Code Section Group

Penal Code - PEN


  ( Part 3 repealed and added by Stats. 1941, Ch. 106. )


  ( Title 1 repealed and added by Stats. 1941, Ch. 106. )

CHAPTER 4. Treatment of Prisoners [2650 - 2695.5]

  ( Chapter 4 added by Stats. 1941, Ch. 106. )

ARTICLE 5. Substance Abuse Treatment [2694 - 2694.5]
  ( Article 5 added by Stats. 2007, Ch. 7, Sec. 10. )


(a) The Department of Corrections and Rehabilitation shall expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of substance abuse. In determining the prisons in which these additional treatment services will be located, the department may consider efficiency and efficacy of treatment, availability of staff resources, availability of physical space, and availability of additional resources in surrounding communities to supplement the treatment. In addition, the department shall expand followup treatment services in the community in order to ensure that offenders who participate in substance abuse treatment while incarcerated in prison shall receive necessary followup treatment while on parole.

(b) (1) Notwithstanding any other law, unless there is a security or safety reason not to do so, a substance abuse treatment program funded by the Department of Corrections and Rehabilitation and offered in a facility under the jurisdiction of the department pursuant to this section shall include a peer counseling component allowing prisoners to receive the necessary training within those facilities to become certified addiction counselors, including necessary course work and clinical hours.

(2) If the department determines that a peer counseling component shall not be included as part of a substance abuse treatment program offered in a facility under the department’s jurisdiction, the department shall notify in writing on January 10, 2015, and January 10, 2016, the Assembly and Senate Committees on Budget and the relevant Assembly and Senate policy committees at the time the determination is made. The report shall include the reason for the determination and a description of the substance abuse treatment program being provided.

(3) For purposes of this section, “peer counseling” means counseling offered by a person sharing similar life experiences who provides advice and assistance to another individual with the intended outcome of overcoming addiction-related challenges.

(Amended by Stats. 2014, Ch. 26, Sec. 26. (AB 1468) Effective June 20, 2014.)


(a) The Department of Corrections and Rehabilitation, under the oversight of the Undersecretary of Health Care Services, shall establish a three-year pilot program at one or more institutions that will provide a medically assisted substance use disorder treatment model for treatment of inmates with a history of substance use problems. The program shall offer a continuum of evidenced-based care that is designed to meet the needs of the persons being served and that is appropriate for a correctional setting. In establishing the program, the department shall consider all of the following:

(1) Access to services during an inmate’s enrollment in the pilot program.

(2) Access to subacute detoxification and medical detoxification, as necessary.

(3) Comprehensive pretreatment and posttreatment assessments.

(4) Ongoing evaluation of an inmate’s program needs and progress at least every 90 days, and appropriate adjustment of treatment based on that evaluation.

(5) Services provided by professionals for whom substance use disorder treatment is within the scope of their practice.

(6) Referrals for medically assisted care and prescription of medication-assisted treatment.

(7) Provision of behavioral health services, including the capacity to treat cooccurring mental illness.

(8) Access to medication-assisted treatment throughout the period of incarceration up to and including immediately prior to release.

(9) Linkages to community-based treatment upon parole.

(b) (1) The department shall report to the fiscal and appropriate policy committees of the Legislature on March 1, 2017, and each March 1 thereafter during the tenure of the pilot project. The report shall include all of the following elements:

(A) The planned inmate capacity of the program.

(B) The number of persons enrolled in the program.

(C) The number of persons who leave the treatment program against medical advice and the number of persons who are discharged from the program prior to achieving their treatment goals.

(D) The percentage of participants with negative urine toxicology screens for illicit substances during treatment and posttreatment while incarcerated.

(E) The number of persons who are successfully linked to postrelease treatment.

(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on March 1, 2025, pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(Added by Stats. 2016, Ch. 33, Sec. 18. (SB 843) Effective June 27, 2016.)

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