Bill Text: CA AB2106 | 2023-2024 | Regular Session | Amended
Bill Title: Probation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-01 - In committee: Set, first hearing. Referred to suspense file. [AB2106 Detail]
Download: California-2023-AB2106-Amended.html
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Amended
IN
Assembly
April 23, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2106
| Introduced by Assembly Member McCarty |
February 05, 2024 |
An act to add Section 1203.044 to the Penal Code, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2106, as amended, McCarty.
Probation.
Existing law authorizes the court, in the order granting probation, to suspend the imposition or execution of sentence and direct the suspension to continue for a period of time not exceeding 2 years, and in misdemeanor cases, for a period not to exceed one year.
This bill would require, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases and not exceeding 3 years in felony cases, and upon those terms and conditions as the court determines, including a court-mandated drug treatment program as a condition of their probation. or drug education.
The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.
By extending the duration of probation, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1203.044 is added to the Penal Code, to read:1203.044.
(a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Drug treatment program” means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.
(2) “Successfully completed” means that a defendant who has had drug treatment imposed as a condition of probation has completed
the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
