Drug Court Success Incentives Pilot Program is eligible for the Medi-Cal program or other benefits and services administered by the State Department of Social Services, including, but not limited to, CalFresh, CalWORKs, and any other benefit program administered by the department.
(2) If the defendant is eligible and appropriate for any benefits, the drug court shall enroll the defendant in all eligible and appropriate services unless the defendant refuses to enroll, or is already enrolled, in one or more services.

11982.
 (a) A participating drug court shall collect the following data and report it to the Judicial Council pursuant to deadlines and according to criteria established by the council:
(1) The number of defendants participating in drug court in the 12 months prior to commencement of the pilot program.
(2) The number of defendants participating in drug court for each 12-month period after commencement of the pilot program.
(3) The number of defendants who successfully completed the drug court program in the 12 months prior to commencement of the pilot program.
(4) The number of defendants who successfully completed the drug court program for each 12-month period after commencement of the pilot program.
(5) The number of defendants who were enrolled in but did not successfully complete the drug court program in the 12 months prior to commencement of the pilot program.
(6) (A) The number of defendants who were enrolled in but did not successfully complete the drug court program for each 12-month period after commencement of the pilot program.
(B) This information shall include a summary of the reasons for failure to successfully complete the program, including the number of defendants who were removed from the program by the court and the number of defendants whose term of probation expired and who did not agree to extend the probation period.
(7) The amounts and a description of the types of expenditures used for supportive services.
(8) Any additional data that is relevant and appropriate to describe activities conducted under the pilot program, a description of challenges encountered in the implementation of the program, and any recommendations for changes.
(b) (1) The Judicial Council, on or before January 1, 2028, shall report to the Legislature and the Governor the data collected pursuant to subdivision (a).
(2) The report shall compare the participating drug courts to similar data in one or more drug courts with a comparable total population and number of eligible defendants who may participate in drug court.
(3) The Judicial Council may issue interim reports, as appropriate, if data is available.
(4) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c) The Judicial Council shall have the authority to require a drug court to submit data as necessary to comply with the requirements of this article.
(d) This section does not require the reporting of the names, personal identifying information, or any other confidential information regarding defendants who participate in drug court or who receive supportive services pursuant to this pilot program.

11983.
 (a) This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article.
(b) The Judicial Council may use up to 7.5 percent of the funds appropriated for the program each year for the costs of administering the program, including, but not limited to, the employment of personnel, preparation of the report required pursuant to this article, and evaluation of activities supported by the grant funding.

11984.
 This article shall remain in effect only until January 1, 2029, and, as of that date, is repealed.

SEC. 2.

 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.