Mandatory treatment programs for drug offenders placed on probation will no longer be up to a judge’s discretion under a newly signed bill authored by Sen. Richard Roth (D-Riverside) and sponsored by the Riverside District Attorney.
Senate Bill 46, signed Oct. 9, will make treatment programs a mandatory condition of probation for drug offenders. Currently, it is up to the judge’s discretion whether to mandate treatment programs. To order a drug offender based on probation to treatment, judges must believe there is a reasonable chance they will not relapse after completing the program.
“This legislation seeks to help those most susceptible and give them the tools they need, with education and treatment, so they don’t become another statistic and can turn their life around. In order to do this, specific and intentional education and treatment must be required to reduce recidivism and ensure long-term success,” Roth said in a press release.
Riverside District Attorney Mike Hestrin sponsored the bill.
“Senate Bill 46 plays a pivotal role by offering individuals facing felony drug charges access to court-mandated drug treatment and education programs,” he said in a press release.
Since 2000, Proposition 36 has required judges to order convicted drug offenders to treatment programs as a matter of probation, if the service is available and the offender is likely to benefit from the service.
The bill will also change the definition of successful completion of treatment. If a defendant fails to complete treatment, they could be found to have violated probation, and placed in prison or jail. Currently, a defendant must complete the treatment, and there must be reasonable cause they will not abuse drugs in the future. Completion of the treatment will no longer require cause that they will not relapse.
Treatment programs will be charged to defendants under a sliding scale based on the person’s ability to pay. The sliding scale will be developed by each individual court. Currently, the drug program administrator in each county establishes fees for treatment, but there must be fee exemptions for people who cannot afford to pay. Each of Riverside’s 16 drug treatment providers have their own fees. Some are sliding scale, one is $33 per day, one is a flat $590 and another is $65 per hour.
SB 46 will also impose more requirements on drug treatment programs. Treatment programs will have to include education on how drugs affect the body and brain, physical dependence, how to recognize and respond to drug overdoses, and the dangers of using controlled substances. Currently, programs must be a minimum of 20 hours of education, counseling or a combination, with an initial assessment and an exit conference, with additional minimum requirements that can be imposed by each county.
Parents will be excluded from the mandatory treatment. Current law requires a minor’s parents to participate in the program.
SB 46 passed both houses unanimously. It was supported by the Riverside Police Officers Association, the Riverside Sheriff’s Association and the Upland Police Officers Association. It did not receive any listed opposition.
The bill will take effect on Jan. 1
