Bill Text: CA AB572 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Law enforcement: training: racial profiling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2018-08-31 - Ordered to inactive file at the request of Assembly Member Quirk-Silva. [AB572 Detail]

Download: California-2017-AB572-Amended.html

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Amended  IN  Senate  July 03, 2017

Amended  IN  Assembly  May 26, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 572

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Introduced by Assembly Member Quirk-Silva

February 14, 2017

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An act to add and repeal Section 11834.015 of the Health and Safety Code, relating to alcoholism or drug abuse recovery or treatment facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 572, as amended, Quirk-Silva. Alcoholism or drug abuse treatment facilities: Orange County City of Costa Mesa pilot program.

Existing law provides that the State Department of Health Care Services has the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities, as defined. Existing law authorizes the department to conduct announced or unannounced site visits to licensed facilities to review compliance with all applicable statutes and regulations.

This bill would require the State Department of Health Care Services to establish a pilot program to locate an investigator within a participating county city to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within the county. city. The participating county city would be the County of Orange City of Costa Mesa if the Orange County Board of Supervisors City Council of the City of Costa Mesa elects to participate in the pilot program. The bill would require the department to implement the pilot program by executing a contract with the County of Orange City of Costa Mesa providing that the department will assign an investigator and the county city will reimburse the department for the costs associated with the pilot program, including, but not limited to, the administrative costs and the investigator’s compensation and benefits. The bill would authorize the City of Costa Mesa to contract with the County of Orange or a city incorporated within the County of Orange to assign the investigator to investigate complaints within those entities if the Orange County Board of Supervisors or the city council of the city adopts an ordinance or resolution electing to participate in the pilot program. The bill would require the pilot program to be completed no later than December 31, 2019, and would require the county City of Costa Mesa to submit a report of the results of the pilot program, as specified, to the Legislature no later than July 1, 2020. The bill would require the pilot program to be conducted in conformance with federal confidentiality laws and regulations. The provisions of this bill would be repealed on January 1, 2021.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 11834.015 is added to the Health and Safety Code, to read:

11834.015.

 (a) (1) The State Department of Health Care Services shall establish a pilot program to locate a Substance Use Disorder Compliance Division investigator within a participating county city to investigate licensed adult alcoholism or drug abuse recovery or treatment facilities within that county. city. The participating county city shall be the County of Orange, City of Costa Mesa, if the Orange County Board of Supervisors City Council of the City of Costa Mesa adopts an ordinance or resolution electing to participate in the pilot program.

(2) The department shall implement the pilot program by executing a contract with the County of Orange City of Costa Mesa that provides for all of the following:

(A) The department shall assign a Substance Use Disorder Compliance Division investigator to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within the County of Orange. City of Costa Mesa.

(B) The County of Orange City of Costa Mesa shall reimburse the department for the costs associated with the pilot program, including, but not limited to, the administrative costs and the investigator’s compensation and benefits.

(C) The County of Orange City of Costa Mesa shall provide office space and amenities to the investigator.

(D) If the Orange County Board of Supervisors or a city council of a city incorporated within the County of Orange adopts an ordinance or resolution electing to participate in the pilot program, the City of Costa Mesa may contract with that entity. The terms of the contract shall include all of the following:

(i) The City of Costa Mesa shall assign the Substance Use Disorder Compliance Division investigator to investigate complaints against licensed adult alcoholism or drug abuse recovery or treatment facilities within an unincorporated area of the County of Orange or the participating city as contracted.

(ii) The County of Orange or the participating city shall enter into a memorandum of understanding with the City of Costa Mesa to determine a cost-sharing arrangement for the investigator’s compensation and benefits. The City of Costa Mesa shall reimburse the department for the investigator’s compensation and benefits.

(b) The pilot program established pursuant to subdivision (a) shall be completed no later than December 31, 2019.

(c) If the County of Orange City of Costa Mesa participates in the pilot program authorized by subdivision (a), it shall, no later than July 1, 2020, submit a report of the results of the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, that includes both of the following:

(1) An evaluation of the effectiveness of the pilot program.

(2) Recommendations for subsequent actions.

(d) The pilot program shall be conducted in conformance with federal confidentiality laws and regulations, including, but not limited to, Section 290dd-2 of Title 42 of the United States Code and Part 2 of Subchapter A of Chapter I of Title 42 of the Code of Federal Regulations.

(d)

(e) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.