1212.

 (a) There is hereby created a pilot parole diversion program for purposes of providing qualifying parolees who violate parole with treatment for drug abuse, alcohol abuse, or anger management.

(b) The program shall commence on January 1, 2010, with a four-month period to establish sites, retain contractors, and select Department of Corrections and Rehabilitation staff to provide program analysis and supervision. The program shall run for 24 months. No referrals to the program shall be made after the completion of the 18th month.

(c) The program shall consist of three rehabilitation programs for substance abuse recovery, alcohol abuse recovery, and anger management.

(d) The program shall operate at three sites close to public transportation in industrial areas of Pomona, San Bernardino, and Riverside. Each facility shall operate substance abuse recovery, alcohol abuse recovery, and anger management programs concurrently. A technician shall be on site to collect urine samples from parolees. Each facility shall have a minimum of two private armed security individuals during the hours treatment programs are operating.

(e) Each treatment program shall be conducted by service provider contractors that are not Department of Corrections and Rehabilitation contractors, using existing treatment regimens, some of which may already be offered inside department facilities. It is a goal of the program to have three different service providers for each of the three treatment programs at each site, if possible, in order to evaluate which service provider obtains the best results. In the event there are no outside contractors who bid for the job, a current contractor may be used. Service providers shall provide immediate reports to the Department of Corrections and Rehabilitation on parolee participation so that any violation of the program provisions will result in immediate referral to the Board of Parole Hearings for action.

1212.1.

 (a) When a parole officer determines that a parolee has violated a condition of parole, the parolee will be taken into custody pursuant to standard operating procedures, and the violation referred to a deputy commissioner of the Board of Parole Hearings. The deputy commissioner will determine if the parolee would be a candidate to participate in this program, including that the parolee is not subject to the provisions of Proposition 36, as approved by the voters November 7, 2000. The fact that the commitment offense for the parolee was a serious or violent felony shall not disqualify the parolee from participation in the program.

(b) A parolee whose parole violation consists of committing another crime shall not be eligible for the program. A parolee who commits another parole violation that is a crime, other than the use of drugs, alcohol, or an anger event, while in the program, will not be allowed to continue in the program.

1212.2.

 (a) Programming will take place in three daily shifts from 0900 to 1200 hours inclusive, from 1330 to 1630 hours inclusive, and from 1800 to 2100 hours inclusive, five days a week, with multiple drug therapy, alcohol therapy, and anger management therapy treatments taking place concurrently. The treatment regimens shall last 16 weeks. Each parolee shall be provided with a transit pass to the location of the program.

(b) Each parolee will be allowed five failures during the 24-month term of the program. If the parolee successfully completes the program, and does not recidivate within the 24 months including treatment, the parolee will be removed from parole supervision. Each parolee will be required to provide a urine sample weekly for purposes of drug and alcohol testing, although the actual number of tests shall be random, rather than for each parolee for each sample.

(c) An independent laboratory shall process urine samples provided by parolees during the programming period. A refusal to provide a sample or be tested will be deemed a failure to participate or complete the program. A failure to participate in an assigned daily program without making up the absence immediately with a drug test will also be considered a violation of the program.

1212.3.

 The standard for measuring program success shall be reduction in recidivism. “Success” shall be deemed to be a reduction in recidivism to 50 percent, from the current level of 70 percent. If recidivism is not reduced to 50 percent, the program will be deemed to have failed.

1212.4.

 The program is designed to be revenue neutral, with operating funds coming from Department of Corrections and Rehabilitation funds that would otherwise be spent for incarceration of the parolees who are enrolled in the program.