11999.30
HEALTH AND SAFETY CODE
SECTION 11999.30
11999.30. (a) This division shall be known as the Substance Abuse Offender Treatment Program. Funds distributed under this division shall be used to serve offenders who qualify for services under the Substance Abuse and Crime Prevention Act of 2000, including any amendments thereto. Implementation of this division is subject to an appropriation in the annual Budget Act. (b) The department shall distribute funds for the Substance Abuse Offender Treatment Program to counties that demonstrate eligibility for the program, including a commitment of county general funds or funds from a source other than the state, which demonstrates eligibility for the program. The department shall establish a methodology for allocating funds under the program, based on the following factors: (1) The percentage of offenders ordered to drug treatment that actually begin treatment. (2) The percentage of offenders ordered to treatment that completed the prescribed course of treatment. (3) Any other factor determined by the department. (c) The distribution of funds for this program to each eligible county shall be at a ratio of nine dollars ($9) for every one dollar ($1) of eligible county matching funds. (d) County eligibility for funds under this division shall be determined by the department according to specified criteria, including, but not limited to, all of the following: (1) The establishment and maintenance of dedicated court calendars with regularly scheduled reviews of treatment progress for persons ordered to drug treatment. (2) The existence or establishment of a drug court, or a similar approach, and willingness to accept defendants who are likely to be committed to state prison. (3) The establishment and maintenance of protocols for the use of drug testing to monitor offenders' progress in treatment. (4) The establishment and maintenance of protocols for assessing offenders' treatment needs and the placement of offenders at the appropriate level of treatment. (5) The establishment and maintenance of protocols for effective supervision of offenders on probation. (6) The establishment and maintenance of protocols for enhancing the overall effectiveness of services to eligible parolees. (e) The department, in its discretion, may limit administrative costs in determining the amount of eligible county match, and may limit the expenditure of funds provided under this division for administrative costs. The department may also require a limitation on the expenditure of funds provided under this division for services other than direct treatment costs, as a condition of receipt of program funds. (f) To receive funds under this division, a county shall submit an application to the department documenting all of the following: (1) The county's commitment of funds, as required by subdivision (b). (2) The county's eligibility, as determined by the criteria set forth in subdivision (d). (3) The county's plan and commitment to utilize the funds for the purposes of the program, which may include, but are not limited to, all of the following: (A) Enhancing treatment services for offenders assessed to need them, including residential treatment and narcotic replacement therapy. (B) Increasing the proportion of sentenced offenders who enter, remain in, and complete treatment, through activities and approaches such as colocation of services, enhanced supervision of offenders, and enhanced services determined necessary through the use of drug test results. (C) Reducing delays in the availability of appropriate treatment services. (D) Use of a drug court or similar model, including dedicated court calendars with regularly scheduled reviews of treatment progress, and strong collaboration by the courts, probation, and treatment. (E) Developing treatment services that are needed but not available. (F) Other activities, approaches, and services approved by the department, after consultation with stakeholders. (g) The department shall audit county expenditures of funds distributed pursuant to this division. Expenditures not made in accordance with this division shall be repaid to the state. (h) The department shall consult with stakeholders and report during annual budget hearings on additional recommendations for improvement of programs and services, allocation and funding mechanisms, including, but not limited to, competitive approaches, performance-based allocations, and sources of data for measurement. (i) (1) For the 2006-07 and 2007-08 fiscal years, the department may implement this division by all-county letters or other similar instructions, and need not comply with the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing with the 2008-09 fiscal year, the department may implement this section by emergency regulations, adopted pursuant to paragraph (2). (2) Regulations adopted by the department pursuant to this division shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to this division shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. Nothing in this paragraph shall be interpreted to prohibit the department from adopting subsequent amendments on a nonemergency basis or as emergency regulations in accordance with the standards set forth in Section 11346.1 of the Government Code.