Existing law generally requires a person convicted of a nonviolent drug offense to receive probation and, as a condition of probation, participate in and complete an appropriate drug treatment program. Exceptions to this provision include when a person was previously convicted of specified violent felonies and when a person was armed with a deadly weapon that the person intended to use while in possession of, or under the influence of, a controlled substance, as specified. Existing law permits a court to require a person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of the drug treatment program.

This bill would require a person who commits a crime while under the influence of a specified controlled substance, or with the specific intent of directly or indirectly obtaining that controlled substance, to, if this is their 3rd or greater conviction in the past 3 years, in addition to any other sentence imposed, participate in a drug treatment program as a condition of probation, if probation is imposed. The bill would state the intent of the Legislature to also enact legislation to expand pre-booking diversion programs.