1203.44. (a) The County of Yolo may offer a pilot program, known as the Secured Residential Treatment Program, consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot program shall align with the resolution adopted by the County of Yolo in 2015 in recognition of the national Stepping Up Initiative, with the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The County of Yolo may offer the pilot program to eligible individuals if the program meets all of the following
(1) The county develops the program in consultation with drug treatment service providers and other relevant community partners.
(2)The staff of the Yolo County Health and Human Services Agency (HHSA) performs a risk and needs assessment,
utilizing an assessment tool demonstrated to be appropriate for drug offenders,
for each offender entering the program.
(2) The Yolo County Health and Human Services Agency (HHSA) ensures that a risk, needs, and psychological assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(3) The individual, as an alternative to a jail or prison sentence, consents to participate in the program.
(4) The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the
risk and needs
risk, needs, and psychological assessment and the recommendations of treatment providers. (5)The program includes components that are evidence-based or promising practices.
(5) The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(6) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention
(7) A judge determines the length of the treatment program after being informed by, and based on, the
risk and needs risk, needs, and psychological assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c). (8)The program includes a continuum of care and intensive followup services for participants. (9)Treatment provided to a participant during the program is reimbursable under the Medi-Cal program, to the extent that the participant is a Medi-Cal beneficiary and the treatment is already covered under the Medi-Cal program, and to the extent that reimbursement is not
prohibited under federal law. (10)An outcome measures report is completed by a local independent evaluator.
(8) The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(9) To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal
program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(10) An outcomes assessment is completed by an independent evaluator.
(11) The county collects and monitors all of the following data for participants in the program:
(A) The participant’s demographic information, including age, gender,
race, ethnicity, marital status, familial status, and employment status.
(B) The participant’s criminal history.
(C) The participant’s risk level, as determined by the
risk and needs risk, needs, and psychological assessment.
(D) The treatment provided to the participant during the program, and if the participant completed that treatment.
(E) The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent
arrests and convictions.
(12) The county reports all of the following information annually to the
Legislature, Department of Corrections and Rehabilitation and the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code: Code, to the Legislature, precluding any personally identifiable information of participants:
risk and needs
risk, needs, and psychological assessment tool used for the program.
(B) The curriculum used by each program.
(C) The number of participants with a program length other than one year and the alternative program lengths used.
(D) Individual data on the number of participants participating in the program.
(E) Individual data for the items described in paragraph (11).
one-, three-, and five-year one- and
evaluation of the number of subsequent arrests and convictions of the participants.
(b) (1) Eligible drug-motivated crimes shall include any felony crime other than the following:
(A) Sex crimes as defined in subdivision (c) of Section 290.
(B) “Serious” felonies as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C) “Violent” felonies as defined in subdivision (c) of Section 667.5.
(2) Notwithstanding paragraph (1), a “nonviolent drug possession offense” specified in subdivision (a) of Section 1210 may not be diverted pursuant to this
(c) (1) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A) The defendant’s crime was caused in whole or in part by the defendant’s SUD.
(B) The defendant’s crime meets the criteria described in subdivision (b).
(C) The judge makes their determination based on the recommendations of the treatment providers who conducted the
and assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate. appropriate, and on the report described in subdivision (d).
(2) The amount of time in the secured residential treatment facility shall be based on the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the maximum allowable jail or prison time for the drug-motivated crime, and the court shall not place the
defendant on probation for the underlying offense.
(3) During the period in which an individual is participating in the pilot program, the individual shall be on supervision with the
(d) To assist the court in making the determination pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department,
HHSA, and any contracted drug treatment program provider.
(e) If, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f) If the court, based on the recommendations of the treatment
providers, providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order. After transferring out of the secured residential treatment facility, the participant shall continue to be supervised in the program by
HHSA and the probation department for the duration of the sentence. order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g) If, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence.
(h) If, upon the recommendations of the treatment providers or program administrators, the court
determines that the participant should be released from the secured residential treatment program prior to the end of the original order, the court shall make that subsequent order, and paragraph (8) of subdivision (a) shall apply.
(i) If the participant successfully completes the court-ordered drug treatment pursuant to this program, the court shall expunge the conviction from the participant’s record. The court shall also have discretion to expunge the conviction of any previous drug possession or drug use crimes on the participant’s record, including those offenses listed in Sections 11350,
11364, 11377, and 11550 of the Health and Safety Code.
(j) The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsy’s Law) are honored before expunging the conviction.
(k) This section
shall remain in effect only until January 1, 2025, and as of that date is repealed.