Bill Text: CA SB1110 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Law Enforcement Assisted Diversion.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1110 Detail]

Download: California-2015-SB1110-Introduced.html

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BILL NUMBER: SB 1110	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock
   (Principal coauthor: Senator Anderson)

                        FEBRUARY 17, 2016

   An act to add Chapter 2.92 (commencing with Section 1001.85) of
Title 6 of Part 2 of the Penal Code, relating to diversion.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1110, as introduced, Hancock. Law Enforcement Assisted
Diversion.
   Existing law authorizes a county to establish a pretrial diversion
program for defendants who have been charged with a misdemeanor
offense and authorizes other diversion programs, including for
defendants with cognitive developmental disabilities, defendants in
nonviolent drug cases, and traffic violations.
   This bill would require the Board of State and Community
Corrections to approve three counties for the establishment of a Law
Enforcement Assisted Diversion (LEAD) pilot program. The bill would
require the LEAD pilot programs to authorize designated officers to
take a person for whom the officer has probable cause for arrest for
specified controlled substances offenses, including possession of a
controlled substance or other prohibited substance, or prostitution,
to treatment programs and services in lieu of that arrest.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.92 (commencing with Section 1001.85) is added
to Title 6 of Part 2 of the Penal Code, to read:
      CHAPTER 2.92.  LAW ENFORCEMENT ASSISTED DIVERSION


   1001.85.  (a) The Board of State and Community Corrections shall
approve three counties for the establishment of a Law Enforcement
Assisted Diversion (LEAD) pilot program. Interested counties shall
submit applications to the board, including information on the manner
in which the program will operate in that county, as required by the
board.
   (b) LEAD pilot programs shall include both of the following:
   (1) Authorization for designated peace officers to take a person
for whom the officer has probable cause for arrest for any of the
following offenses to a drug treatment facility or program for
treatment, including detoxification and related services in lieu of
that arrest:
   (A) Possession for sale or transfer of a controlled substance or
other prohibited substance where the circumstances indicate that the
sale or transfer is intended to provide a subsistence living or to
allow the person to obtain or afford drugs for his or her own
consumption.
   (B) Sale or transfer of a controlled substance or other prohibited
substance where the circumstances indicate that the sale or transfer
is intended to provide a subsistence living or to allow the person
to obtain or afford drugs for his or her own consumption.
   (C) Possession of a controlled substance or other prohibited
substance.
   (D) Being under the influence of a controlled substance or other
prohibited substance.
   (E) Being under the influence of alcohol and a controlled
substance or other prohibited substance.
   (2) Authorization for designated peace officers to take a person
for whom the officer has probable cause for arrest for prostitution
pursuant to subdivision (b) of Section 647, to an agency or entity
that will provide services to that person in lieu of that arrest.
Services pursuant to this paragraph may include, but are not limited
to, housing, medical care, child care, treatment for alcohol or
substance abuse, nutritional counseling and treatment, psychological
counseling, employment, and employment training and education.
   (c) The Legislature finds and declares that a program similar to
the LEAD program has been demonstrated in Seattle, Washington to
lower recidivism of participants, increase cooperation by
participants in treatment and related programs, and significantly
reduce law enforcement and court costs.