Bill Text: CA SB70 | 2013-2014 | Regular Session | Amended
Bill Title: Alcohol and drug programs.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Engrossed - Dead) 2013-06-12 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB70 Detail]
Download: California-2013-SB70-Amended.html
BILL NUMBER: SB 70 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act relating to the Budget Act of 2013.
An act to amend Sections 315, 2401, 19954, and 22959 of the Business
and Pro fessions Code, to amend Sections 8803 and 51269
of the Education Code, to amend Sections 6253.4, 12711, 12803, 95001,
95012, and 95020 of the Government Code, to amend Sections 1179.3,
1275.2, 1522.08, 1535, 11217, 11752, 11752.1, 11755.2, 11756.8,
11757.53, 11757.65, 11758.03, 11758.06, 11773, 11773.1, 11773.2,
11773.3, 11776, 11798, 11812.6, 11836.16, 11837, 11839.1, 11839.2,
11839.3, 11839.5, 11839.7, 11839.9, 11839.26, 11842, 11842.5, 11847,
11970, 11973, 11975, 11999.1, 11999.6, 11999.20, 11999.25, 11999.30,
120860, 124174.2, 124174.4, and 127185 of, to amend the heading of
Division 10.5 (commencing with Section 11750) of, to add
Sections 11759.5, 11970.5, 11998.4, and 131055.2 to, to add and
repeal Section 11750.1 of, to repeal Sections 11751.1, 11751.2,
11751.9, 11798.1, 11820.1, 11844, 11844.5, and 11845 of, and to
repeal and add Sections 11750 and 11751 of, the Health and Safety
Code, to amend Sections 12693.68 and 12693.95 of the Insurance Code,
to amend Sections 1174.2, 1463.16, 6140, 6241, 6242.6, 13510.5, and
13864 of the Penal Code, to amend Sections 2626.1 and 2626.2 of the
Unemployment Insurance Code, to amend Sections 13353.45, 23538,
23556, and 23646 of the Vehicle Code, and to amend Sections 2100,
2104, 2106, 4042, 4367.5, 4368.5, 4369, 4369.1, 4369.4, 5814, 10506,
14132.21, 14132.90, 17700, and 18987.7 of, to add Section 14132.905
to, to add and repeal Section 4369.5 of, and to repeal Sections
4024.5 and 14132.36 of, the Welfare and Institutions Code, relating
to public social services, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 70, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2013. Alcohol and drug programs.
Under existing law, the State Department of Alcohol and Drug
Programs is responsible for administering prevention, treatment, and
recovery services for alcohol and drug abuse and problem gambling.
Existing law requires the department to issue allocations of state
and federal funds available to counties to provide alcohol and other
drug programs. Existing law also requires counties that utilize these
funds to adopt and submit to the department a county plan and
negotiated net amount contract for department review and approval or
disapproval, as specified. Existing law provides that, effective July
1, 2013, the administrative and programmatic functions that were
previously performed by the department are transferred to departments
within the California Health and Human Services Agency. Existing law
also provides that the ultimate placement of these functions is
contingent upon the Budget Act of 2013 and implementing legislation.
This bill would, on July 1, 2013, transfer the administration of
prevention, treatment, and recovery services for alcohol and drug
abuse to the State Department of Health Care Services and services
for problem gambling to the State Department of Public Health, and
would make related changes. The bill would require, by April 1, 2014,
and March 1 annually thereafter, until July 1, 2018, the State
Department of Health Care Services and the State Department of Public
Health to make specified reports on the substance use disorders
services program, as provided, and on the Office of Problem and
Pathological Gambling, as provided, to the Joint Legislative Budget
Committee and the appropriate budget subcommittees and policy
committees of the Legislature, and publicly post their reports on
their respective Internet Web sites.
Existing law imposes certain requirements on the State Department
of Alcohol and Drug Programs and on the Judicial Council relating to
the design and implementation of specified drug court programs.
Existing law also requires the department to establish
community-based recovery programs to treat the problems of alcohol
and other drug use among youth, as specified, and to develop and
implement a statewide prevention campaign designed to deter the abuse
of methamphetamine in California. Existing law authorizes the
department to implement a program for the establishment of group
homes for alcohol and other drug abusers, and to establish the
Resident-Run Housing Revolving Fund for the purpose of making loans
to group resident-run homes in conformance with federal law.
This bill would make these provisions inoperative on July 1, 2013.
Existing law requires a county that applies for funds to provide
alcohol and other drug abuse to prepare and submit a contract for
alcohol and other drug abuse services to the department. Under
existing law, net negotiated amount contracts that are in effect on
June 27, 2012, are deemed contracts for alcohol and other drug abuse
services for purposes of a county's application for these funds.
This bill would delete the provision deeming net negotiated amount
contracts to be contracts for alcohol and other drug abuse services.
This bill would appropriate the sum of $2,004,000 from the Federal
Trust Fund to the State Department of Health Care Services for
mental health programs. The bill would make further technical,
nonsubstantive changes to these provisions.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315 of the Business
and Professions Code is amended to read:
315. (a) For the purpose of determining uniform standards that
will be used by healing arts boards in dealing with substance-abusing
licensees, there is established in the Department of Consumer
Affairs the Substance Abuse Coordination Committee. The committee
shall be comprised of the executive officers of the department's
healing arts boards established pursuant to Division 2 (commencing
with Section 500), the State Board of Chiropractic Examiners, the
Osteopathic Medical Board of California, and a designee of the State
Department of Alcohol and Drug Programs.
Health Care Services. The Director of Consumer Affairs shall
chair the committee and may invite individuals or stakeholders who
have particular expertise in the area of substance abuse to advise
the committee.
(b) The committee shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Division 3
of Title 2 of the Government Code).
(c) By January 1, 2010, the committee shall formulate uniform and
specific standards in each of the following areas that each healing
arts board shall use in dealing with substance-abusing licensees,
whether or not a board chooses to have a formal diversion program:
(1) Specific requirements for a clinical diagnostic evaluation of
the licensee, including, but not limited to, required qualifications
for the providers evaluating the licensee.
(2) Specific requirements for the temporary removal of the
licensee from practice, in order to enable the licensee to undergo
the clinical diagnostic evaluation described in paragraph (1) and any
treatment recommended by the evaluator described in paragraph (1)
and approved by the board, and specific criteria that the licensee
must meet before being permitted to return to practice on a full-time
or part-time basis.
(3) Specific requirements that govern the ability of the licensing
board to communicate with the licensee's employer about the licensee'
s status and condition.
(4) Standards governing all aspects of required testing,
including, but not limited to, frequency of testing, randomness,
method of notice to the licensee, number of hours between the
provision of notice and the test, standards for specimen collectors,
procedures used by specimen collectors, the permissible locations of
testing, whether the collection process must be observed by the
collector, backup testing requirements when the licensee is on
vacation or otherwise unavailable for local testing, requirements for
the laboratory that analyzes the specimens, and the required maximum
timeframe from the test to the receipt of the result of the test.
(5) Standards governing all aspects of group meeting attendance
requirements, including, but not limited to, required qualifications
for group meeting facilitators, frequency of required meeting
attendance, and methods of documenting and reporting attendance or
nonattendance by licensees.
(6) Standards used in determining whether inpatient, outpatient,
or other type of treatment is necessary.
(7) Worksite monitoring requirements and standards, including, but
not limited to, required qualifications of worksite monitors,
required methods of monitoring by worksite monitors, and required
reporting by worksite monitors.
(8) Procedures to be followed when a licensee tests positive for a
banned substance.
(9) Procedures to be followed when a licensee is confirmed to have
ingested a banned substance.
(10) Specific consequences for major violations and minor
violations. In particular, the committee shall consider the use of a
"deferred prosecution" stipulation similar to the stipulation
described in Section 1000 of the Penal Code, in which the licensee
admits to self-abuse of drugs or alcohol and surrenders his or her
license. That agreement is deferred by the agency unless or until the
licensee commits a major violation, in which case it is revived and
the license is surrendered.
(11) Criteria that a licensee must meet in order to petition for
return to practice on a full-time basis.
(12) Criteria that a licensee must meet in order to petition for
reinstatement of a full and unrestricted license.
(13) If a board uses a private-sector vendor that provides
diversion services, standards for immediate reporting by the vendor
to the board of any and all noncompliance with any term of the
diversion contract or probation; standards for the vendor's approval
process for providers or contractors that provide diversion services,
including, but not limited to, specimen collectors, group meeting
facilitators, and worksite monitors; standards requiring the vendor
to disapprove and discontinue the use of providers or contractors
that fail to provide effective or timely diversion services; and
standards for a licensee's termination from the program and referral
to enforcement.
(14) If a board uses a private-sector vendor that provides
diversion services, the extent to which licensee participation in
that program shall be kept confidential from the public.
(15) If a board uses a private-sector vendor that provides
diversion services, a schedule for external independent audits of the
vendor's performance in adhering to the standards adopted by the
committee.
(16) Measurable criteria and standards to determine whether each
board's method of dealing with substance-abusing licensees protects
patients from harm and is effective in assisting its licensees in
recovering from substance abuse in the long term.
SEC. 2. Section 2401 of the Business
and Professions Code is amended to read:
2401. (a) Notwithstanding Section 2400, a clinic operated
primarily for the purpose of medical education by a public or private
nonprofit university medical school, which is approved by the board
or the Osteopathic Medical Board of California, may charge for
professional services rendered to teaching patients by licensees who
hold academic appointments on the faculty of the university, if the
charges are approved by the physician and surgeon in whose name the
charges are made.
(b) Notwithstanding Section 2400, a clinic operated under
subdivision (p) of Section 1206 of the Health and Safety Code may
employ licensees and charge for professional services rendered by
those licensees. However, the clinic shall not interfere with,
control, or otherwise direct the professional judgment of a physician
and surgeon in a manner prohibited by Section 2400 or any other
provision of law.
(c) Notwithstanding Section 2400, a narcotic treatment program
operated under Section 11876 of the Health and Safety Code and
regulated by the State Department of Alcohol and Drug
Programs, Health Care Services, may employ
licensees and charge for professional services rendered by those
licensees. However, the narcotic treatment program shall not
interfere with, control, or otherwise direct the professional
judgment of a physician and surgeon in a manner prohibited by Section
2400 or any other provision of law.
(d) Notwithstanding Section 2400, a hospital owned and operated by
a health care district pursuant to Division 23 (commencing with
Section 32000) of the Health and Safety Code may employ a licensee
pursuant to Section 2401.1, and may charge for professional services
rendered by the licensee, if the physician and surgeon in whose name
the charges are made approves the charges. However, the hospital
shall not interfere with, control, or otherwise direct the physician
and surgeon's professional judgment in a manner prohibited by Section
2400 or any other provision of law.
(e) Notwithstanding Section 2400, a hospital that is owned and
operated by a licensed charitable organization, that offers only
pediatric subspecialty care, that, prior to January 1, 2013, employed
licensees on a salary basis, and that has not charged for
professional services rendered to patients may, commencing January 1,
2013, charge for professional services rendered to patients,
provided the following conditions are met:
(1) The hospital does not increase the number of salaried
licensees by more than five licensees each year.
(2) The hospital does not expand its scope of services beyond
pediatric subspecialty care.
(3) The hospital accepts each patient needing its scope of
services regardless of his or her ability to pay, including whether
the patient has any form of health care coverage.
(4) The medical staff concur by an affirmative vote that the
licensee's employment is in the best interest of the communities
served by the hospital.
(5) The hospital does not interfere with, control, or otherwise
direct a physician and surgeon's professional judgment in a manner
prohibited by Section 2400 or any other provision of law.
SEC. 3. Section 19954 of the Business
and Professions Code is amended to read:
19954. In addition to those fees required pursuant to Section
19951, each licensee shall pay an additional one hundred dollars
($100) for each table for which it is licensed to the State
Department of Alcohol and Drug Programs
Public Health for deposit in the Gambling Addiction Program
Fund, which is hereby established to benefit those who have a
gambling addiction problem. These funds shall be made available, upon
appropriation by the Legislature, to community-based organizations
that directly provide aid and assistance to those persons with a
gambling addiction problem.
SEC. 4. Section 22959 of the Business
and Professions Code is amended to read:
22959. (a) The sum of two million dollars ($2,000,000) shall be
transferred annually from the portion of the federal Substance Abuse
Prevention and Treatment block grant moneys allocated to the State
Department of Alcohol and Drug Programs
Health Care Services for administrative purposes related to
substance abuse programs, to the Sale of Tobacco to Minors Control
Account.
(b) Upon appropriation by the Legislature, moneys in the Sale of
Tobacco to Minors Control Account shall be expended by the state
department to administer and enforce this division.
SEC. 5. Section 8803 of the Education
Code is amended to read:
8803. In order to encourage the integration of children's
services, it is the intent of the Legislature to promote interagency
coordination and collaboration among the state agencies responsible
for the provision of support services to children and their families.
Therefore, the Legislature hereby establishes the Healthy Start
Support Services for Children Program Council, as follows:
(a) Members of the council shall include the Superintendent, the
agency secretary, and the directors of the State Department of Health
Care Services, the State Department of Social Services,
and the State Department of Alcohol and Drug
Programs. Social Services.
(b) Duties of the council shall include:
(1) Developing, promoting, and implementing policy supporting the
Healthy Start Support Services for Children Grant Program.
(2) Assisting the lead agency in reviewing grant applications
submitted to the lead agency and providing the lead agency with
recommendations for awarding grants pursuant to Section 8804.
(3) Soliciting input regarding program policy and direction from
individuals and entities with experience in the integration of
children's services.
(4) Assisting the lead agency in fulfilling its responsibilities
under this chapter.
(5) Providing recommendations to the Governor, the Legislature,
and the lead agency regarding the Healthy Start Support Services for
Children Grant Program.
(6) At the request of the Superintendent, assisting the local
educational agency or consortium in planning and implementing this
program, including assisting with local technical assistance, and
developing agency collaboration.
SEC. 6. Section 51269 of the Education
Code is amended to read:
51269. (a) The State Department of Education shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for state and federal drug, alcohol, and tobacco
education funds.
(b) The State Department of Education, in consultation with the
Department of Justice, Office of Emergency Services, the
California Emergency Management Agency, State
Department of Public Health, and the State Department of
Alcohol and Drug Programs, Health Care
Services, shall develop, to the extent possible, an ongoing
statewide monitoring and assessment system to provide current and
reliable data on the utilization of resources for programs for
prevention of and early intervention for drug, alcohol, and tobacco
abuse. The purpose of the system shall be to facilitate improved
planning and program delivery among state and local agencies,
including law enforcement, juvenile justice, county health, and
county drug and alcohol agencies and programs, and communities.
SEC. 7. Section 6253.4 of the
Government Code is amended to read:
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Department of Transportation Agency
Department Bureau of Real Estate
Department of Corrections and Rehabilitation
Department Division of the
Youth Authority Juvenile Justice
Department of Justice
Department of Insurance
Department of Corporations Business
Oversight
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of State Hospitals
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
SEC. 8. Section 12711 of the Government
Code is amended to read:
12711. (a) It is the intent of the Legislature to establish a
fair and proportionate system to award grants from the Indian Gaming
Special Distribution Fund for the support of local government
agencies impacted by tribal gaming. It is also the intent of the
Legislature that priority for funding shall be given to local
government agencies impacted by the tribal casinos that contribute to
the Indian Gaming Special Distribution Fund.
(b) It is the intent of the Legislature that in the event that any
compact between any tribe and the state takes effect on or after the
effective date of this chapter, or that any compact between any
tribe and the state that took effect on or before May 16, 2000, is
renegotiated and reexecuted at any time after its initial effective
date, money provided to the state by a tribe pursuant to the terms of
these compacts shall be applied on a pro rata basis to the state
costs for the regulation of gaming and for problem gambling
prevention programs in the Office of Problem and Pathological
Gambling within the State Department of Alcohol and Drug
Programs. Public Health.
(c) It is the intent of the Legislature that if any compact
between any tribe and the state takes effect on or after the
effective date of this chapter, or if any compact between any tribe
and the state that took effect on or before May 16, 2000, is
renegotiated and reexecuted at any time after its initial effective
date, any revenue sharing provisions of that compact that requires
distributions to nongaming or noncompact tribes shall result in a
decrease in the amount that the Legislature appropriates pursuant to
this chapter.
SEC. 9. Section 12803 of the Government
Code is amended to read:
12803. (a) The California Health and Human Services Agency
consists of the following departments: Aging; Community Services
and Development; Developmental Services; Health Care Services;
Mental Health; Developmental Services;
Managed Health Care; Public Health; Rehabilitation;
Social Services; Alcohol and Drug Abuse;
Aging; Rehabilitation; and Community Services and Development
and State Hospitals .
(b) The agency also includes the Emergency Medical Services
Authority, the Managed Risk Medical Insurance Board, the Office
of Health Information Integrity, the Office of Patient
Advocate, the Office of Statewide Health Planning and
Development Development, the Office of Systems
Integration, and the State Council on Developmental
Disabilities.
(c) The Department of Child Support Services is hereby created
within the agency commencing January 1, 2000, and shall be the single
organizational unit designated as the state's Title IV-D agency with
the responsibility for administering the state plan and providing
services relating to the establishment of paternity or the
establishment, modification, or enforcement of child support
obligations as required by Section 654 of Title 42 of the United
States Code. State plan functions shall be performed by other
agencies as required by law, by delegation of the department, or by
cooperative agreements.
SEC. 10. Section 95001 of the
Government Code is amended to read:
95001. (a) The Legislature hereby finds and declares all of the
following:
(1) There is a need to provide appropriate early intervention
services individually designed for infants and toddlers from birth to
two years of age, inclusive, who have disabilities or are at risk of
having disabilities, to enhance their development and to minimize
the potential for developmental delays.
(2) Early intervention services for infants and toddlers with
disabilities or who are at risk of having disabilities represent an
investment of resources, in that these services reduce the ultimate
costs to our society, by minimizing the need for special education
and related services in later school years and by minimizing the
likelihood of institutionalization. These services also maximize the
ability of families to better provide for the special needs of their
children. Early intervention services for infants and toddlers with
disabilities maximize the potential of the individuals to be
effective in the context of daily life and activities, including the
potential to live independently, and exercise the full rights of
citizenship. The earlier intervention is started, the greater is the
ultimate cost-effectiveness and the higher is the educational
attainment and quality of life achieved by children with
disabilities.
(3) The family is the constant in the child's life, while the
service system and personnel within those systems fluctuate. Because
the primary responsibility of an infant's or toddler's well-being
rests with the family, services should support and enhance the family'
s capability to meet the special developmental needs of their infant
or toddler with disabilities.
(4) Family-to-family support strengthens families' ability to
fully participate in services planning and their capacity to care for
their infants or toddlers with disabilities.
(5) Meeting the complex needs of infants with disabilities and
their families requires active state and local coordinated,
collaborative, and accessible service delivery systems that are
flexible, culturally competent, and responsive to family-identified
needs. When health, developmental, educational, and social programs
are coordinated, they are proven to be cost effective, not only for
systems, but for families as well.
(6) Family-professional collaboration contributes to changing the
ways that early intervention services are provided and to enhancing
their effectiveness.
(7) Infants and toddlers with disabilities are a part of their
communities, and as citizens make valuable contributions to society
as a whole.
(b) Therefore, it is the intent of the Legislature that:
(1) Funding provided under Part C of the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) be used to
improve and enhance early intervention services as defined in this
title by developing innovative ways of providing family focused,
coordinated services, which are built upon existing systems.
(2) The State Department of Developmental Services, the State
Department of Education, the State Department of Health Care
Services, the State Department of Social Services,
and the State Department of Alcohol and Drug Programs
Social Services coordinate services to infants
and toddlers with disabilities and their families. These agencies
need to collaborate with families and communities to provide a
family-centered, comprehensive, multidisciplinary, interagency,
community-based, early intervention system for infants and toddlers
with disabilities.
(3) Families be well informed, supported, and respected as capable
and collaborative decisionmakers regarding services for their child.
(4) Professionals be supported to enhance their training and
maintain a high level of expertise in their field, as well as
knowledge of what constitutes most effective early intervention
practices.
(5) Families and professionals join in collaborative partnerships
to develop early intervention services that meet the needs of infants
and toddlers with disabilities, and that those partnerships be the
basis for the development of services that meet the needs of the
culturally and linguistically diverse population of California.
(6) To the maximum extent possible, infants and toddlers with
disabilities and their families be provided services in the most
natural environment, and include the use of natural supports and
existing community resources.
(7) The services delivery system be responsive to the families and
children it serves within the context of cooperation and
coordination among the various agencies.
(8) Early intervention program quality be ensured and maintained
through established early intervention program and personnel
standards.
(9) The early intervention system be responsive to public input
and participation in the development of implementation policies and
procedures for early intervention services through the forum of an
interagency coordinating council established pursuant to federal
regulations under Part C of the federal Individuals with Disabilities
Education Act.
(c) It is not the intent of the Legislature to require the State
Department of Education to implement this title unless adequate
reimbursement, as specified and agreed to by the department, is
provided to the department from federal funds from Part C of the
federal Individuals with Disabilities Education Act.
SEC. 11. Section 95012 of the
Government Code is amended to read:
95012. (a) The following departments shall cooperate and
coordinate their early intervention services for eligible infants and
their families under this title, and need to collaborate with
families and communities, to provide a family-centered,
comprehensive, multidisciplinary, interagency, community-based early
intervention system:
(1) State Department of Developmental Services.
(2) State Department of Education.
(3) State Department of Health Care Services.
(4) State Department of Social Services.
(5) State Department of Alcohol and Drug Programs.
(b) Each participating department shall enter into an interagency
agreement with the State Department of Developmental Services. Each
interagency agreement shall specify, at a minimum, the agency's
current and continuing level of financial participation in providing
services to infants and toddlers with disabilities and their
families. Each interagency agreement shall also specify procedures
for resolving disputes in a timely manner. Interagency agreements
shall also contain provisions for ensuring effective cooperation and
coordination among agencies concerning policymaking activities
associated with the implementation of this title, including
legislative proposals, regulation development, and fiscal planning.
All interagency agreements shall be reviewed annually and revised as
necessary.
SEC. 12. Section 95020 of the
Government Code is amended to read:
95020. (a) An eligible infant or toddler shall have an
individualized family service plan. The individualized family service
plan shall be used in place of an individualized education program
required pursuant to Sections 4646 and 4646.5 of the Welfare and
Institutions Code, the individualized program plan required pursuant
to Section 56340 of the Education Code, or any other applicable
service plan.
(b) For an infant or toddler who has been evaluated for the first
time, a meeting to share the results of the evaluation, to determine
eligibility and, for children who are eligible, to develop the
initial individualized family
service plan shall be conducted within 45 calendar days of
receipt of the written referral. Evaluation results and determination
of eligibility may be shared in a meeting with the family prior to
the individualized family service plan. Written parent consent to
evaluate and assess shall be obtained within the 45-day timeline. A
regional center, local educational agency, or the designee of one of
those entities shall initiate and conduct this meeting. Families
shall be afforded the opportunity to participate in all decisions
regarding eligibility and services. During intake and assessment, but
no later than the IFSP meeting, the parents, legal guardian, or
conservator shall provide copies of any health benefit cards under
which the consumer is eligible to receive health benefits, including,
but not limited to, private health insurance, a health care service
plan, Medi-Cal, Medicare, and TRICARE. If the individual, or, where
appropriate, the parents, legal guardians, or conservators, have no
such benefits, the regional center shall not use that fact to
negatively impact the services that the individual may or may not
receive from the regional center.
(c) Parents shall be fully informed of their rights, including the
right to invite another person, including a family member or an
advocate or peer parent, or any or all of them, to accompany them to
any or all individualized family service plan meetings. With parental
consent, a referral shall be made to the local family resource
center or network.
(d) The individualized family service plan shall be in writing and
shall address all of the following:
(1) A statement of the infant's or toddler's present levels of
physical development including vision, hearing, and health status,
cognitive development, communication development, social and
emotional development, and adaptive developments.
(2) With the concurrence of the family, a statement of the family'
s concerns, priorities, and resources related to meeting the special
developmental needs of the eligible infant or toddler.
(3) A statement of the major outcomes expected to be achieved for
the infant or toddler and family where services for the family are
related to meeting the special developmental needs of the eligible
infant or toddler.
(4) The criteria, procedures, and timelines used to determine the
degree to which progress toward achieving the outcomes is being made
and whether modifications or revisions are necessary.
(5) (A) A statement of the specific early intervention services
necessary to meet the unique needs of the infant or toddler as
identified in paragraph (3), including, but not limited to, the
frequency, intensity, location, duration, and method of delivering
the services, and ways of providing services in natural generic
environments, including group training for parents on behavioral
intervention techniques in lieu of some or all of the in-home parent
training component of the behavior intervention services, and
purchase of neighborhood preschool services and needed qualified
personnel in lieu of infant development programs.
(B) Effective July 1, 2009, at the time of development, review, or
modification of an infant's or toddler's individualized family
service plan, the regional center shall consider both of the
following:
(i) The use of group training for parents on behavior intervention
techniques, in lieu of some or all of the in-home parent training
component of the behavior intervention services.
(ii) The purchase of neighborhood preschool services and needed
qualified personnel, in lieu of infant development programs.
(6) A statement of the agency responsible for providing the
identified services.
(7) The name of the service coordinator who shall be responsible
for facilitating implementation of the plan and coordinating with
other agencies and persons.
(8) The steps to be taken to ensure transition of the infant or
toddler upon reaching three years of age to other appropriate
services. These may include, as appropriate, special education or
other services offered in natural environments.
(9) The projected dates for the initiation of services in
paragraph (5) and the anticipated duration of those services.
(e) Each service identified on the individualized family service
plan shall be designated as one of three types:
(1) An early intervention service, as defined in subsection (4) of
Section 1432 of Title 20 of the United States Code, and applicable
regulations, that is provided or purchased through the regional
center, local educational agency, or other participating agency. The
State Department of Health Care Services,
Services and the State Department of Social Services,
and State Department of Alcohol and Drug Programs
Services shall provide services in accordance with state and
federal law and applicable regulations, and up to the level of
funding as appropriated by the Legislature. Early intervention
services identified on an individualized family service plan that
exceed the funding, statutory, and regulatory requirements of these
departments shall be provided or purchased by regional centers or
local educational agencies under subdivisions (b) and (c) of Section
95014. The State Department of Health Care Services,
Services and the State Department of Social
Services, and State Department of Alcohol and Drug Programs
Services shall not be required to provide early
intervention services over their existing funding, statutory, and
regulatory requirements.
(2) Another service, other than those specified in paragraph (1),
which the eligible infant or toddler or his or her family may receive
from other state programs, subject to the eligibility standards of
those programs.
(3) A referral to a nonrequired service that may be provided to an
eligible infant or toddler or his or her family. Nonrequired
services are those services that are not defined as early
intervention services or do not relate to meeting the special
developmental needs of an eligible infant or toddler related to the
disability, but that may be helpful to the family. The granting or
denial of nonrequired services by a public or private agency is not
subject to appeal under this title. Notwithstanding any other
provision of law or regulation to the contrary, effective July 1,
2009, with the exception of durable medical equipment, regional
centers shall not purchase nonrequired services, but may refer a
family to a nonrequired service that may be available to an eligible
infant or toddler or his or her family.
(f) An annual review, and other periodic reviews, of the
individualized family service plan for an infant or toddler and the
infant's or toddler's family shall be conducted to determine the
degree of progress that is being made in achieving the outcomes
specified in the plan and whether modification or revision of the
outcomes or services is necessary. The frequency, participants,
purpose, and required processes for annual and periodic reviews shall
be consistent with the statutes and regulations under Part C of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1431 et seq.) and this title, and shall be specified in regulations
adopted pursuant to Section 95028. At the time of the review, the
parents, legal guardian, or conservator shall provide copies of any
health benefit cards under which the consumer is eligible to receive
health benefits, including, but not limited to, private health
insurance, a health care service plan, Medi-Cal, Medicare, and
TRICARE. If the parents, legal guardian, or conservator have no such
benefit cards, the regional center shall not use that fact to
negatively impact the services that the individual may or may not
receive from the regional center.
SEC. 13. Section 1179.3 of the Health
and Safety Code is amended to read:
1179.3. (a) (1) The Office of Statewide Health Planning and
Development shall develop and administer a competitive grants program
for projects located in rural areas of California.
(2) The office shall define "rural area" for the purposes of this
section after receiving public input and upon recommendation of the
Interdepartmental Rural Health Coordinating Committee and the Rural
Health Programs Liaison.
(3) The purpose of the grants program shall be to fund innovative,
collaborative, cost-effective, and efficient projects that pertain
to the delivery of health and medical services in rural areas of the
state.
(4) The office shall develop and establish uses for the funds to
fund special projects that alleviate problems of access to quality
health care in rural areas and to compensate public and private
health care providers associated with direct delivery of patient
care. The funds shall be used for medical and hospital care and
treatment of patients who cannot afford to pay for services and for
whom payment will not be made through private or public programs.
(5) The office shall administer the funds appropriated by the
Legislature for purposes of this section. Entities eligible for these
funds shall include rural health providers served by the programs
operated by the office, the State Department of Alcohol and
Drug Programs, the Emergency Medical Services Authority,
the State Department of Health Care Services, the State Department of
Public Health, and the Managed Risk Medical Insurance Board. The
grant funds shall be used to expand existing services or establish
new services and shall not be used to supplant existing levels of
service. Funds appropriated by the Legislature for this purpose may
be expended in the fiscal year of the appropriation or the subsequent
fiscal year.
(b) The Office of Statewide Health Planning and Development shall
establish the criteria and standards for eligibility to be used in
requests for proposals or requests for application, the application
review process, determining the maximum amount and number of grants
to be awarded, preference and priority of projects, compliance
monitoring, and the measurement of outcomes achieved after receiving
comment from the public at a meeting held pursuant to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
(c) The Office of Statewide Health Planning and Development shall
make information regarding the status of the funded projects
available at the public meetings described in subdivision (b).
SEC. 14. Section 1275.2 of the Health
and Safety Code is amended to read:
1275.2. (a) Notwithstanding any rules or regulations governing
other health facilities, the regulations adopted by the state
department for chemical dependency recovery hospitals shall prevail.
The regulations applying to chemical dependency recovery hospitals
shall prescribe standards of adequacy, safety, and sanitation of the
physical plant, of staffing with duly qualified personnel, and of
services based on the needs of the persons served thereby.
(b) The regulations shall include provisions for an "open
planning" architectural concept.
(c) Notwithstanding the provisions of Chapter 1 (commencing with
Section 15000) of Division 12.5, the regulations shall exempt from
seismic requirements all freestanding structures of a chemical
dependency recovery hospital. Chemical dependency recovery services
provided as a supplemental service in general acute care beds or
general acute psychiatric beds shall not be exempt from seismic
requirements.
(d) Regulations shall be developed pursuant to this section and
presented for adoption at a public hearing within 180 days of the
effective date of this section.
(e) In order to assist in the rapid development of regulations
for chemical dependency recovery hospitals, the director of the state
department, not later than 30 days after the effective date of this
section, shall convene an advisory committee composed of two
representatives of the State Department of Alcohol and Drug
Programs, two representatives of the State Department of
Health Care Services, one representative of the Office of
Statewide Health Planning and Development, two persons with
experience operating facilities with alcohol or medicinal drug
dependency programs, and any other persons having a professional or
personal nonfinancial interest in development of such regulations.
The members of such advisory committee who are not state officers or
employees shall pay their own expenses related to participation on
the committee. The committee shall meet at the call of the director
until such time as the proposed regulations are presented for
adoption at public hearing.
SEC. 15. Section 1522.08 of the
Health and Safety Code , as amended by Section 19 of
Chapter 34 of the Statutes of 2012, is amended to read:
1522.08. (a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed
or certified by the state, the California Department of Aging, State
Department of Public Health, State Department of Alcohol and
Drug Programs, State Department of Health Care Services,
State Department of Social Services, and the Emergency Medical
Services Authority may share information with respect to applicants,
licensees, certificates, or individuals who have been the subject of
any administrative action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate, or in
the exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
(b) The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of final
administrative actions, to be used by the California Department of
Aging, State Department of Public Health, State Department of
Alcohol and Drug Programs, State Department of
Health Care Services, State Department of Social Services, and the
Emergency Medical Services Authority as a part of the background
check process. The State Department of Social Services may charge a
fee to departments under the jurisdiction of the California Health
and Human Services Agency sufficient to cover the cost of providing
those departments with the final administrative action specified in
subdivision (a). To the extent that additional funds are needed for
this purpose, implementation of this subdivision shall be contingent
upon a specific appropriation provided for this purpose in the annual
Budget Act.
(c) The State Department of Social Services, in consultation with
the other departments under the jurisdiction of the California Health
and Human Services Agency, may adopt regulations to implement this
section.
(d) For the purposes of this section and Section 1499,
"administrative action" means any proceeding initiated by the
California Department of Aging, State Department of Public Health,
State Department of Alcohol and Drug Programs, State
Department of Health Care Services, State Department of
Social Services, and the Emergency Medical Services Authority to
determine the rights and duties of an applicant, licensee, or other
individual or entity over which the department has jurisdiction.
"Administrative action" may include, but is not limited to, action
involving the denial of an application for, or the suspension or
revocation of, any license, special permit, administrator
certificate, criminal record clearance, or exemption.
SEC. 16. Section 1535 of the Health and
Safety Code is amended to read:
1535. (a) On or before January 1, 1986, the state department
shall publish a comprehensive consumer guideline brochure to assist
persons in the evaluation and selection of a licensed community care
facility. The department shall develop the brochure for publication
with the advice and assistance of the Advisory Committee on Community
Care Facilities, the State Department of Aging, the State
Department of Mental Health, and the State Department of
Alcohol and Drug Programs. Health Care
Services.
(b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a community care facility,
locations of the licensing offices of the State Department of Social
Services where facility records may be reviewed, types of local
organizations which may have additional information on specific
facilities, and a list of recommended inquiries to be made in the
selection of a community care facility.
(c) Upon publication, the consumer guideline brochures shall be
distributed to statewide community care facility resident advocacy
groups, statewide consumer advocacy groups, state and local
ombudsmen, and all licensed community care facilities. The brochure
shall be made available on request to all other interested persons.
SEC. 17. Section 11217 of the Health
and Safety Code is amended to read:
11217. No Except as provided in Section
11223, no person shall treat an addict for addiction to a
narcotic drug except in one of the following:
(a) An institution approved by the State Department of
Social Services and the State Department of Health Care
Services, and where the patient is at all times kept under restraint
and control.
(b) A city or county jail.
(c) A state prison.
(d) A facility designated by a county and approved by the State
Department of Social Health Care
Services pursuant to Division 5 (commencing with Section 5000) of the
Welfare and Institutions Code.
(e) A state hospital.
(f) A county hospital.
(g) A facility licensed by the State Department of
Alcohol and Drug Programs Health Care Services
pursuant to Division 10.5 (commencing with Section 11750).
(h) A facility as defined in subdivision (a) or (b) of Section
1250 and Section 1250.3.
A narcotic controlled substance in the continuing treatment of
addiction to a controlled substance shall be used only in those
programs licensed by the State Department of Alcohol and
Drug Programs Health Care Services pursuant to
Article 3 1 (commencing with Section
11875) 11839) of Chapter 1
10 of Part 3 2 of
Division 10.5 on either an inpatient or outpatient basis, or both.
This section does not apply during emergency treatment, or where
the patient's addiction is complicated by the presence of incurable
disease, serious accident, or injury, or the infirmities of old age.
Neither this section nor any other provision of this division
shall be construed to prohibit the maintenance of a place in which
persons seeking to recover from addiction to a controlled substance
reside and endeavor to aid one another and receive aid from others in
recovering from that addiction, nor does this section or this
division prohibit that aid, provided that no person is treated for
addiction in a place by means of administering, furnishing, or
prescribing of controlled substances. The preceding sentence is
declaratory of preexisting law.
Neither this section or any other provision of this division shall
be construed to prohibit short-term narcotic detoxification
treatment in a controlled setting approved by the director and
pursuant to rules and regulations of the director. Facilities and
treatment approved by the director under this paragraph shall not be
subject to approval or inspection by the Medical Board of California,
nor shall persons in those facilities be required to register with,
or report the termination of residence with, the police department or
sheriff's office.
SEC. 18. The heading of Division 10.5 (commencing
with Section 11750) of the Health and Safety Code
is amended to read:
DIVISION 10.5. STATE DEPARTMENT OF ALCOHOL
AND DRUG PROGRAMS
SEC. 19. Section 11750 of the Health
and Safety Code is repealed.
11750. There is in state government in the California Health and
Human Services Agency a State Department of Alcohol and Drug
Programs.
SEC. 20. Section 1 1750 is added to the
Health and Safety Code , to read:
11750. (a) It is the intent of the Legislature that the
administrative and programmatic functions of the State Department of
Alcohol and Drug Programs be transferred to the State Department of
Health Care Services and the State Department of Public Health
effective July 1, 2013. It is further the intent of the Legislature
that this transfer happen efficiently and effectively, with no
interruptions in service delivery. This transfer is designed to:
(1) Consolidate within a single state department, the State
Department of Health Care Services, all substance use disorder
functions and programs from the State Department of Alcohol and Drug
Programs.
(2) Align with federal and county partners by consolidating
substance use disorder and community mental health functions and
programs within one department.
(3) Promote opportunities for the improvement of health care
delivery by integrating the state-level administration of substance
use disorders, community mental health, and physical health to the
benefit of communities and consumers with substance use disorders and
cooccurring disorders.
(4) Ensure appropriate state oversight by consolidating the two
key public funding sources, the Substance Abuse Prevention and
Treatment Block Grant and the Drug Medi-Cal Treatment Program, for
the substance use disorder system in one state department.
(5) Provide effective state leadership on substance use disorder
issues by positioning the State Department of Health Care Services to
serve as a unified, strong voice to advocate, at both the state and
federal levels, on behalf of the needs of communities, county
partners, and consumers with substance use disorders.
(b) Effective July 1, 2013, the administrative and programmatic
functions that were previously performed by the State Department of
Alcohol and Drug Programs are transferred to the State Department of
Health Care Services and the State Department of Public Health in
accordance with the act that added this section. Further, except as
provided in Section 131055.2, any reference in state statute or
regulation to the State Department of Alcohol and Drug Programs or
the State Department of Alcohol and Drug Abuse shall refer to the
State Department of Health Care Services.
SEC. 21. Section 11750.1 is added to the
Health and Safety Code , to read:
11750.1. (a) It is the intent of the Legislature that the
substance use disorder services programs within the State Department
of Health Care Services continue to maintain the various advisory
groups established under the State Department of Alcohol and Drug
Programs, and establish and maintain additional venues, as necessary,
to provide system stakeholders the opportunity for input into public
policy issues related to substance use disorder services. It is
further the intent of the Legislature that the substance use disorder
services programs shall have input into policy discussions at the
State Department of Health Care Services and at the California Health
and Human Services Agency, and whenever appropriate.
(b) It is the intent of the Legislature to ensure that the impacts
of the transition of programs from the State Department of Alcohol
and Drug Programs to the State Department of Health Care Services are
identified and evaluated, initially and over time. It is further the
intent of the Legislature to establish a baseline for evaluating, on
an ongoing basis, how and why alcohol and other drug prevention and
treatment service delivery was improved, or otherwise changed, as a
result of this transition.
(c) By April 1, 2014, and March 1 annually thereafter, the State
Department of Health Care Services shall report to the Joint
Legislative Budget Committee and the appropriate budget subcommittees
and policy committees of the Legislature on the substance use
disorder services programs, and publicly post a report on its
Internet Web site.
(1) The report shall contain all of the following:
(A) A description of how the transfer of programs from the State
Department of Alcohol and Drug Programs to the State Department of
Health Care Services results in costs or savings to state and local
government.
(B) A description of how the transfer of programs from the State
Department of Alcohol and Drug Programs to the State Department of
Health Care Services results in improved government efficiency and
maximizes resources.
(C) A description of how the transfer of programs from the State
Department of Alcohol and Drug Programs to the State Department of
Health Care Services results in improved coordination and integration
of physical health care services with alcohol and other drug
treatment services, both at the state and local level.
(D) Using resources, including, but not limited to, the California
Outcome Measurement Systems, baseline measurements, beginning in the
years 2011-12, that can be used to measure year-over-year changes in
access to alcohol and other drug treatment services, the
effectiveness of alcohol and other drug treatment services, and the
effectiveness of alcohol and other drug prevention efforts. The
report's baseline measurements shall include, but not be limited to,
statewide and local data on all of the following:
(i) Access to services, including demographics of persons served
or seeking services.
(ii) Access to services for vulnerable and underserved
populations.
(iii) System capacity, including prevention infrastructure and
treatment services infrastructure.
(iv) System outcomes, including treatment completion rates.
(E) How the transfer of the State Department of Alcohol and Drug
Programs has contributed to the discussions related to the delivery
of health care services in California. The report shall also describe
how stakeholder involvement was changed, maintained, or enhanced
after the transition.
(2) By November 30, 2013, the State Department of Health Care
Services shall consult with legislative staff and with system
stakeholders, including county representatives, to develop a
reporting format consistent with the Legislature's desired level of
outcome and reporting detail.
(d) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 22. Section 11751 of the Health
and Safety Code is repealed.
11751. The State Department of Alcohol and Drug Programs is under
the control of an executive officer known as the Director of Alcohol
and Drug Programs, who shall be appointed by the Governor, subject
to confirmation by the Senate, and hold office at the pleasure of the
Governor. The director shall receive the annual salary provided by
Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 23. Section 11751 is added to the
Health and Safety Code , to read:
11751. (a) Except as provided in Section 131055.2, the State
Department of Health Care Services shall succeed to and be vested
with all the duties, powers, purposes, functions, responsibilities,
and jurisdiction of the former State Department of Alcohol and Drug
Programs.
(b) Any reference in statute, regulation, or contract to the State
Department of Alcohol and Drug Programs or the State Department of
Alcohol and Drug Abuse shall refer to the State Department of Health
Care Services to the extent that they relate to the transfer of
duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
(c) No contract, lease, license, or any other agreement to which
the State Department of Alcohol and Drug Programs is a party shall be
made void or voidable by reason of the act that enacted this
section, but shall continue in full force and effect with the State
Department of Health Care Services assuming all of the rights,
obligations, and duties of the State Department of Alcohol and Drug
Programs with respect to the transfer of duties, powers, purposes,
functions, responsibilities, and jurisdiction made pursuant to this
section.
(d) All unexpended balances of appropriations and other funds
available for use by the State Department of Alcohol and Drug
Programs in connection with any function or the administration of any
law transferred to the State Department of Health Care Services
pursuant to the act that enacted this section shall be available for
use by the State Department of Health Care Services for the purpose
for which the appropriation was originally made or the funds were
originally available.
(e) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Health Care Services.
(f) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Health Care Services.
(g) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Health Care Services pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of those persons shall not be affected by their transfer and
shall continue to be retained by them pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all employees transferred pursuant to this
section shall be transferred to the State Department of Health Care
Services.
(h) Any regulation or other action adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, power, purpose, function, or
responsibility pursuant to this division or Division 10.6 (commencing
with Section 11998) in effect prior to July 1, 2013, shall remain in
effect unless or until amended, and shall be deemed to be a
regulation or action of the agency to which or officer to whom the
program, duty, power, purpose, function, responsibility, or
jurisdiction is assigned pursuant to this section.
(i) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty, power,
purpose, function, or responsibility transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
power, purpose, function, or responsibility under that section.
SEC. 24. Section 11751.1 of the Health
and Safety Code is repealed.
11751.1. The Director of Alcohol and Drug Programs shall have the
powers of a head of a department pursuant to Chapter 2 (commencing
with Section 11150) of Part 1 of Division 3 of Title 2 of the
Government Code.
SEC. 25. Section 11751.2 of the Health
and Safety Code is repealed.
11751.2. There is in the State Department of Alcohol and Drug
Programs any divisions as established by the department to the extent
authorized by existing law.
SEC. 26. Section 11751.9 of the Health
and Safety Code is repealed.
11751.9. All officers or employees of the State Department of
Alcohol and Drug Programs shall be appointed by the Director of
Alcohol and Drug Programs.
SEC. 27. Section 11752 of the Health
and Safety Code is amended to read:
11752. As used in this division, "department" means the State
Department of Alcohol and Drug Programs
Health Care Services and "director" means the Director of
the State Department of Alcohol and Drug
Programs. Health Care Services.
SEC. 28. Section 11752.1 of the Health
and Safety Code is amended to read:
11752.1. (a) "County board of supervisors" includes county boards
of supervisors in the case of counties acting jointly.
(b) "Agency" means the California Health and Human Services
Agency.
(c) "Secretary" means the Secretary of California Health and Human
Services.
(d) "County plan for alcohol and other drug services" or "county
plan" means the county plan, including a budget, adopted by the board
of supervisors pursuant to Chapter 4 (commencing with Section 11795)
of Part 2.
(e)
(d) "Advisory board" means the county advisory board on
alcohol and other drug problems established at the sole discretion
of the county board of supervisors pursuant to Section 11805. If a
county does not establish an advisory board, any provision of this
chapter relative to the activities, duties, and functions of the
advisory board shall be inapplicable to that county.
(f)
(e) "Alcohol and drug program administrator" means the
county program administrator designated pursuant to Section 11800.
(g)
(f) "State alcohol and other drug program" includes all
state alcohol and other drug projects administered by the department
and all county alcohol and other drug programs funded under this
division.
(h)
(g) "Health systems agency" means the health planning
agency established pursuant to Public Law 93-641.
(i)
(h) "Alcohol and other drug problems" means problems of
individuals, families, and the community that are related to the
abuse of alcohol and other drugs.
(j)
(i) "Alcohol abuser" means anyone who has a problem
related to the consumption of alcoholic beverages whether or not it
is of a periodic or continuing nature. This definition includes, but
is not limited to, persons referred to as "alcoholics" and "drinking
drivers." These problems may be evidenced by substantial impairment
to the person's physical, mental, or social well-being, which
impairment adversely affects his or her abilities to function in the
community.
(k)
(j) "Drug abuser" means anyone who has a problem
related to the consumption of illicit, illegal, legal, or
prescription drugs or over-the-counter medications in a manner other
than prescribed, whether or not it is of a periodic or continuing
nature. This definition includes, but is not limited to, persons
referred to as "drug addicts." The drug-consumption-related problems
of these persons may be evidenced by substantial impairment to the
person's physical, mental, or social well-being, which impairment
adversely affects his or her abilities to function in the community.
(l)
(k) "Alcohol and other drug service" means a service
that is designed to encourage recovery from the abuse of alcohol and
other drugs and to alleviate or preclude problems in the individual,
his or her family, and the community.
(m)
( l ) "Alcohol and other drug
abuse program" means a collection of alcohol and other drug services
that are coordinated to achieve the specified objectives of this
part.
(n)
(m) "Driving-under-the-influence program," "DUI
program," or "licensed program" means an alcohol and other drug
service that has been issued a valid license by the department to
provide services pursuant to Chapter 9 (commencing with Section
11836) of Part 2.
(o)
(n) "Clients-participants" means recipients of alcohol
and other drug prevention, treatment, and recovery program services.
(p)
(o) "Substance Abuse and Mental Health Services
Administration" means that agency of the United States Department of
Health and Human Services.
SEC. 29. Section 11755.2 of the Health
and Safety Code is amended to read:
11755.2. (a) The department may implement a program for the
establishment of group homes for alcohol and other drug abusers as
provided for in Section 300x-4a of Title 42 of the United States
Code.
(b) The department may establish the Resident-Run Housing
Revolving Fund for the purpose of making loans to group resident-run
homes in conformance with federal statutes and regulations. Any
program for the purpose of making loans to group resident-run homes
shall be a part of the Resident-Run Housing Revolving Fund. Any
unexpended balances in a current program shall be transferred to the
Resident-Run Housing Revolving Fund and be available for expenditure
during the following fiscal year. Appropriations for subsequent
fiscal years shall be provided in the annual Budget Act. All loan
payments received from previous loans shall be deposited in the
Resident-Run Housing Revolving Fund, as well as all future
collections. The Resident-Run Housing Revolving Fund shall be
invested in the Pooled Money Investment Fund. Interest earned shall
accrue to the Resident-Run Housing Revolving Fund and may be made
available for future group resident-run home loans.
(c) The department may adopt regulations as are necessary to
implement this section.
(d) This section shall become inoperative on July 1, 2013.
SEC. 30. Section 11756.8 of the Health
and Safety Code is amended to read:
11756.8. (a) It is the intent of the Legislature to ensure that
the impacts of the 2011 realignment of alcohol and drug program
services are identified and evaluated initially and over time. It is
further the intent of the Legislature to ensure that information
regarding these impacts is publicly available and accessible and can
be utilized to support the state's and counties' effectiveness in
delivering these critical services and supports.
(b) (1) The State Department of Alcohol and Drug Programs
and the State Department of Health Care Services,
which administers the Drug Medi-Cal Program, Services
shall annually report to the appropriate fiscal and policy
committees of the Legislature, and publicly post, a summary of
outcome and expenditure data that allows for monitoring of changes
over time and indicates the degree to which programs are meeting
state- and county-defined outcome measures.
(2) This report shall be submitted and posted each year by April
15 and shall contain expenditures for each county for the programs
described in clauses (i) to (iv), inclusive, of subparagraph (B) of
paragraph (16) of subdivision (f) of Section 30025 of the Government
Code.
(3) The department shall consult with legislative staff and with
stakeholders to develop a reporting format consistent with the
Legislature's desired level of outcome and expenditure reporting
detail.
SEC. 31. Section 11757.53 of the Health
and Safety Code is amended to read:
11757.53. (a) The Office of Perinatal Substance Abuse is hereby
established within the State Department of Alcohol and Drug
Programs. Health Care Services. For purposes of
this chapter, "office" means the Office of Perinatal Substance Abuse.
(b) The office may do any of the following:
(1) Coordinate pilot projects and planning projects funded by the
state which are related to perinatal substance abuse.
(2) Provide technical assistance to counties, public entities,
and private entities that are attempting to address the problem of
perinatal substance abuse.
(3) Serve as a clearinghouse of information regarding strategies
and programs which address perinatal substance abuse.
(4) Encourage innovative responses by public and private entities
that are attempting to address the problem of perinatal substance
abuse.
(5) Review proposals of, and develop proposals for, state
agencies regarding the funding of programs relating to perinatal
substance abuse.
(c) The office shall adopt, amend, or repeal any reasonable
rules, regulations, or standards as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
office and the department to exercise the powers and perform the
duties conferred upon it by this chapter.
SEC. 32. Section 11757.65 of the Health
and Safety Code is amended to read:
11757.65. (a) The Legislature hereby finds and declares both of
the following:
(1) The state has an interest in the women and children's
residential treatment services (WCRTS) program.
(2) In 2012, there are eight local WCRTS programs established
through grants from the federal Center for Substance Abuse Treatment,
Residential Women and Children, and Pregnant and Postpartum Women
Demonstration Program. WCRTS programs pursue the following four
primary goals:
(A) Demonstrate that alcohol and other drug abuse treatment
services delivered in a residential setting and coupled with primary
health, mental health, and social services for women and children,
can improve overall treatment outcomes for women, children, and the
family unit as a whole.
(B) Demonstrate the effectiveness of six-month or 12-month stays
in a comprehensive residential treatment program.
(C) Develop models of effective comprehensive service delivery for
women and their children that can be replicated in similar
communities.
(D) Provide services to promote safe and healthy pregnancies and
perinatal outcomes.
(b) It is the intent of the Legislature for the following outcomes
to be achieved through the WCRTS program:
(1) Preserving family unity.
(2) Promoting healthy pregnancies.
(3) Enabling children to thrive.
(4) Freeing women and their families from substance abuse.
(c) It is also the intent of the Legislature for the State
Department of Alcohol and Drug Programs
Health Care Services to work collaboratively with counties and
the eight WCRTS programs receiving funds from the Women's and
Children's Residential Treatment Services Special Account under the
2011 realignment to develop reporting requirements. It is the intent
of the Legislature that, to the extent that WCRTS programs report to
the counties, the counties annually report data on the outcomes
achieved by the WCRTS program to the department and for the
department to annually report to the appropriate budget committees of
the Legislature on the fiscal and programmatic status of the WCRTS
program.
(d) Any county may establish a WCRTS program designed to meet the
goals and produce the same outcomes as described in this section.
SEC. 33. Section 1 1758.03 of the
Health and Safety Code is amended to read:
11758.03. "Department" means the State Department of
Alcohol and Drug Programs. Health Care Services.
SEC. 34. Section 11758.06 of the Health
and Safety Code is amended t o read:
11758.06. (a) On or before July 1, 2004, and on or before January
1, 2009, as specified in subdivision (c), the department shall place
on its Internet Web site information on drug overdose trends in
California, including county and state death rates, from existing
data, in order to ascertain changes in the causes or rates of fatal
and nonfatal drug overdoses for the preceding five years.
(b) The information required by subdivision (a) shall
include , include, to the extent available, data
on all of the following:
(1) Trends in drug overdose death rates by county or city, or
both.
(2) Suggested improvements in data collection.
(3) A description of interventions that may be effective in
reducing the rate of fatal or nonfatal drug overdoses.
(c) The information required by subdivision (a) to be placed on
the department's Internet Web site shall remain on the Internet Web
site for a period of not less than six months. The department shall
update the information required pursuant to subdivision (a) and shall
place the updated information on the Internet Web site on or before
January 1, 2009, for a period of not less than six months.
(d) This section shall become inoperative on July 1, 2013.
SEC. 35. Section 11759.5 is added to the
Health and Safety Code , to read:
11759.5. This chapter shall become inoperative on July 1, 2013.
SEC. 36. Section 11773 of the Health
and Safety Code is amended to read:
11773. (a) Subject to Section 11773.1, the department shall
develop and implement a statewide prevention campaign designed to
deter the abuse of methamphetamine in California.
(b) (1) The department may design the campaign to deter initial
and continued use of methamphetamine.
(2) The department may also design the campaign to target
communities or populations that use methamphetamine at a greater rate
than the general population, communities or populations in which the
transmission and contraction of HIV and AIDS, hepatitis C, and other
diseases is significantly related to methamphetamine use,
communities or populations in which the use of methamphetamine is
likely to have a negative effect on children, communities or
populations at risk due to the environmental damage caused by the
methamphetamine production, and any other community or population
that is at a high risk of methamphetamine use or addiction.
(3) In determining the intended audience of the campaign, the
department shall give priority to communities or populations in which
the use of methamphetamine is most likely to be deterred by the
campaign. In determining which communities or populations to include
in the audience of the campaign, the department shall rely on
evidence from published reports, the experience of other drug abuse
prevention programs, and other relevant sources.
(c) (1) The department shall, in the implementation of the
program, use a variety of media to convey its messages to its
intended audiences. This media may include, but need not be limited
to, television, radio, billboards, print media, and the Internet.
(2) The department may use a variety of marketing and community
outreach programs to convey its message, including, but not limited
to, programs at schools, fairs, conventions, and other venues.
(3) The department shall conduct and base the development of its
messages on market research, including, but not limited to, opinion
polling and focus groups, to determine which messages would be most
effective in deterring methamphetamine use within particular
communities or populations.
(d) The department may incorporate information regarding drug
addiction treatment programs into messages meant for individuals who
are addicted to methamphetamine.
(e) In implementing the campaign, the department shall work with
public and private organizations to extend its message to a wide
range of venues and media outlets.
(f) The department may contract with private or public
organizations for the development and implementation of the campaign.
(g) The department shall conduct research to measure the effect of
the prevention campaign and shall annually report its findings to
the chairpersons of the appropriate Senate and Assembly Health
committees.
(h) This section shall become inoperative on July 1, 2013.
SEC. 37. Section 11773.1 of the Health
and Safety Code is amended to read:
11773.1. (a) The department may accept voluntary contributions,
in cash or in-kind, to pay for the costs of implementing the program
under this article. Voluntary contributions shall be deposited into
the California Methamphetamine Abuse Prevention Account, which is
hereby created in the State Treasury. Only private moneys, donated
for the purposes of this article, may be deposited into the account.
Moneys in the account are hereby appropriated to the department for
the purposes of this article for the 2006-07 fiscal year. The
Legislature may appropriate moneys in the account for subsequent
fiscal years in the annual Budget Act or any other act.
(b) Notwithstanding subdivision (a), during the 2006-07 fiscal
year, the department shall develop and implement the campaign
established under this article only upon a determination by the
Director of Finance that sufficient private donations have been
collected and deposited into the California Methamphetamine Abuse
Prevention Account. If sufficient funds are collected and deposited,
the Director of Finance shall file a written notice thereof with the
Secretary of State.
(c) Except as provided in subdivision (b) of Section 11773.2, for
purposes of this article, "sufficient private donations" means funds
in the amount of at least twelve million dollars ($12,000,000).
(d) This section shall become inoperative on July 1, 2013.
SEC . 38. Section 11773.2 of the
Health and Safety Code is amended to read:
11773.2. (a) Notwithstanding Section 11773.1, during the 2006-07
fiscal year, the department may develop and implement a limited
campaign to deter the abuse of methamphetamine by limiting the
intended audience of the campaign in accordance with paragraphs (2)
and (3) of subdivision (b) of Section 11773, only upon a
determination by the Director of Finance that sufficient private
donations have been collected and deposited into the California
Methamphetamine Abuse Prevention Account. If sufficient funds are
collected and deposited in the account, the Director of Finance shall
file a written notice thereof with the Secretary of State.
(b) For purposes of this section, "sufficient private donations"
means funds in the amount of at least five hundred thousand dollars
($500,000). Nothing in this section shall be construed to require the
department to implement a campaign where the cost of the campaign
would exceed the private donations available for the campaign in the
California Methamphetamine Abuse Prevention Account.
(c) This section shall become inoperative on July 1, 2013.
SEC. 39. Section 11773.3 of the Health
and Safety Code is amended to read:
11773.3. (a) Any funds that are
not expended or encumbered for purposes of this article 730 days
after being deposited into the California Methamphetamine Abuse
Prevention Account shall be returned to the private donor.
(b) This section shall become inoperative on July 1, 2013.
SEC. 40. Section 11776 of the Health
and Safety Code is amended to read:
11776. The department shall confer and cooperate with other state
agencies whose responsibilities include alleviating the problems
related to inappropriate alcohol use and other drug use in order to
maximize the state's effectiveness and limited resources in these
efforts. These agencies shall include, but are not limited to, the
Departments of Alcoholic Beverage Control, Corrections and
Rehabilitation, Industrial Relations, Motor Vehicles, and
Rehabilitation, the State Departments of Developmental Services,
Education, Health Care Services, Public Health,
and Social Services, the Employment Development Department, and the
Office of Traffic Safety.
SEC. 41. Section 11798 of the Health and
Safety Code is amended to read:
11798. (a) Counties that apply for funds to provide alcohol and
other drug abuse services shall prepare and submit a contract for
alcohol and other drug abuse services to the department. The contract
shall include a budget for all funds sources to be used to provide
alcohol and other drug abuse services. The funds identified in the
contract shall be used exclusively for county alcohol and other drug
abuse services to the extent that the activities meet the
requirements for receipt of the federal block grant funds for
prevention and treatment of substance abuse described in Subchapter
XVII of Chapter 6A of Title 42 of the United States Code and shall be
separately identified and accounted for. The county shall report
utilization of those funds in an annual cost report pursuant to
subdivision (b) of Section 11798.1.
(b) The contract shall include provisions to ensure both of the
following:
(1) The appropriate expenditures of funds necessary to meet the
requirements for receipt of federal block grant funds for prevention
and treatment of substance abuse described in Subchapter XVII of
Chapter 6A of Title 42 of the United States Code and other applicable
federal provisions for funds.
(2) The provision of information necessary for the department to
meet its oversight function, including, but not limited to, any
required auditing, reporting, and data collection.
(c) The contract shall specify the type, scope, and cost of the
services to be provided.
(d) The department, after consultation with county alcohol and
drug program administrators, shall develop standardized forms to be
used by the counties in the development and submission of the
contracts. The forms shall include terms and conditions relative to
county compliance with applicable laws.
(e) Net negotiated amount contracts that are in effect at the time
that the act that added this section is enacted shall be deemed
contracts for alcohol and other drug abuse services for purposes of
this section.
(f)
(e) Performance requirements shall be included within
the terms of the contract and shall include, at a minimum, all of the
following:
(1) A provision for an adequate quality and quantity of service.
(2) A provision for access to services for at-risk populations.
(3) A provision requiring that all funds allocated by the state
for alcohol and other drug programs shall be used exclusively for the
purpose for which those funds are distributed.
(4) A provision requiring that performance be in compliance with
applicable state and federal laws, regulations, and standards.
(5) Estimated numbers and characteristics of clients-participants
by type of service.
(g)
(f) The contract shall include a provision that allows
the department access to financial and service records of the county
and contractors of the county for the purpose of auditing the
requirements in the contract and establishing the data necessary to
meet federal auditing and reporting requirements.
(h)
(g) The contract shall include a provision for
resolution of disputed audit findings.
(i)
(h) Where two or more counties jointly establish
substance use programs or where a county contracts to provide
services in another county pursuant to Section 11796, information
regarding the arrangement shall be included in the contract for
alcohol and other drug abuse services.
(j)
(i) The contract shall include a provision requiring
the county to ensure the security of client records as required by
state and federal law.
(k)
(j) The contract shall be presented for public input,
review, and comment, and the final contract shall be posted on the
county's Internet Web site.
(l)
(k) (1) Notwithstanding the rulemaking provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the department may implement,
interpret, or make specific this section by means of all-county
letters, plan letters, plan or provider bulletins, or similar
instructions from the department until regulations are adopted
pursuant to that chapter of the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this section that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review by the Office of Administrative Law. The
initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
SEC. 42. Section 11798.1 of the Health
and Safety Code is repealed.
11798.1. (a) Counties may each develop and operate their alcohol
and other drug abuse programs that would otherwise be required under
this division, as one coordinated program in each county. Counties
may combine their alcohol and drug advisory boards, their alcohol and
other drug plans, their alcohol and drug budgets, and the submission
deadlines for alcohol and other drug budgets and cost reports
pursuant to subdivision (b), and the administration of programs at
both the county and provider levels.
(b) A county may, by resolution of its board of supervisors,
develop and operate alcohol and other drug abuse programs as one
coordinated system. In establishing coordinated systems with combined
alcohol and other drug services counties shall do all of the
following:
(1) Report all of the following to the department:
(A) Utilization of all funds allocated by the department to the
county in a combined annual cost report pursuant to state and federal
requirements.
(B) All information necessary for the department to administer
this section, including, but not limited to, information needed to
meet federal reporting requirements. This information shall be
reported on a form developed by the department in consultation with
the County Alcohol and Drug Programs Administrators Association of
California.
(2) Combine drug and alcohol administrations in performance of
alcohol and other drug program administrative duties pursuant to
Section 11801.
(3) Require combined programs, for planning and reimbursement
purposes, to assess or categorize program participants at the time of
admission and discharge with regard to whether their primary
treatment needs are related to abuse of alcohol or of other drugs.
(4) Ensure that combined programs comply with statewide program
standards developed pursuant to regulations adopted by the department
in consultation with the alcohol and drug administrators.
(c) A county operating a coordinated system under this section
shall assess or categorize a program participant at the time of
admission and discharge as having problems primarily with abuse of
either alcohol or of other drugs for purposes of federal
reimbursement as required by federal law and report information to
the department in a form consistent with existing data collection
systems.
(d) (1) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement, interpret, or
make specific the amendments to this section made by the act that
added this subdivision by means of all-county letters, plan letters,
plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this section that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations implementing
this section and the one readoption of emergency regulations
authorized by this subdivision shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
one readoption of emergency regulations authorized by this section
shall be exempt from review by the Office of Administrative Law. The
initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each shall remain in effect for no more than 180 days, by which
time final regulations may be adopted.
SEC. 43. Section 11812.6 of the Health
and Safety Code is amended to read:
11812.6. (a) In addition to
any other services authorized under this chapter, the department
shall urge the county to develop within existing resources specific
policies and procedures to address the unique treatment problems
presented by persons who are both mentally disordered and chemically
dependent. Priority may be given to developing policies and
procedures that relate to the diagnosis and treatment of homeless
persons who are mentally disordered and chemically dependent.
(b) The director shall consult with the Director of Health Care
Services in developing guidelines for county mental health and
alcohol and drug treatment programs in order to comply with this
section.
SEC. 44. Section 11820.1 of the Health
and Safety Code is repealed.
11820.1. The department shall work together with the Office of
Statewide Health Planning and Development and any other statewide
health planning agencies created pursuant to Public Law 93-641 in the
preparation and implementation of the state health plan required
under that act. The department shall seek the advice and comments of
public and private agencies and individuals concerned with alcohol
and other drug problems prior to submission by the department of any
draft plans to the office.
SEC. 45. Section 11836.16 of the Health
and Safety Code is amended to read:
11836.16. The State Department of Alcohol and Drug
Programs Health Care Services shall adopt
regulations for satellite offices of driving-under-the-influence
programs. The regulations shall include, but not be limited to, any
limitations on where a satellite office may be located and the
minimum and maximum number of clients to whom a satellite office may
provide services. When adopting regulations pursuant to this section,
the department shall also consider an appropriate licensing
procedure for these offices. For purposes of this section, a
"satellite office" is an offsite location of an existing licensed
driving-under-the-influence program.
SEC. 46. Section 11837 of the Health
and Safety Code is amended to read:
11837. (a) Pursuant to the provisions of law relating to
suspension of a person's privilege to operate a motor vehicle upon
conviction for driving while under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic
beverage and any drug, as set forth in paragraph (3) of subdivision
(a) of Section 13352 of the Vehicle Code, the Department of Motor
Vehicles shall restrict the driving privilege pursuant to Section
13352.5 of the Vehicle Code, if the person convicted of that offense
participates for at least 18 months in a driving-under-the-influence
program that is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and
counseling services program pursuant to Section 23538 of the Vehicle
Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or
23568 of the Vehicle Code, in a licensed 18-month or 30-month
program, the court may consider any relevant information about the
person made available pursuant to a presentence investigation, that
is permitted but not required under Section 23655 of the Vehicle
Code, or other screening procedure. That information shall not be
furnished, however, by any person who also provides services in a
privately operated, licensed program or who has any direct interest
in a privately operated, licensed program. In addition, the court
shall obtain from the Department of Motor Vehicles a copy of the
person's driving record to determine whether the person is eligible
to participate in a licensed 18-month or 30-month program pursuant to
this chapter. When preparing a presentence report for the court, the
probation department may consider the suitability of placing the
defendant in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol or
controlled substance problem. If the probation department recommends
that this type of program is a suitable option for the defendant, the
defendant who would like the court to consider this option shall
obtain from his or her physician a prescription for the medication,
and a finding that the treatment is medically suitable for the
defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first offender
whose concentration of alcohol in his or her blood was less than 0.20
percent, by weight, to participate for at least three months or
longer, as ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person's blood was 0.20 percent or
more, by weight, or the person refused to take a chemical test, the
court shall order the person to participate, for at least nine months
or longer, as ordered by the court, in a licensed program that
consists of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(d) (1) The State Department of Alcohol and Drug Programs
shall Health Care Services may specify in
regulations the activities required to be provided in the treatment
of participants receiving nine months of licensed program services
under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the Vehicle
Code.
(e) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though the
person's privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section 23542
or 23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code may include
treatment of family members and significant other persons related to
the convicted person with the consent of those family members and
others as described in this chapter, if there is no increase in the
costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate in
the abstract of the record of the court that is forwarded to the
department.
(g) This section shall become operative on September 20, 2005.
SEC. 47. Section 11839.1 of the Health
and Safety Code is amended to read:
11839.1. The Legislature finds and declares that it is in the
best interests of the health and welfare of the people of this state
to coordinate narcotic treatment programs to use replacement
narcotic replacement therapy in the treatment
of addicted persons whose addiction was acquired or supported by the
use of a narcotic drug or drugs, not in compliance with a physician
and surgeon's legal prescription, and to establish and enforce
minimum requirements for the operation of all narcotic treatment
programs in this state.
SEC. 48. Section 11839.2 of the Health
and Safety Code is amended to read:
11839.2. The following controlled substances are authorized for
use in replacement narcotic replacement
therapy by licensed narcotic treatment programs:
(a) Methadone.
(b) Levoalphacetylmethadol (LAAM) as specified in paragraph (10)
of subdivision (c) of Section 11055.
(c) Buprenorphine products or combination of products approved by
the federal Food and Drug Administration for maintenance or
detoxification of opioid dependence.
(d) Any other federally approved, controlled substances used for
the purpose of narcotic replacement treatment.
SEC. 49. Section 11839.3 of the Health
and Safety Code is amended to read:
11839.3. (a) In addition to the duties authorized by other
statutes, the department shall perform all of the following:
(1) License the establishment of narcotic treatment programs in
this state to use replacement narcotic
replacement therapy in the treatment of addicted persons whose
addiction was acquired or supported by the use of a narcotic drug or
drugs, not in compliance with a physician and surgeon's legal
prescription, except that the Research Advisory Panel shall have
authority to approve methadone or LAAM research programs. The
department shall establish and enforce the criteria for the
eligibility of patients to be included in the programs, program
operation guidelines, such as dosage levels, recordkeeping and
reporting, urinalysis requirements, take-home doses of
methadone, controlled substances authorized for use
pursuant to Section 11839.2, security against redistribution of
the replacement narcotic replacement
drugs, and any other regulations that are necessary to protect the
safety and well-being of the patient, the local community, and the
public, and to carry out this chapter. A program may admit a patient
to narcotic maintenance or narcotic detoxification treatment seven
days after completion of a prior withdrawal treatment episode. The
arrest and conviction records and the records of pending charges
against any person seeking admission to a narcotic treatment program
shall be furnished to narcotic treatment program directors upon
written request of the narcotic treatment program director provided
the request is accompanied by a signed release from the person whose
records are being requested.
(2) Inspect narcotic treatment programs in this state and ensure
that programs are operating in accordance with the law and
regulations. The department shall have sole responsibility for
compliance inspections of all programs in each county. Annual
compliance inspections shall consist of an evaluation by onsite
review of the operations and records of licensed narcotic treatment
programs' compliance with applicable state and federal laws and
regulations and the evaluation of input from local law enforcement
and local governments, regarding concerns about the narcotic
treatment program. At the conclusion of each inspection visit, the
department shall conduct an exit conference to explain the cited
deficiencies to the program staff and to provide recommendations to
ensure compliance with applicable laws and regulations. The
department shall provide an inspection report to the licensee within
30 days of the completed onsite review describing the program
deficiencies. A corrective action plan shall be required from the
program within 30 days of receipt of the inspection report. All
corrective actions contained in the plan shall be implemented within
30 days of receipt of approval by the department of the corrective
action plan submitted by the narcotic treatment program. For programs
found not to be in compliance, a subsequent inspection of the
program shall be conducted within 30 days after the receipt of the
corrective action plan in order to ensure that corrective action has
been implemented satisfactorily. Subsequent inspections of the
program shall be conducted to determine and ensure that the
corrective action has been implemented satisfactorily. For purposes
of this requirement, "compliance" shall mean to have not committed
any of the grounds for suspension or revocation of a license provided
for under subdivision (a) of Section 11839.9 or paragraph (2) of
subdivision (b) of Section 11839.9. Inspection of narcotic treatment
programs shall be based on objective criteria including, but not
limited to, an evaluation of the programs' adherence to all
applicable laws and regulations and input from local law enforcement
and local governments. Nothing in this section shall preclude
counties from monitoring their contract providers for compliance with
contract requirements.
(3) Charge and collect licensure fees. In calculating the
licensure fees, the department shall include staff salaries and
benefits, related travel costs, and state operational and
administrative costs. Fees shall be used to offset licensure and
inspection costs not to exceed actual costs.
(4) Study and evaluate, on an ongoing basis, narcotic treatment
programs including, but not limited to, the adherence of the programs
to all applicable laws and regulations and the impact of the
programs on the communities in which they are located.
(5) Provide advice, consultation, and technical assistance to
narcotic treatment programs to ensure that the programs comply with
all applicable laws and regulations and to minimize any negative
impact that the programs may have on the communities in which they
are located.
(6) In its discretion, to approve local agencies or bodies to
assist it in carrying out this chapter provided that the department
may not delegate responsibility for inspection or any other licensure
activity without prior and specific statutory approval. However, the
department shall evaluate recommendations made by county alcohol and
drug program administrators regarding licensing activity in their
respective counties.
(7) The director may grant exceptions to the regulations adopted
under this chapter if he or she determines that this action would
improve treatment services or achieve greater protection to the
health and safety of patients, the local community, or the general
public. No exception may be granted if it is contrary to, or less
stringent than, the federal laws and regulations which govern
narcotic treatment programs.
(b) It is the intent of the Legislature in enacting this section
in order to protect the general public and local communities, that
self-administered dosage shall only be provided when the patient is
clearly adhering to the requirements of the program, and where daily
attendance at a clinic would be incompatible with gainful employment,
education, and responsible homemaking. The department shall define
"satisfactory adherence" and shall ensure that patients not
satisfactorily adhering to their programs shall not be provided
take-home dosage.
(c) There is established in the State Treasury the Narcotic
Treatment Program Licensing Trust Fund. All licensure fees collected
from the providers of narcotic treatment service shall be deposited
in this fund. Except as otherwise provided in this section, if funds
remain in this fund after appropriation by the Legislature and
allocation for the costs associated with narcotic treatment licensure
actions and inspection of narcotic treatment programs, a percentage
of the excess funds shall be annually rebated to the licensees based
on the percentage their licensing fee is of the total amount of fees
collected by the department. A reserve equal to 10 percent of the
total licensure fees collected during the preceding fiscal year may
be held in each trust account to reimburse the department if the
actual cost for the licensure and inspection exceed fees collected
during a fiscal year.
(d) Notwithstanding any provision of this code or regulations to
the contrary, the department shall have sole responsibility and
authority for determining if a state narcotic treatment program
license shall be granted and for administratively establishing the
maximum treatment capacity of any license. However, the department
shall not increase the capacity of a program unless it determines
that the licensee is operating in full compliance with applicable
laws and regulations.
SEC. 50. Section 11839.5 of the Health
and Safety Code is amended to read:
11839.5. In addition to the duties authorized by other
provisions, the department shall be responsible for licensing
narcotic treatment programs to use replacement
narcotic replacement therapy in the treatment of addicted
persons whose addiction was acquired or supported by the use of a
narcotic drug or drugs, not in compliance with a physician and
surgeon's legal prescription. No narcotic treatment program shall be
authorized to use replacement narcotic
replacement therapy without first obtaining a license therefor
as provided in this chapter. The department may license narcotic
treatment programs on an inpatient or outpatient
basis, or both. The department may also grant
a state narcotic treatment license.
SEC. 51. Section 11839.7 of the Health
and Safety Code is amended to read:
11839.7. (a) (1) Each narcotic treatment program authorized to
use replacement narcotic replacement
therapy in this state, except narcotic treatment research programs
approved by the Research Advisory Panel, shall be licensed by the
department.
(2) Each narcotic treatment program, other than a program owned
and operated by the state, county, city, or city and county, shall,
upon application for licensure and for renewal of a license, pay an
annual license fee to the department. July 1 shall be the annual
license renewal date.
(3) The department shall set the licensing fee at a level
sufficient to cover all departmental costs associated with licensing
incurred by the department, but the fee shall not, except as
specified in this section, increase at a rate greater than the
Consumer Price Index. The fees shall include the department's share
of pro rata charges for the expenses of state government. The fee may
be paid quarterly in arrears as determined by the department. Fees
paid quarterly in arrears shall be due and payable on the last day of
each quarter except for the fourth quarter for which payment shall
be due and payable no later than May 31. A failure of a program to
pay renewal license fees by the due date shall give rise to a civil
penalty of one hundred dollars ($100) a day for each day after the
due date. Second and subsequent inspection visits to narcotic
treatment programs that are operating in noncompliance with the
applicable laws and regulations shall be charged a rate of one-half
the program's annual license fee or one thousand dollars ($1,000),
whichever is less, for each visit.
(4) Licensing shall be contingent upon determination by the
department that the program is in compliance with applicable laws and
regulations and upon payment of the licensing fee. A license shall
not be transferable.
(5) (A) As used in this chapter, "quarter" means July, August, and
September; October, November, and December; January, February, and
March; and April, May, and June.
(B) As used in this chapter, "license" means a basic permit to
operate a narcotic treatment program. The license shall be issued
exclusively by the department and operated in accordance with a
patient capacity that shall be specified, approved, and monitored
solely by the department.
(b) Each narcotic treatment program, other than a program owned
and operated by the state, county, city, or city and county, shall be
charged an application fee that shall be at a level sufficient to
cover all departmental costs incurred by the department in processing
either an application for a new program license, or an application
for an existing program that has moved to a new location.
(c) Any licensee that increases fees to the patient, in response
to increases in licensure fees required by the department, shall
first provide written disclosure to the patient of that amount of the
patient fee increase that is attributable to the increase in the
licensure fee. This provision shall not be construed to limit patient
fee increases imposed by the licensee upon any other basis.
SEC. 52. Section 11839.9 of the Health
and Safety Code is amended to read:
11839.9. (a) The director shall suspend or revoke any license
issued under this article, or deny an application to renew a license
or to modify the terms and conditions of a license, upon any
violation by the licensee of this article or regulations adopted
under this article that presents an imminent danger of death or
severe harm to any participant of the program or a member of the
general public.
(b) The director may suspend or revoke any license issued under
this article, or deny an application to renew a license or to modify
the terms and conditions of a license, upon any of the following
grounds and in the manner provided in this article:
(1) Violation by the licensee of any laws or regulations of the
Substance Abuse and Mental Health Services Administration or the
United States Department of Justice, Drug Enforcement Administration,
that are applicable to narcotic treatment programs.
(2) Any violation that relates to the operation or maintenance of
the program that has an immediate relationship to the physical
health, mental health, or safety of the program participants or
general public.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions set forth in subdivision
(a) or in paragraph (1) or (2).
(4) Conduct in the operation of a narcotic treatment program that
is inimical to the health, welfare, or safety of an individual in, or
receiving services from, the program, the local community, or the
people of the State of California.
(5) The conviction of the licensee or any partner, officer,
director, 10 percent or greater shareholder, or person employed under
the authority of subdivision (c) of Section 2401 of the Business and
Professions Code at any time during licensure, of a crime
substantially related to the qualifications, functions, or duties of,
or relating to, a narcotic treatment program licensee.
(6) The commission by the licensee or any partner, officer,
director, 10 percent or greater shareholder, or person employed under
the authority of subdivision (c) of Section 2401 of the Business and
Professions Code at any time during licensure, of any act involving
fraud, dishonesty, or deceit, with the intent to substantially
benefit himself or herself or another, or substantially to injure
another, and that act is substantially related to the qualifications,
functions, or duties of, or relating to, a narcotic treatment
program licensee.
(7) Diversion of narcotic drugs. A program's failure to maintain a
narcotic drug reconciliation system that accounts for all incoming
and outgoing narcotic drugs, as required by departmental or federal
regulations, shall create a rebuttable presumption that narcotic
drugs are being diverted.
(8) Misrepresentation of any material fact in obtaining the
narcotic treatment program license.
(9) Failure to comply with a department order to cease admitting
patients or to cease providing patients with take-home dosages of
replacement narcotic replacement drugs.
(10) Failure to pay any civil penalty assessed pursuant to
paragraph (3) of subdivision (a) of Section 11839.16 where the
penalty has become final, unless payment arrangements acceptable to
the department have been made.
(11) The suspension or exclusion of the licensee or any partner,
officer, director, 10 percent or greater shareholder, or person
employed under the authority of subdivision (c) of Section 2401 of
the Business and Professions Code from the Medicare, medicaid, or
Medi-Cal programs.
(c) Prior to issuing an order pursuant to this section, the
director shall ensure continuity of patient care by the program's
guarantor or through the transfer of patients to other licensed
programs. The director may issue any needed license or amend any
other license in an effort to ensure that patient care is not
impacted adversely by an order issued pursuant to this section.
SEC. 53. Section 11839.26 of the Health
and Safety Code is amended to read:
11839.26. The State Department of Health Care Services
shall enforce this article and the rules and regulations adopted
pursuant to this article by the department.
article.
SEC. 54. Section 11842 of the Health and
Safety Code is amended to read:
11842. As used in this chapter, "narcotic and drug abuse program"
means any program that provides any service of care, treatment,
rehabilitation, counseling, vocational training, self-improvement
classes or courses, replacement narcotic
replacement therapy in maintenance or detoxification treatment,
or other medication services for detoxification and treatment, and
any other services that are provided either public or private,
whether free of charge or for compensation, which services are
intended in any way to alleviate the problems of narcotic addiction
or habituation or drug abuse addiction or habituation or any problems
in whole or in part related to the problem of narcotics addiction or
drug abuse, or any combination of these problems.
SEC. 55. Section 11842.5 of the Health
and Safety Code is amended to read:
11842.5. As used in this chapter, an alcohol and other drug abuse
program includes, but is not limited to:
(a) Residential programs that provide a residential setting and
services such as detoxification, counseling, care, treatment, and
rehabilitation in a live-in facility.
(b) Drop-in centers that are established for the purpose of
providing counseling, advice, or a social setting for one or more
persons who are attempting to understand, alleviate, or cope with
their problems of alcohol and other drug abuse.
(c) Crisis lines that provide a telephone answering service that
provides, in whole or in part, crisis intervention, counseling, or
referral, or that is a source of general drug abuse information.
(d) Free clinics that are established for the purpose, either in
whole or in part, of providing any medical or dental care, social
services, or treatment, or referral to these services for those
persons recognized as having a problem of narcotics addiction or drug
abuse. Free clinics include primary care clinics licensed under
paragraph (2) of subdivision (a) of Section 1204.
(e) Detoxification centers that are established for the purpose of
detoxification from drugs, regardless of whether or not narcotics,
restricted dangerous drugs, or other medications are administered in
the detoxification and whether detoxification takes place in a
live-in facility or on an outpatient basis.
(f) Narcotic treatment programs, whether inpatient or outpatient,
that offer replacement narcotic replacement
therapy and maintenance, detoxification, or other services, in
conjunction with that replacement narcotic therapy.
(g) Chemical dependency programs, whether inpatient or outpatient
and whether in a hospital or nonhospital setting, that offer a set
program of treatment and rehabilitation for persons with a chemical
dependency that is not primarily an alcohol dependency.
(h) Alcohol and other drug prevention programs that promote
positive action that changes the conditions under which the
drug-taking behaviors to be prevented are most likely to occur and a
proactive and deliberate process that promotes health and well-being
by empowering people and communities with resources necessary to
confront complex and stressful life conditions.
(i) Nonspecific drug programs that have not been specifically
mentioned in subdivisions (a) to (h), inclusive, but that provide or
offer to provide, in whole or in part, for counseling, therapy,
referral, advice, care, treatment, or rehabilitation as a service to
those persons suffering from alcohol and other drug addiction, or
alcohol and other drug abuse related problems that are either
physiological or psychological in nature.
SEC. 56. Section 11844 of the Health
and Safety Code is repealed.
11844. Registration under this chapter shall include registration
of all of the following information concerning the particular
narcotic and drug abuse program or alcohol and other drug abuse
program registering:
(a) A description of the services, programs, or activities
provided by the narcotic and drug abuse program and the types of
patients served.
(b) The address of each facility at which the services, programs,
or activities are furnished.
(c) The names and addresses of the persons or agencies responsible
for the direction and operation of the narcotic and drug abuse
program or alcohol and other drug abuse program.
SEC. 57. Section 11844.5 of the Health
and Safety Code is repealed.
11844.5. Registration under this part does not constitute the
approval or endorsement of the narcotic and drug abuse program or
alcohol and other drug abuse program by any state or county officer,
employee, or agency.
SEC. 58. Section 11845 of the Health
and Safety Code is repealed.
11845. For the purpose of this chapter, registration shall not be
required for those programs that provide alcohol and other drug
abuse education in public or private schools as a matter of and in
conjunction with a general education of students. This chapter does
not require registration of law enforcement agencies that provide
alcohol and other drug abuse education in the course of their normal
performance of duties. Nothing in this chapter shall prohibit
registration of these programs of education or law enforcement if the
law enforcement and education agencies so desire.
SEC. 59. Section 11847 of the Health
and Safety Code is amended to read:
11847. The Legislature hereby finds and declares that it is
essential to the health and welfare of the people of this state that
action be taken by state government to effectively and economically
utilize federal and state funds for narcotic and alcohol and other
drug abuse prevention, care, treatment, and rehabilitation services.
To achieve this, it is necessary that all of the following occur:
(a) Existing fragmented, uncoordinated, and duplicative narcotic
and alcohol and other drug abuse programs be molded into a
comprehensive and integrated statewide program for the prevention of
narcotic and alcohol and other drug abuse and for the care,
treatment, and rehabilitation of narcotic addicts and alcohol and
other drug users.
(b) Responsibility and authority for planning programs and
activities for prevention, care, treatment, and rehabilitation of
narcotic addicts be concentrated in the department. It is the intent
of the Legislature to assign responsibility and grant authority for
planning narcotic and alcoholic and other drug abuse prevention,
care, treatment, and rehabilitation programs to the department whose
functions shall be subject to periodic review by the Legislature and
appropriate federal agencies.
(c) The department succeeds to, and is vested with, all the
duties, powers, purposes, responsibilities, and jurisdiction with
regard to substance abuse formerly vested in the State Department of
Health. Alcohol and Drug Programs.
SEC. 60. Section 11970 of the Health and
Safety Code is amended to read:
11970. (a) This article shall be known and may be cited as the
Comprehensive Drug Court Implementation Act of 1999.
(b) The State Department of Alcohol and Drug Programs shall
provide oversight of this article.
(c) The department and the Judicial Council shall design and
implement this article through the Drug Court Partnership Executive
Steering Committee established under the former Drug Court
Partnership Act of 1998 pursuant to former Section 11970, for the
purpose of funding cost-effective local drug court systems for
adults, juveniles, and parents of children who are detained by, or
are dependents of, the juvenile court.
(d) This section shall become inoperative on July 1, 2013.
SEC. 61. Section 11970.5 is added to the
Health and Safety Code , to read:
11970.5. (a) This article shall be known and may be cited as the
Drug Court Programs Act.
(b) This section shall become operative on July 1, 2013.
SEC. 62. Section 11973 of the Health
and Safety Code is amended to read:
11973. (a) It is the intent of the Legislature that dependency
drug courts be funded unless an evaluation of cost avoidance as
provided in this section with respect to child welfare services and
foster care demonstrates that the program is not cost effective.
(b) The State Department of Social Services, in collaboration with
the State Department of Alcohol and Drug Programs and the Judicial
Council, shall conduct an evaluation of cost avoidance with respect
to child welfare services and foster care pursuant to this section.
These parties shall do all of the following:
(1) Consult with legislative staff and at least one representative
of an existing dependency drug court program who has experience
conducting an evaluation of cost avoidance, to clarify the elements
to be reviewed.
(2) Identify requirements, such as specific measures of cost
savings and data to be evaluated, and methodology for use of control
cases for comparison data.
(3) Whenever possible, use existing evaluation case samples to
gather the necessary additional data.
(c) This section shall become inoperative on July 1, 2013.
SEC. 63. Section 11975 of the Health
and Safety Code is amended to read:
11975. (a) This article shall be known and may be cited as the
Drug Court Partnership Act of 2002.
(b) The Drug Court Partnership Program, as provided for in this
article, shall be administered by the State Department of Alcohol and
Drug Programs for the purpose of providing assistance to drug courts
that accept only defendants who have been convicted of felonies. The
department and the Judicial Council shall design and implement this
program through the Drug Court Systems Steering Committee as
originally established by the department and the Judicial Council to
implement the former Drug Court Partnership Act of 1998 (Article 3
(commencing with Section 11970). 11970)).
(c) (1) The department shall require counties that participate in
the Drug Court Partnership Program to submit a revised multiagency
plan that is in conformance with the Drug Court Systems Steering
Committee's recommended guidelines. Revised multiagency plans that
are reviewed and approved by the department and recommended by the
Drug Court Systems Steering Committee shall be funded for the 2002-03
fiscal year under this article. The department, without a renewal of
the Drug Court Systems Steering Committee's original recommendation,
may disburse future year appropriations to the grantees.
(2) The multiagency plan shall identify the resources and
strategies for providing an effective drug court program exclusively
for convicted felons who meet the requirements of this article and
the guidelines adopted thereunder, and shall set forth the basis for
determining eligibility for participation that will maximize savings
to the state in avoided prison costs.
(3) The multiagency plan shall include, but not be limited to, all
of the following components:
(A) The method by which the drug court will ensure that the target
population of felons will be identified and referred to the drug
court.
(B) The elements of the treatment and supervision programs.
(C) The method by which the grantee will provide the specific
outcomes and data required by the department to determine state
prison savings or cost avoidance.
(D) Assurance that funding received pursuant to this article will
be used to supplement, rather than supplant, existing programs.
(d) Funds shall be used only for programs that are identified in
the approved multiagency plan. Acceptable uses may include, but shall
not be limited to, any of the following:
(1) Drug court coordinators.
(2) Training.
(3) Drug testing.
(4) Treatment.
(5) Transportation.
(6) Other costs related to substance abuse treatment.
(e) The department shall identify and design a data collection
instrument to determine state prison cost savings and avoidance from
this program.
(f) This section shall become inoperative on July 1, 2013.
SEC. 64. Section 11998.4 is added to the
Health and Safety Code , to read:
11998.4. This division shall become inoperative on July 1, 2013.
SEC. 65. Section 11999.1 of the Health
and Safety Code is amended to read:
11999.1. For the purpose of this division, the following
definitions apply:
(a) "Drug" means all of the following:
(1) Any controlled substance as defined in Division 10 (commencing
with Section 11000).
(2) Any imitation controlled substance as defined in Chapter 1
(commencing with Section 11670) of Division 10.1.
(3) Toluene or any substance or material containing toluene or any
substance with similar toxic qualities as set forth in Sections 380
and 381 of the Penal Code.
(b) "Drug- or alcohol-related program" means any program designed
to reduce the unlawful use of, or assist those who engage in the
unlawful use of, drugs or alcohol, whether through education,
prevention, intervention, treatment, enforcement, or other means.
(c) "Local agency" shall include, but is not limited to, a county,
a city, a city and county, and school district.
(d) "State agency" shall include the State Department of
Alcohol and Drug Programs, Health Care Services,
the State Department of Education, the Department of Justice, the
Office of Criminal Justice Planning, and the Office of Traffic
Safety. Any other state agency or department may comply with this
division.
SEC. 66. Section 11999.6 of the Health
and Safety Code is amended to read:
11999.6. Moneys deposited in the Substance Abuse Treatment Trust
Fund shall be distributed annually by the Secretary of California
Health and Human Services through the State Department of
Alcohol and Drug Programs Health Care Services
to counties to cover the costs of placing persons in and providing
drug treatment programs under this act, and vocational training,
family counseling, and literacy training under this act. Additional
costs that may be reimbursed from the Substance Abuse Treatment Trust
Fund include probation department costs, court monitoring costs, and
any miscellaneous costs made necessary by the provisions of this act
other than drug testing services of any kind. Incarceration costs
cannot be reimbursed from the fund. Those moneys shall be allocated
to counties through a fair and equitable distribution formula that
includes, but is not limited to, per capita arrests for controlled
substance possession violations and substance abuse treatment
caseload, as determined by the department as necessary to carry out
the purposes of this act. The department may reserve a portion of the
fund to pay for direct contracts with drug treatment service
providers in counties or areas in which the director of the
department has determined that demand for drug treatment services is
not adequately met by existing programs. However, nothing in this
section shall be interpreted or construed to allow any entity to use
funds from the Substance Abuse Treatment Trust Fund to supplant funds
from any existing fund source or mechanism currently used to provide
substance abuse treatment. In addition, funds from the Substance
Abuse Treatment Trust Fund shall not be used to fund in any way the
drug treatment courts established pursuant to Article 2
1 (commencing with Section 11970.1)
11970) or Article 3 2
(commencing with Section 11970.4)
11975) of Chapter 2 of Part 3 of Division 10.5, including drug
treatment or probation supervision associated with those drug
treatment courts.
SEC. 67. Section 11999.20 of the Health
and Safety Code is amended to read:
11999.20. (a) The State Department of
Alcohol and Drug Programs shall administer and award grants to
counties to supplement funding provided under the Substance Abuse and
Crime Prevention Act of 2000 for the purpose of funding substance
abuse testing for eligible offenders. Funding shall be used to
supplement, rather than supplant, funding for existing substance
abuse testing programs.
(b) This section shall become inoperative on July 1, 2013.
SEC. 68. Section 11999.25 of the Health
and Safety Code is amended to read:
11999.25. (a) To be eligible for a grant pursuant to this
division, a county shall have on file with the State Department of
Alcohol and Drug Programs an approved plan for implementing the
Substance Abuse and Crime Prevention Act of 2000.
(b) The county plan shall include a description of the process to
be used for substance abuse treatment and substance abuse testing of
probationers consistent with Sections 1210.1 and 1210.5, and
substance abuse treatment and substance abuse testing of parolees
consistent with Sections 3063.1 and 3063.2.
(c) The State Department of Alcohol and Drug Programs shall
establish a fair and equitable distribution formula for allocating
money to eligible counties.
(d) This section shall become inoperative on July 1, 2013.
SEC. 69. Section 11999.30 of the Health
and Safety Code is amended to read:
11999.30. (a) This division shall be known as the Substance Abuse
Offender Treatment Program. Funds distributed under this division
shall be used to serve offenders who qualify for services under the
Substance Abuse and Crime Prevention Act of 2000, including any
amendments thereto. Implementation of this division is subject to an
appropriation in the annual Budget Act.
(b) The department shall distribute funds for the Substance Abuse
Offender Treatment Program to counties that demonstrate eligibility
for the program, including a commitment of county general funds or
funds from a source other than the state, which demonstrates
eligibility for the program. The department shall establish a
methodology for allocating funds under the program, based on the
following factors:
(1) The percentage of offenders ordered to drug treatment that
actually begin treatment.
(2) The percentage of offenders ordered to treatment that
completed the prescribed course of treatment.
(3) Any other factor determined by the department.
(c) The distribution of funds for this program to each eligible
county shall be at a ratio of nine dollars ($9) for every one dollar
($1) of eligible county matching funds.
(d) County eligibility for funds under this division shall be
determined by the department according to specified criteria,
including, but not limited to, all of the following:
(1) The establishment and maintenance of dedicated court calendars
with regularly scheduled reviews of treatment progress for persons
ordered to drug treatment.
(2) The
existence or establishment of a drug court, or a similar approach,
and willingness to accept defendants who are likely to be committed
to state prison.
(3) The establishment and maintenance of protocols for the use of
drug testing to monitor offenders' progress in treatment.
(4) The establishment and maintenance of protocols for assessing
offenders' treatment needs and the placement of offenders at the
appropriate level of treatment.
(5) The establishment and maintenance of protocols for effective
supervision of offenders on probation.
(6) The establishment and maintenance of protocols for enhancing
the overall effectiveness of services to eligible parolees.
(e) The department, in its discretion, may limit administrative
costs in determining the amount of eligible county match, and may
limit the expenditure of funds provided under this division for
administrative costs. The department may also require a limitation on
the expenditure of funds provided under this division for services
other than direct treatment costs, as a condition of receipt of
program funds.
(f) To receive funds under this division, a county shall submit an
application to the department documenting all of the following:
(1) The county's commitment of funds, as required by subdivision
(b).
(2) The county's eligibility, as determined by the criteria set
forth in subdivision (d).
(3) The county's plan and commitment to utilize the funds for the
purposes of the program, which may include, but are not limited to,
all of the following:
(A) Enhancing treatment services for offenders assessed to need
them, including residential treatment and narcotic replacement
therapy.
(B) Increasing the proportion of sentenced offenders who enter,
remain in, and complete treatment, through activities and approaches
such as colocation of services, enhanced supervision of offenders,
and enhanced services determined necessary through the use of drug
test results.
(C) Reducing delays in the availability of appropriate treatment
services.
(D) Use of a drug court or similar model, including dedicated
court calendars with regularly scheduled reviews of treatment
progress, and strong collaboration by the courts, probation, and
treatment.
(E) Developing treatment services that are needed but not
available.
(F) Other activities, approaches, and services approved by the
department, after consultation with stakeholders.
(g) The department shall audit county expenditures of funds
distributed pursuant to this division. Expenditures not made in
accordance with this division shall be repaid to the state.
(h) The department shall consult with stakeholders and report
during annual budget hearings on additional recommendations for
improvement of programs and services, allocation and funding
mechanisms, including, but not limited to, competitive approaches,
performance-based allocations, and sources of data for measurement.
(i) (1) For the 2006-07 and 2007-08 fiscal years, the department
may implement this division by all-county letters or other similar
instructions, and need not comply with the rulemaking requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. Commencing with the 2008-09 fiscal
year, the department may implement this section by emergency
regulations, adopted pursuant to paragraph (2).
(2) Regulations adopted by the department pursuant to this
division shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this division shall be
filed with, but not be repealed by, the Office of Administrative Law
and shall remain in effect until revised by the department. Nothing
in this paragraph shall be interpreted to prohibit the department
from adopting subsequent amendments on a nonemergency basis or as
emergency regulations in accordance with the standards set forth in
Section 11346.1 of the Government Code.
(j) This division shall become inoperative on July 1, 2013.
SEC. 70. Section 120860 of the Health
and Safety Code is amended to read:
120860. (a) The department shall, in coordination with the State
Department of Alcohol and Drug Programs,
Health Care Services, develop a plan that assesses the need
for, a program of acquired immune deficiency syndrome (AIDS) primary
prevention, health education, testing, and counseling, specifically
designed for women and children, that shall be integrated, as the
department deems appropriate, into the following programs:
(1) The California Childrens Services Program provided for
pursuant to Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of Division 106.
(2) Programs under the Maternal and Child Health Branch of the
department.
(3) The Child Health Disability Prevention Program provided for
pursuant to Article 6 (commencing with Section 124025) of Chapter 3
of Part 2 of Division 106.
(4) The Genetic Disease Program, provided for pursuant to Sections
125000 and 125005.
(5) The Family Planning Programs, provided for pursuant to Chapter
8.5 (commencing with Section 14500) of Part 3 of Division 9 of the
Welfare and Institutions Code.
(6) The Rural and Community Health Clinics Program.
(7) The County Health Services Program, provided for pursuant to
Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare
and Institutions Code.
(8) The Sexually Transmitted Disease Program.
(9) Programs Substance use
disorder programs administered by the State Department of
Alcohol and Drug Programs. Health Care
Services.
(b) The AIDS-related services that shall be addressed in the plan
specified in this section shall include, but not be limited to, all
of the following:
(1) A variety of educational materials that are appropriate to the
cultural background and educational level of the program clientele.
(2) The availability of confidential HIV antibody testing and
counseling either onsite or by referral.
(c) Pursuant to subdivision (a), the plan shall include a method
to provide the educational materials specified in subdivision (b) and
appropriate AIDS-related training programs for those persons who
provide direct services to women and children receiving services
under the programs specified in this section.
(d) In order that the AIDS-related services plan provided through
the programs specified in this section be as effective as possible,
the department shall ensure that the educational materials and
training programs provided for each program specified in subdivision
(a) are developed in coordination with, and with input from, each of
the respective programs.
(e) Nothing in this section shall preclude the department from
incorporating the plan requirements into the department's annual
state AIDS plan, or any other reporting document relating to AIDS
deemed appropriate by the department.
SEC. 71. Section 124174.2 of the Health
and Safety Code is amended to read:
124174.2. (a) The department, in cooperation with the State
Department of Education, shall establish a Public School Health
Center Support Program.
(b) The program, in collaboration with the State Department of
Education, shall perform the following program functions:
(1) Provide technical assistance to school health centers on
effective outreach and enrollment strategies to identify children who
are eligible for, but not enrolled in, the Medi-Cal program, the
Healthy Families Program, or any other applicable program.
(2) Serve as a liaison between organizations within the
department, including, but not limited to, prevention services,
primary care, and family health.
(3) Serve as a liaison between other state entities, as
appropriate, including, but not limited to, the State Department of
Health Care Services, the State Department of
Alcohol and Drug Programs, the Department of
Managed Health Care, the California Office of
Emergency Management Agency, Services,
and the Managed Risk Medical Insurance Board.
(4) Provide technical assistance to facilitate and encourage the
establishment, retention, or expansion of, school health centers. For
purposes of this paragraph, technical assistance may include, but is
not limited to, identifying available public and private sources of
funding, which may include federal Medicaid funds, funds from
third-party reimbursements, and available federal or foundation grant
moneys.
(c) The department shall consult with interested parties and
appropriate stakeholders, including the California School Health
Centers Association and representatives of youth and parents, in
carrying out its responsibilities under this article.
SEC. 72. Section 124174.4 of the Health
and Safety Code is amended to read:
124174.4. The State Department of Education, in collaboration
with the department, shall perform the following functions:
(a) Coordination of programs within the State Department of
Education that support school health centers and programs within the
State Department of Health Care Services and the State
Department of Alcohol and Drug Programs, Services,
where appropriate.
(b) The provision of technical assistance to facilitate and
encourage the establishment, retention, and expansion of school
health centers in public schools. For purposes of this subdivision,
"technical assistance" may include the provision of information to
local educational agencies and other entities regarding the
utilization of facilities, liability insurance, cooperative
agreements with community-based providers, and other issues pertinent
to school health centers.
SEC. 73. Section 127185 of the Health
and Safety Code is amended to read:
127185. (a) In addition to the exemption required by Section
127175, the office director shall exempt from Sections 127210 to
127275, inclusive, and shall issue a certificate of need for those
projects where the applicant has shown and the office director has
found all of the following:
(1) The project is for either of the following:
(A) The conversion of a skilled nursing or community care
facility, or acute psychiatric hospital or a county funded
institution-based alcoholism program, certified by the State
Department of Alcohol and Drug Programs
Health Care Services pursuant to Section 11831 as a
residential treatment program, to a chemical dependency recovery
hospital as defined in subdivision (a) of Section 1250.3, and
provided that the facility to be converted has, prior to June 1,
1981, and continuously thereafter, been used exclusively to provide
24-hour residential chemical dependency recovery services, including
the basic services enumerated in Section 1250.3 under the direction
of a medical director.
(B) The construction and licensure of a chemical dependency
recovery hospital where the project was commenced prior to June 1,
1981, and is being diligently pursued to completion, and provided
that the person or entity proposing the facility was, prior to June
1, 1981, operating in this state a skilled nursing or community care
facility used exclusively for 24-hour residential chemical dependency
recovery services, including the basic services enumerated in
Section 1250.3, under the direction of a medical director. As used in
this paragraph, "commencement of the project" means acquisition of
the site where the facility is to be located and submission of
drawings for the project to the local government having jurisdiction
containing substantially sufficient detail for the issuance of a
building permit or permits.
(2) The project could not meet the construction standards
established by law or regulation for general acute care hospitals.
(3) The applicant has filed a notice of the project with the
office director on forms supplied by the office director within 90
days of the effective date of this section.
The office director shall inform the applicant in writing of his
or her determination as to eligibility of the application for a
certificate of need under this subdivision within 60 days of receipt
of a complete application.
(b) In addition to the exemption required by Section 127175, the
office director shall exempt from Sections 127210 to 127275,
inclusive, and shall issue a certificate of need for a project for
the conversion of a portion of the authorized bed capacity of a
general acute care hospital in the classifications listed in Section
1250.1 to chemical dependency recovery beds as provided in
subdivision (h) of Section 1250.1, or for the conversion of a skilled
nursing facility to a chemical dependency recovery hospital as
defined in subdivision (a) of Section 1250.3, where the applicant has
shown and the office director has found all of the following:
(1) Commencement of the project began prior to August 10, 1981,
and is being diligently pursued to completion.
(2) The facility proposing a conversion was, prior to June 1,
1981, operating an alcoholism treatment program, including all the
basic services enumerated in Section 1250.3, under the direction of a
medical director, or the facility had obtained, prior to June 1,
1981, the services of a medical director and contracted with program
professionals for the conversion of the facility.
As used in this subdivision, "commencement of the project" means a
written declaration by the governing body or administration of a
hospital of the intention to convert beds of other licensed
categories to usage as chemical dependency beds pursuant to
subdivision (f) of Section 1250.3 as it existed on August 10, 1981,
or a written declaration by the governing body or administration of a
skilled nursing facility of the intention to convert to a chemical
dependency recovery hospital. The written declaration shall be
transmitted to the director by August 17, 1981.
(c) Construction or remodeling necessary to enable a facility
exempted under this section to comply with applicable licensing
regulations shall be deemed to be eligible for exemption under
paragraph (2) of subdivision (b) of Section 127175.
(d) A certificate of exemption issued pursuant to this section
shall, for all purposes, have the same effect as a certificate of
need issued pursuant to this chapter.
SEC. 74. Section 131055.2 is added to the
Health and Safety Code , to read:
131055.2. (a) Commencing July 1, 2013, the State Department of
Public Health shall succeed to and be vested with all the duties,
powers, purposes, functions, responsibilities, and jurisdiction of
the former State Department of Alcohol and Drug Programs as they
relate to the Office of Problem and Pathological Gambling (Chapter 8
(commencing with Section 4369) of Part 3 of Division 4 of the Welfare
and Institutions Code).
(b) For purposes of the Office of Problem and Pathological
Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of
Division 4 of the Welfare and Institutions Code) and the Gambling
Addiction Program Fund (Article 12 (commencing with Section 19950) of
Chapter 5 of Division 8 of the Business and Professions Code),
references to the State Department of Alcohol and Drug Programs shall
refer to the State Department of Public Health.
(c) All fees collected from licensees in accordance with Article
12 (commencing with Section 19950) of Chapter 5 of Division 8 of the
Business and Professions Code and deposited into the Gambling
Addiction Program Fund shall be available to the State Department of
Public Health in accordance with the requirements of that section.
(d) Notwithstanding any other law, any reference in statute,
regulation, or contract to the State Department of Alcohol and Drug
Programs or the State Department of Alcohol and Drug Abuse shall be
construed to refer to the State Department of Public Health when it
relates to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section.
(e) No contract, lease, license, or any other agreement to which
the State Department of Alcohol and Drug Programs is a party shall be
made void or voidable by reason of this section, but shall continue
in full force and effect with the State Department of Public Health
assuming all of the rights, obligations, and duties of the State
Department of Alcohol and Drug Programs with respect to the transfer
of duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
(f) All unexpended balances of appropriations and other funds
available for use by the State Department of Alcohol and Drug
Programs in connection with any function or the administration of any
law transferred to the State Department of Public Health pursuant to
the act that enacted this section shall be available for use by the
State Department of Public Health for the purpose for which the
appropriation was originally made or the funds were originally
available.
(g) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Public Health.
(h) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Public Health. All
employees serving in state civil service, other than temporary
employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Public Health pursuant to the provisions of Section
19050.9 of the Government Code. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code), except as to positions the duties of which
are vested in a position exempt from civil service. The personnel
records of all employees transferred pursuant to this section shall
be transferred to the State Department of Public Health.
(i) Any regulation, order, or other action adopted, prescribed,
taken, or performed by an agency or officer in the administration of
a program or the performance of a duty, power, purpose, function, or
responsibility pursuant to the Office of Problem and Pathological
Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of
Division 4 of the Welfare and Institutions Code) and the Gambling
Addiction Program Fund (Article 12 (commencing with Section 19950) of
Chapter 5 of Division 8 of the Business and Professions Code) in
effect prior to July 1, 2013, shall remain in effect unless or until
amended, readopted, or repealed, or until they expire by their own
terms, and shall be deemed to be a regulation or action of the agency
to which or officer to whom the program, duty, power, purpose,
function, responsibility, or jurisdiction is assigned pursuant to
this section.
(j) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty, power,
purpose, function, or responsibility transferred pursuant to this
section, shall abate by reason of the transfer of the program, duty,
power, purpose, function, or responsibility under this section.
SEC. 75. Section 12693.68 of the
Insurance Code is amended to read:
12693.68. The board shall encourage all plans, including those
receiving purchasing credits, that provide services under the program
to have viable protocols for screening and referring children
needing supplemental services outside of the scope of the screening,
preventive, and medically necessary and therapeutic services covered
by the contract to public programs providing such supplemental
services for which they may be eligible, as well as for coordination
of care between the plan and the public programs. The public programs
for which plans may be required to develop screening, referral, and
care coordination protocols may include the California Children's
Services Program, the regional centers, county mental health
programs, substance use disorder programs administered by
the State Department of Alcohol and Drug
Programs, Health Care Services, and programs
administered by local education agencies.
SEC. 76. Section 12693.95 of the
Insurance Code is amended to read:
12693.95. (a) The board in consultation with the Department of
Alcohol and Drug Programs shall provide the Legislature by April 15,
1998, a proposal assessing the viability of providing additional drug
and alcohol treatment services for children enrolled in the program.
If the board determines that it is feasible to provide additional
federal funds received pursuant to Title XXI (commencing with Section
2101) of the Social Security Act to counties to finance drug and
alcohol services and required federal approval is obtained, the board
shall negotiate with participating health plans to establish
memoranda of understanding between plans and counties to facilitate
referral of children in need of these services.
(b) Based on the April 15, 1998, report by the board to the
Legislature, the Legislature finds and declares that there is a
statewide gap in publicly funded alcohol and other drug treatment for
adolescents which is significant and systemic.
(1) Therefore, the State Department of Alcohol
and Drug Programs, Health Care Services, in
cooperation with the board, shall do the following:
(A) Review capacity needs for the Healthy Families Program target
group after year one data has been collected and an assessment of the
adequacy of the benefit can be made.
(B) Request that counties provide data on the number of
adolescents requesting alcohol and other drug treatment and whether
they are participating in the Healthy Families Program.
(2) The board shall do the following:
(A) Request the participating health plans to voluntarily collect
data, as prescribed by the board, on the number of children needing
services that exceed the substance abuse benefit in their plan.
(B) Upon contract renewal, require participating health plans to
collect and report the data.
(C) By September 1, 1999, provide the policy and fiscal committees
of the Legislature with an analysis of the data obtained by the
Department of Alcohol and Drug Programs and from the participating
health plans.
SEC. 77. Section 1174.2 of the Penal
Code is amended to read:
1174.2. (a) Notwithstanding any other law, the unencumbered
balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990
shall revert to the unappropriated surplus of the 1990 Prison
Construction Fund. The sum of fifteen million dollars ($15,000,000)
is hereby appropriated to the Department of Corrections from the 1990
Prison Construction Fund for site acquisition, site studies,
environmental studies, master planning, architectural programming,
schematics, preliminary plans, working drawings, construction, and
long lead and equipment items for the purpose of constructing
facilities for pregnant and parenting women's alternative sentencing
programs. These funds shall not be expended for any operating costs,
including those costs reimbursed by the department pursuant to
subdivision (c) of Section 1174.3. Funds not expended pursuant to
this chapter shall be used for planning, construction, renovation, or
remodeling by, or under the supervision of, the Department of
Corrections and Rehabilitation, of community-based facilities for
programs designed to reduce drug use and recidivism, including, but
not limited to, restitution centers, facilities for the incarceration
and rehabilitation of drug offenders, multipurpose correctional
centers, and centers for intensive programs for parolees. These funds
shall not be expended until legislation authorizing the
establishment of these programs is enacted. If the Legislature finds
that the Department of Corrections and Rehabilitation has made a good
faith effort to site community-based facilities, but funds
designated for these community-based facilities are unexpended as of
January 1, 1998, the Legislature may appropriate these funds for
other Level I housing.
(b) The Department of Corrections and Rehabilitation shall
purchase, design, construct, and renovate facilities in counties or
multicounty areas with a population of more than 450,000 people
pursuant to this chapter. The department shall target for selection,
among other counties, Los Angeles County, San Diego County, and a bay
area, central valley, and an inland empire county as determined by
the Secretary of the Department of Corrections and Rehabilitation.
The department, in consultation with the State Department of
Alcohol and Drug Programs, Health Care Services,
shall design core alcohol and drug treatment programs, with
specific requirements and standards. Residential facilities
shall be licensed by the State
Department of Alcohol and Drug Programs
Health Care Services in accordance with provisions of the
Health and Safety Code governing licensure of alcoholism or drug
abuse recovery or treatment facilities. Residential and
nonresidential programs shall be certified by the State Department of
Alcohol and Drug Programs Health Care
Services as meeting its standards for perinatal services. Funds
shall be awarded to selected agency service providers based upon all
of the following criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of
Alcohol and Drug Programs, Health Care Services,
the California Office of Emergency
Management Agency, Services, the State
Department of Social Services, the State Department of State
Hospitals, or any county public health department. In addition, the
agency shall also attempt to secure other available funding from all
county, state, or federal sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs,
Health Care Services, and others it may identify in the
development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.
SEC. 78. Section 1463.16 of the Penal
Code is amended to read:
1463.16. (a) Notwithstanding Section 1203.1 or 1463, fifty
dollars ($50) of each fine collected for each conviction of a
violation of Section 23103, 23104, 23105, 23152, or 23153 of the
Vehicle Code shall be deposited with the county treasurer in a
special account for exclusive allocation by the county for the county'
s alcoholism program, with approval of the board of supervisors, for
alcohol programs and services for the general population. These funds
shall be allocated through the local planning process
pursuant to specific provision in and expenditures
reported to the county alcohol program plan that is
submitted State Department of Health Care Services
pursuant to the State Department of Alcohol
subdivision (c) of Section 11798.2 and Drug
Programs. subdivision (a) of Section 11818.5 of the
Health and Safety Code. Programs shall be certified by the
State Department of Alcohol and Drug Programs
Health Care Services or have made application
for certification to be eligible for funding under this section. The
county shall implement the intent and procedures of subdivision (b)
of Section 11812 of the Health and Safety Code while distributing
funds under this section.
(b) In a county of the 1st, 2nd, 3rd, 15th, 19th, 20th, or 24th
class, notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, fifty dollars ($50) for
each conviction of a violation of Section 23103, 23104, 23105, 23152,
or 23153 of the Vehicle Code shall be deposited in a special account
for exclusive allocation by the administrator of the county's
alcoholism program, with approval of the board of supervisors, for
alcohol programs and services for the general population. These funds
shall be allocated through the local planning process
pursuant and expenditures reported to a
specific provision in the county plan that is
submitted to the State Department of Alcohol State
Department of Health Care Services pursuant to subdivision (c) of
Section 11798.2 and Drug Programs.
subdivision (a) of Section 11818.5 of the Health and Safety Code.
For those services for which standards have been developed and
certification is available, programs shall be certified by the State
Department of Alcohol and Drug Programs
Health Care Services or shall apply for certification to be
eligible for funding under this section. The county alcohol
administrator shall implement the intent and procedures of
subdivision (b) of Section 11812 of the Health and Safety Code while
distributing funds under this section.
(c) The Board of Supervisors of Contra Costa County may, by
resolution, authorize the imposition of a fifty dollar ($50)
assessment by the court upon each defendant convicted of a violation
of Section 23152 or 23153 of the Vehicle Code for deposit in the
account from which the fifty dollar ($50) distribution specified in
subdivision (a) is deducted.
(d) It is the specific intent of the Legislature that funds
expended under this part shall be used for ongoing alcoholism program
services as well as for contracts with private nonprofit
organizations to upgrade facilities to meet state certification and
state licensing standards and federal nondiscrimination regulations
relating to accessibility for handicapped persons.
(e) Counties may retain up to 5 percent of the funds collected to
offset administrative costs of collection and disbursement.
SEC. 79. Section 6140 of the Penal Code
is amended to read:
6140. There is in the Office of the Inspector General the
California Rehabilitation Oversight Board (C-ROB). The board shall
consist of the 11 members as follows:
(a) The Inspector General, who shall serve as chair.
(b) The Secretary of the Department of Corrections and
Rehabilitation.
(c) The Superintendent of Public Instruction, or his or her
designee.
(d) The Chancellor of the California Community Colleges, or his or
her designee.
(e) The Director of the State Department of
Alcohol and Drug Programs, Health Care
Services, or his or her designee.
(f) The Director of Mental Health, State
Hospitals, or his or her designee.
(g) A faculty member of the University of California who has
expertise in rehabilitation of criminal offenders, appointed by the
President of the University of California.
(h) A faculty member of the California State University, who has
expertise in rehabilitation of criminal offenders, appointed by the
Chancellor of the California State University.
(i) A county sheriff, appointed by the Governor.
(j) A county chief probation officer, appointed by the Senate
Committee on Rules.
(k) A local government official who provides mental health,
substance abuse, or educational services to criminal offenders,
appointed by the Speaker of the Assembly.
SEC. 80. Section 6241 of the Penal Code
is amended to read:
6241. (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.
(1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
(d) Funds shall be awarded to counties based upon the following
policies and criteria:
(1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
(A) Drawing up criteria on which requests for proposals will be
sought.
(B) Selecting proposals to be funded.
(C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
(3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost-effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
State Department of Alcohol and Drug Programs,
Health Care Services, the California Emergency
Management Agency, the National Institute of Corrections, the
Department of Justice, and other state and federal sources.
(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county. However,
a participating county may negotiate with the state for use of state
land at nearby corrections facilities or other state facilities,
provided that the locations fit in with the aims of the programs
established by this chapter.
The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
(8) The board also shall seek advice from the State
Department of Alcohol and Drug Programs
Health Care Services in exercising its responsibilities under
this chapter.
(9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
(10) Area of greatest need can be a factor considered in awarding
contracts to counties.
(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter. Funds
granted to a county may be utilized for construction of more than
one facility.
Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs of its
plan.
SEC. 81. Section 6242.6 of the Penal
Code is amended to read:
6242.6. (a) The board shall provide evaluation of the progress,
activities, and performance of each center and participating county's
progress established pursuant to this chapter and shall report the
findings thereon to the Legislature two years after the operational
onset of each facility.
(b) The board shall select an outside monitoring firm in
cooperation with the Auditor General's office, to critique and
evaluate the programs and their rates of success based on recidivism
rates, drug use, and other factors it deems appropriate. Two years
after the programs have begun operations, the report shall be
provided to the Joint Legislative Prisons Committee, participating
counties, the department, the Department of Alcohol and Drug
Programs, the State Department of Health Care
Services, and other sources the board deems of value. Notwithstanding
subdivision (k) of Section 6242, one hundred fifty thousand dollars
($150,000) is hereby appropriated from the funds disbursed under this
chapter from the 1990 Prison Construction Fund to the Board of
Corrections to be used for program evaluation under this subdivision.
(c) The department shall be responsible for the ongoing monitoring
of contract compliance for state offenders placed in each center.
SEC. 82. Section 13510.5 of the Penal
Code is amended to read:
13510.5. For the purpose of maintaining the level of competence
of state law enforcement officers, the commission shall adopt, and
may, from time to time amend, rules establishing minimum standards
for training of peace officers as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, who are employed by any
railroad company, the California State Police Division, the
University of California Police Department, a California State
University police department, the Department of Alcoholic Beverage
Control, the Division of Investigation of the Department of Consumer
Affairs, the Wildlife Protection Branch of the Department of Fish and
Game, the Department of Forestry and Fire Protection, including the
Office of the State Fire Marshal, the Department of Motor Vehicles,
the California Horse Racing Board, the Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Care Services, the
Department of Toxic Substances Control, the State Department of
Social Services, the State Department of State Hospitals, the State
Department of Developmental Services, the State Department
of Alcohol and Drug Programs, the Office of Statewide
Health Planning and Development, and the Department of Justice. All
rules shall be adopted and amended pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 83. Section 13864 of the Penal
Code is amended to read:
13864. There is hereby created in the agency the Comprehensive
Alcohol and Drug Prevention Education component of the Suppression of
Drug Abuse in Schools Program in public elementary schools in grades
4 to 6, inclusive. Notwithstanding Section 13861 or any other
provision in this code, all Comprehensive Alcohol and Drug Prevention
Education component funds made available to the agency in accordance
with the Classroom Instructional Improvement and Accountability Act
shall be administered by and disbursed to county superintendents of
schools in this state by the secretary. All applications for that
funding shall be reviewed and evaluated by the agency, in
consultation with the State Department of Alcohol and Drug
Programs Health Care Services and the State
Department of Education.
(a) The secretary is authorized to allocate and award funds to
county department superintendents of schools for allocation to
individual school districts or to a consortium of two or more school
districts. Applications funded under this section shall comply with
the criteria, policies, and procedures established under subdivision
(b) of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency, in consultation with the State Department of Alcohol
and Drug Programs Health Care Services and the
State Department of Education, containing all of the following
components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order No. D-70-80.
(2) A planning process that includes assessment of the school
district's characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law enforcement
agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both indepth
training for the core team involved in providing program services
and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state or
federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the agency. Funds made available to the agency for
allocation under this section are intended to enhance, but shall not
supplant, local funds that would, in the absence of the Comprehensive
Alcohol and Drug Prevention Education component, be made available
to prevent, intervene in, or suppress drug abuse among schoolage
children. For districts that are already implementing a comprehensive
drug abuse prevention program for pupils in grades 4 to 6,
inclusive, the county superintendent shall propose the use of the
funds for drug prevention activities in school grades other than 4 to
6, inclusive, compatible with the program components of this
section. The expenditure of funds for that alternative purpose shall
be approved by the secretary.
(1) Unless otherwise authorized by the agency, each county
superintendent of schools shall be the fiscal agent for any
Comprehensive Alcohol and Drug Prevention Education component award,
and shall be responsible for ensuring that each school district
within that county receives the allocation prescribed by the agency.
Each county superintendent shall develop a countywide plan that
complies with program guidelines and procedures established by the
agency pursuant to subdivision (d). A maximum of 5 percent of the
county's allocation may be used for administrative costs associated
with the project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The secretary, in consultation with the State Department of
Alcohol and Drug Programs Health Care
Services and the State Department of Education, shall prepare
and issue guidelines and procedures for the Comprehensive Alcohol and
Drug Prevention Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency is prepared to award grants of funds pursuant to
this section. The guidelines shall not constitute rules, regulations,
orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The secretary shall collaborate, to the extent possible, with
other state agencies that administer drug, alcohol, and tobacco abuse
prevention education programs to streamline and simplify the process
whereby local educational agencies apply for drug, alcohol, and
tobacco education funding under this section and under other state
and federal programs. The agency, the State Department of
Alcohol and Drug Programs, Health Care Services,
the State Department of Education, and other state agencies, to the
extent possible, shall develop joint policies and collaborate
planning in the administration of drug, alcohol, and tobacco abuse
prevention education programs.
SEC. 84. Section 2626.1 of the
Unemployment Insurance Code is amended to read:
2626.1. (a) An individual who is a resident in an alcoholic
recovery home pursuant to referral or recommendation by a physician
shall be eligible for disability benefits for a period not in excess
of 30 days in any disability benefit period while receiving resident
services, if an authorized representative of the alcoholic recovery
home certifies that the individual is a resident participating in an
alcoholic recovery program which has been certified by the State
Department of Alcohol and Drug Programs.
Health Care Services. The individual shall be eligible for
disability benefits for an additional period not in excess of 60 days
if the referring physician certifies to the need of the individual
for continuing resident services.
(b)
The department shall reimburse the State Department of
Alcohol and Drug Programs Health Care Services
from the Disability Fund, in a reasonable amount as determined by the
department, for the expense of reviewing any alcoholic recovery
program, as required by the department in the administration of
subdivision (a) which is not funded in the county alcohol program
plan provided for in Article 3 (commencing with Section 11810) or
Article 4 (commencing with Section 11830) of Part 2 of Division 10.5
of the Health and Safety Code.
(c) Outside the State of California, an individual who is a
resident in an alcohol recovery home pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 30 days in any disability
benefit period while receiving resident services, if an authorized
representative of the alcoholic recovery home certifies that the
individual is a resident participating in an alcoholic recovery
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period not in excess of 60 days
if the referring physician certifies to the need of the individual
for continuing resident services.
SEC. 85. Section 2626.2 of the
Unemployment Insurance Code is amended to read:
2626.2. (a) An individual who is a resident in a drug-free
residential facility pursuant to referral or recommendation by a
physician shall be eligible for disability benefits for a period not
in excess of 45 days in any disability benefit period while receiving
resident services, if an authorized representative of the drug-free
residential facility certifies that the individual is a resident
participating in a drug-free residential facility which has satisfied
a program review by the State Department of Alcohol and
Drug Programs. Health Care Services. The
individual shall be eligible for disability benefits for an
additional period not in excess of 45 days if the referring physician
certifies to the need of the individual for continuing resident
services.
(b) The department shall reimburse the State Department of
Alcohol and Drug Programs Health Care
Services from the Disability Fund, in a reasonable amount as
determined by the department, for the expense of reviewing any
drug-free residential facility, as required by the department in the
administration of subdivision (a), which is not funded under the
federal Drug Abuse Office and Treatment Act of 1972 (Public Law
92-255) or in conformance with Chapter 4
Article 2 (commencing with Section 11980)
11975) of Chapter 2 of Part 3 of Division 10.5
of the Health and Safety Code.
(c) Outside the State of California, an individual who is a
resident in a drug-free residential facility pursuant to referral or
recommendation by a physician shall be eligible for disability
benefits for a period not in excess of 45 days in any disability
benefit period while receiving resident services, if an authorized
representative of the drug-free residential facility certifies that
the individual is a resident participating in a drug-free residential
program, licensed by or satisfying a program review by the state in
which the facility is located. The individual shall be eligible for
disability benefits for an additional period, but not in excess of 45
days, if the referring physician certifies to the need of the
individual for continuing resident services.
SEC. 86. Section 13353.45 of the
Vehicle Code is amended to read:
13353.45. The department shall, in consultation with the State
Department of Alcohol and Drug Programs,
Health Care Services, with representatives of the county
alcohol program administrators, and with representatives of licensed
drinking driver program providers, develop a certificate of
completion for the purposes of Sections 13352, 13352.4, and 13352.5
and shall develop, implement, and maintain a system for safeguarding
the certificates against misuse. The department may charge a
reasonable fee for each blank completion certificate distributed to a
drinking driver program. The fee shall be sufficient to cover, but
shall not exceed, the costs incurred in administering this section,
Sections 13352, 13352.4, and 13352.5 or twelve dollars ($12) per
person, whichever is less.
SEC. 87. Section 23538 of the Vehicle
Code is amended to read:
23538. (a) (1) If the court grants probation to person punished
under Section 23536, in addition to the provisions of Section 23600
and any other terms and conditions imposed by the court, the court
shall impose as a condition of probation that the person pay a fine
of at least three hundred ninety dollars ($390), but not more than
one thousand dollars ($1,000). The court may also impose, as a
condition of probation, that the person be confined in a county jail
for at least 48 hours, but not more than six months.
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (1) of subdivision (a) of
Section 13352 or Section 13352.1. The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
(3) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (1) of subdivision (a) of Section 13352 or Section
13352.1, the court may disallow the issuance of a restricted driver's
license required under Section 13352.4.
(b) In any county where the board of supervisors has approved, and
the State Department of Alcohol and Drug Programs
Health Care Services has licensed, a program or programs
described in Section 11837.3 of the Health and Safety Code, the court
shall also impose as a condition of probation that the driver shall
enroll and participate in, and successfully complete a
driving-under-the-influence program, licensed pursuant to Section
11836 of the Health and Safety Code, in the driver's county of
residence or employment, as designated by the court. For the purposes
of this subdivision, enrollment in, participation in, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit may not be given for any program activities
completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described in Chapter 9 (commencing with
Section 11836) of Part 2 of Division 10.5 of the Health and Safety
Code.
(2) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for at least nine months or
longer, as ordered by the court, in a licensed program that consists
of at least 60 hours of program activities, including those
education, group counseling, and individual interview sessions
described in Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until proof
satisfactory to the department of successful completion of a
driving-under-the-influence program of the length required under this
code that is licensed pursuant to Section 11836 of the Health and
Safety Code has been received in the department's headquarters.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State Department of
Alcohol and Drug Programs. Health Care
Services. That reporting shall ensure that all persons who,
after being ordered to attend and complete a program, may be
identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
SEC. 88. Section 23556 of the Vehicle
Code is amended to read:
23556. (a) (1) If the court grants probation to any person
punished under Section 23554, in addition to the provisions of
Section 23600 and any other terms and conditions imposed by the
court, the court shall impose as a condition of probation that the
person be confined in the county jail for at least five days but not
more than one year and pay a fine of at least three hundred ninety
dollars ($390) but not more than one thousand dollars ($1,000).
(2) The person's privilege to operate a motor vehicle shall be
suspended by the department under paragraph (2) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) (1) In a county where the county alcohol program administrator
has certified, and the board of supervisors has approved, a program
or programs, the court shall also impose as a condition of probation
that the driver shall participate in, and successfully complete, an
alcohol and other drug education and counseling program, established
pursuant to Section 11837.3 of the Health and Safety Code, as
designated by the court.
(2) In any county where the board of supervisors has approved and
the State Department of Alcohol and Drug Programs
Health Care Services has licensed an alcohol and other
drug education and counseling program, the court shall also impose as
a condition of probation that the driver enroll in, participate in,
and successfully complete, a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code, in
the driver's county of residence or employment, as designated by the
court. For the purposes of this paragraph, enrollment in,
participation in, and completion of, an approved program shall be
subsequent to the date of the current violation. Credit may not be
given to any program activities completed prior to the date of the
current violation.
(3) The court shall refer a first offender whose blood-alcohol
concentration was less than 0.20 percent, by weight, to participate
for three months or longer, as ordered by the court, in a licensed
program that consists of at least 30 hours of program activities,
including those education, group counseling, and individual interview
sessions described in Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol
concentration was 0.20 percent or more, by weight, or who refused to
take a chemical test, to participate for nine months or longer, as
ordered by the court, in a licensed program that consists of at least
60 hours of program activities, including those education, group
counseling, and individual interview sessions described in Chapter 9
(commencing with Section 11836) of Part 2 of Division 10.5 of the
Health and Safety Code.
(c) (1) The court shall revoke the person's probation pursuant to
Section 23602, except for good cause shown, for the failure to enroll
in, participate in, or complete a program specified in subdivision
(b).
(2) The court, in establishing reporting requirements, shall
consult with the county alcohol program administrator. The county
alcohol program administrator shall coordinate the reporting
requirements with the department and with the State
Department of Alcohol and Drug Programs.
Health Care Services. That reporting shall ensure that all
persons who, after being ordered to attend and complete a program,
may be identified for either (A) failure to enroll in, or failure to
successfully complete, the program, or (B) successful completion of
the program as ordered.
(d) The court shall advise the person at the time of sentencing
that the driving privilege shall not be restored until the person has
provided proof satisfactory to the department of successful
completion of a driving-under-the-influence program of the length
required under this code that is licensed pursuant to Section 11836
of the Health and Safety Code.
(e) This section shall become operative on September 20, 2005.
SEC. 89. Section 23646 of the Vehicle
Code is amended to read:
23646. (a) Each county alcohol program administrator or the
administrator's designee shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b). The
alcohol and drug problem assessment program may include a referral
and client tracking component.
(b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs,
Health Care Services, if the person was
convicted of a violation of Section 23152 or 23153 that occurred
within 10 years of a separate violation of Section 23152 or 23153
that resulted in a conviction.
(2) A court may order a person convicted of a violation of Section
23152 or 23153 to attend an alcohol and drug problem assessment
program pursuant to this article.
(3) (A) The court shall order a person convicted of a violation of
Section 23152 or 23153 who has previously been convicted of a
violation of Section 23152 or 23153 that occurred more than 10 years
ago, or has been previously convicted of a violation of subdivision
(f) of Section 647 of the Penal Code, to attend and complete an
alcohol and drug problem assessment program under this article. In
order to determine whether a previous conviction for a violation
occurring more than 10 years ago exists, the court shall rely on
state summary criminal history information, local summary history
information, or records made available to the judge through the
district attorney.
(B) If the program assessment recommends additional treatment, the
court may order a person sentenced under either Section 23538 or
23556 to enroll, participate, and complete either of the programs
described under paragraph (4) of subdivision (b) of Section 23542.
(c) The State Department of Alcohol and Drug Programs
Health Care Services shall establish minimum
specifications for alcohol and other drug problem assessments and
reports.
SEC. 90. Section 2100 of the Welfare
and Institutions Code is amended to read:
2100. (a) The Legislature finds and declares that California's
children are growing up under conditions of great stress that are
resulting in devastating effects on their development and well-being.
Structural changes in society, including the breakdown in the
traditional family and erosion of neighborhood community support
networks, have taken a toll on their welfare, self-esteem, and
academic achievement. While youth struggle with many difficulties,
four risk factors stand out: academic failure, substance abuse,
involvement in the criminal justice system, and teen pregnancy. To
address these challenges, the State of California recognizes quality
mentoring as a critical prevention strategy, not as a panacea for the
aforementioned problems, but as a cost-effective method of assisting
today's youth to become productive, contributing members of society,
and as an important source of data for improving the quality of all
relationships between youth and adults. Research finds that without
the caring support, counsel, and role modeling of more experienced
individuals or exposure to natural support networks, young people are
much more vulnerable to the destructive forces of apathy, abuse, and
neglect. As we acknowledge the increasing numbers of children who do
not have the benefit of positive relationships, there has been an
increasing recognition of the value of mentoring, an activity that
connects a caring and more experienced person with a young person who
is in need of attention and support. As a means of maximizing public
resources, mentoring is both efficient and effective, relying on
volunteers as the core service providers to create collateral
improvements in the lives of youth. The public investment in the
prevention strategy of mentoring has inspired significant private
support at the local level. Mentoring principles may also be used to
create mentor-rich environments wherever youth and adults interact on
a regular basis, thereby effectively expanding the world of positive
adult contacts for youth in their natural environments.
(b) The complexities of supporting mentoring organizations and
promoting the formation of positive developmental relationships
wherever young people and adults interact requires the coordinated
and sustained support of many private and public sector organizations
to ensure that their services are available to all young persons who
wish to have a mentor. To meet the needs of each young person,
mentor services should be available in communities throughout
California and mentor-rich environments should be created wherever
young people and adults interact on a regular basis. Mentor programs
should be culturally and linguistically competent and should embrace
the rich diversity of the state. It is the intent of the Legislature
and the purpose of this chapter to foster a partnership between the
public and private sector for the long-term support of quality mentor
programs and mentor-rich environments in which young people can
interact on a regular basis with an array of caring adults.
(c) Mentoring California's youth has been carried on by thousands
of dedicated volunteers through local mentor organizations and with
the very significant contributions of the business community in both
time and money. State and local government agencies also operate
mentor programs. However, the need far outweighs the current
resources. The valuable potential services of many caring adults and
older youth continue to go untapped while the waiting list of
children in need continues to grow, and distant youth-adult
relationships continue to exist where developmental youth-adult
relationships could flourish.
(d) This section shall become inoperative on July 1, 2013.
SEC. 91. Section 2104 of the Welfare
and Institutions Code is amended to read:
2104. For purposes of this chapter, the following definitions
apply:
(a) "At-risk youth" means an individual under 21 years of age
whose environment increases their chance of academic failure, alcohol
and other drug use, involvement in the criminal justice system, or
teen pregnancy.
(b) "Mentoring" means a relationship over a period of time in
which caring and concerned adults and older youth provide support,
guidance, and help to younger at-risk persons as they go through
life.
(c) "Mentor-rich environments" are environments that create many
opportunities for young people to interact with an array of caring
adults and where youth feel respected, connected, and affirmed.
(d) This section shall become inoperative on July 1, 2013.
SEC. 92. Section 2106 of the Welfare
and Institutions Code is amended to read:
2106. It is the intent of the Legislature that all youth
mentoring programs shall be afforded all of the following:
(a) The adoption of quality assurance standards by school- and
community-based mentor programs.
(b) The provision of mentor program technical assistance.
(c) The provision of technical assistance to any organization that
wishes to improve youth-adult relationships.
(d) The provision of a mentor program clearinghouse and library
service.
(e) The preparation and periodic updating of a statewide directory
of mentor program services.
(f) The provision of mentor program referrals to the general
public.
(g) The coordination of the state employee mentor recruitment
campaign.
(h) The development of a coordinated and coherent reporting form
and requirements.
(i) (1) In order to obtain funding appropriated by the
Legislature, mentor programs shall have adopted the California Mentor
Initiative Quality Assurance Standards and shall provide data
regarding mentee outcomes as requested by the state funding agencies
consistent with subdivision (h).
(2) Adopted in 1997, the Quality Assurance Standards can be found
in the State Department of Alcohol and Drug Programs Publication
Number 99-1121. The requirements of these standards are summarized as
follows:
(A) A statement of purpose and a long-range plan.
(B) A recruitment plan for both mentors and mentees.
(C) An orientation for mentors and mentees.
(D) Eligibility screening for mentors and mentees.
(E) A readiness and training curriculum for all mentors and
mentees.
(F) A strategy that matches the provider program's purpose.
(G) A monitoring program that includes ongoing assessment.
(H) A support, recognition, and retention component, including
ongoing peer support, training, and development.
(I) Closure steps that include confidential exit interviews.
(J) An evaluation process based on an outcome analysis of the
mentor program, program criteria, and statement of purpose.
(j) This section shall become inoperative on July 1, 2013.
SEC. 93. Section 4024.5 of the Welfare
and Institutions Code is repealed.
4024.5. (a) The State Department of Mental Health and the State
Department of Alcohol and Drug Programs, jointly, shall develop a
plan, by July 1, 1994, to appropriately combine funding from both
departments for the treatment of persons with multiple diagnoses.
(b) For purposes of this section, "multiple diagnoses" means
diagnoses of chronic mental illness together with substance abuse of
either illegal or legal drugs, including alcohol, or both.
SEC. 94. Section 4042 of the Welfare
and Institutions Code is amended to read:
4042. The State Department of State Hospitals shall cooperate and
coordinate with other state and local agencies engaged in research
and evaluation studies. Effort shall be made to coordinate with
research, evaluation, and demonstration efforts of local mental
health programs, state hospitals serving the mentally disordered, the
Department of Rehabilitation, the State Department of
Alcohol and Drug Programs, the State
Department of Developmental Services, the State Department of Health
Care Services, universities, and other special projects conducted or
contracted for by the State Department of State Hospitals.
SEC. 95. Section 4367.5 of the Welfare
and Institutions Code is amended to read:
4367.5. The director shall establish criteria for client
eligibility, including financial liability, pursuant to Section 4368.
However, persons eligible for services provided by regional centers
or the State Department of Developmental Services are not eligible
for services provided under this chapter. Income shall not be the
sole basis for client eligibility. The director shall assume
responsibility for the coordination of existing funds and services
for brain-impaired adults, and for the purchase of respite care, as
defined in subdivision (c) of Section 4362.5, with other departments
that may serve brain-impaired adults, including the Department of
Rehabilitation, the State Department of Social Services, the State
Department of Developmental Services, the Department of Aging,
and the Office of Statewide Health Planning and
Development, and the State Department of Alcohol and Drug Programs.
Development.
SEC. 96. Section 4368.5 of the Welfare
and Institutions Code is amended to read:
4368.5. In considering total service funds available for the
project, the director shall utilize funding available from
appropriate state departments, including, but not limited to: the
State Department of Social Services, the Department of
Rehabilitation, and the California Department of
Aging, and the State Department of Alcohol and Drug Programs.
Aging. The director in conjunction with the
Statewide Resources Consultant shall coordinate his or her activities
with the implementation of the Torres-Felando Long-Term Care Reform
Act (Chapter 1453, Statutes of 1982) in order to further the goal of
obtaining comprehensive, coordinated public policy and to maximize
the availability of funding for programs and services for persons
with brain impairments.
SEC. 97. Section 4369 of the Welfare
and Institutions Code is amended to read:
4369. There is within the State Department of Alcohol
and Drug Programs, Public Health, the Office of
Problem and Pathological Gambling.
SEC. 98. Section 4369.1 of the Welfare
and Institutions Code is amended to read:
4369.1. As used in this chapter, the following definitions shall
apply:
(a) "Department" means the State Department of Alcohol
and Drug Programs. Public Health.
(b) "Office" means the Office of Problem and Pathological
Gambling.
(c) "Pathological gambling disorder" means a progressive mental
disorder meeting the diagnostic criteria set forth by the American
Psychiatric Association's Diagnostic and Statistical Manual, Fourth
Edition.
(d) "Problem gambling" means participation in any form of gambling
to the extent that it creates a negative consequence to the gambler,
the gambler's family, place of employment, or community. This
includes patterns of gambling and subsequent related behaviors that
compromise, disrupt, or damage personal, family, educational,
financial, or vocational interests. The problem gambler does not meet
the diagnostic criteria for pathological gambling disorder.
(e) "Problem gambling prevention programs" means programs designed
to reduce the prevalence of problem and pathological gambling among
California residents. These programs shall include,
but are not limited to, public education
and awareness, outreach to high-risk populations, early
identification and responsible gambling programs.
SEC. 99. Section 4369.4 of the Welfare
and Institutions Code is amended to read:
4369.4. All state agencies, including, but not limited to, the
California Horse Racing Board, the California Gambling Control
Commission, the Department of Justice, and any other agency that
regulates casino gambling or cardrooms within the state, and the
Department of Corrections and Rehabilitation, the State Department of
Alcohol and Drug Programs, Public Health,
the State Department of Health Care Services, and the
California State Lottery, shall coordinate with the office to ensure
that state programs take into account, as much as practicable,
problem and pathological gamblers. The office shall also coordinate
and work with other entities involved in gambling and the treatment
of problem and pathological gamblers.
SEC. 100. Section 4369.5 is added to the
Welfare and Institutions Code , to read:
4369.5. (a) It is the intent of the Legislature that the Office
of Problem and Pathological Gambling establish and maintain ongoing
venues for system stakeholders to provide input into public policy
issues related to problem gambling, including, but not limited to,
consumers of services and their families, providers of services and
supports, and county representatives. It is further the intent of the
Legislature that the Office of Problem and Pathological Gambling
shall have input into policy discussions at the State Department of
Public Health and at the California Health and Human Services Agency,
when appropriate.
(b) It is the intent of the Legislature to ensure that the impacts
of the transition of the Office of Problem and Pathological Gambling
from the State Department of Alcohol and Drug Programs to the State
Department of Public Health are identified and evaluated, initially
and over time. It is further the intent of the Legislature to
establish a baseline for evaluating, on an ongoing basis, how and why
services provided and overseen by the Office of Problem and
Pathological Gambling were improved, or otherwise changed, as a
result of this transition.
(c) By April 1, 2014, and March 1 annually thereafter, the State
Department of Public Health shall report to the Joint Legislative
Budget Committee and the appropriate budget subcommittees and policy
committees of the Legislature, and publicly post a report on the
Office of Problem and Pathological Gambling on its Internet Web site.
(1) The report shall contain all of the following:
(A) A description of education and outreach activities related to
the prevention program and how the Office of Problem and
Pathological Gambling establishes linkages with State Department of
Public Health partners, including local health officers and other
relevant entities, in order to increase awareness of, and provide
input to, the Office of Problem and Pathological Gambling, and how
stakeholder involvement was changed, maintained, or enhanced after
the transition.
(B) Beginning in the 2012-13 fiscal year, a description of
year-over-year changes in the following: access to services,
demographics of people served, the number of providers, and treatment
program outcomes. The description of access to services shall
include, but not be limited to, information regarding utilization of
services and waiting lists for services. The description of providers
shall include, but not be limited to, types and numbers of
providers, including problem gambling counselors, training protocols
for providers, and workforce trends. The description of demographics
of people served shall include, but not be limited to, age, sex,
ethnicity, economic status, and geographic regions. The description
of treatment program outcomes shall include, but not be limited to,
participation levels in programs, recidivism rates, and quality of
life measures.
(2) By November 30, 2013, the State Department of Public Health
shall consult with legislative staff and with system stakeholders,
including county representatives, to develop a reporting format
consistent with the Legislature's desired level of outcome and
reporting detail.
(d) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 101. Section 5814 of the Welfare
and Institutions Code is amended to read:
5814. (a) (1) This part shall be implemented only to the extent
that funds are appropriated for purposes of this part. To the extent
that funds are made available, the first priority shall go to
maintain funding for the existing programs that meet adult system of
care contract goals. The next priority for funding shall be given to
counties with a high incidence of persons who are severely mentally
ill and homeless or at risk of homelessness, and meet the criteria
developed pursuant to paragraphs (3) and (4).
(2) The Director of Health Care Services shall establish a
methodology for awarding grants under this part consistent with the
legislative intent expressed in Section 5802, and in consultation
with the advisory committee established in this subdivision.
(3) (A) The Director of Health Care Services shall establish an
advisory committee for the purpose of providing advice regarding the
development of criteria for the award of grants, and the
identification of specific performance measures for evaluating the
effectiveness of grants. The committee shall review evaluation
reports and make findings on evidence-based best practices and
recommendations for grant conditions. At not less than one meeting
annually, the advisory committee shall provide to the director
written comments on the performance of each of the county programs.
Upon request by the department, each participating county that is the
subject of a comment shall provide a written response to the
comment. The department shall comment on each of these responses at a
subsequent meeting.
(B) The committee shall include, but not be limited to,
representatives from state, county, and community veterans' services
and disabled veterans outreach programs, supportive housing and other
housing assistance programs, law enforcement, county mental health
and private providers of local mental health services and mental
health outreach services, the Department of Corrections and
Rehabilitation, the State Department of Alcohol and Drug
Programs, local substance abuse services providers, the
Department of Rehabilitation, providers of local employment services,
the State Department of Social Services, the Department of Housing
and Community Development, a service provider to transition youth,
the United Advocates for Children of California, the California
Mental Health Advocates for Children and Youth, the Mental Health
Association of California, the California Alliance for the Mentally
Ill, the California Network of Mental Health Clients, the California
Mental Health Planning Council, the Mental Health Services Oversight
and Accountability Commission, and other appropriate entities.
(4) The criteria for the award of grants shall include, but not be
limited to, all of the following:
(A) A description of a comprehensive strategic plan for providing
outreach, prevention, intervention, and evaluation in a cost
appropriate manner corresponding to the criteria specified in
subdivision (c).
(B) A description of the local population to be served, ability to
administer an effective service program, and the degree to which
local agencies and advocates will support and collaborate with
program efforts.
(C) A description of efforts to maximize the use of other state,
federal, and local funds or services that can support and enhance the
effectiveness of these programs.
(5) In order to reduce the cost of providing supportive housing
for clients, counties that receive a grant pursuant to this part
after January 1, 2004, shall enter into contracts with sponsors of
supportive housing projects to the greatest extent possible.
Participating counties are encouraged to commit a portion of their
grants to rental assistance for a specified number of housing units
in exchange for the counties' clients having the right of first
refusal to rent the assisted units.
(b) In each year in which additional funding is provided by the
annual Budget Act the State Department of Health Care Services shall
establish programs that offer individual counties sufficient funds to
comprehensively serve severely mentally ill adults who are homeless,
recently released from a county jail or the state prison, or others
who are untreated, unstable, and at significant risk of incarceration
or homelessness unless treatment is provided to them and who are
severely mentally ill adults. For purposes of this subdivision,
"severely mentally ill adults" are those individuals described in
subdivision (b) of Section 5600.3. In consultation with the advisory
committee established pursuant to paragraph (3) of subdivision (a),
the department shall report to the Legislature on or before May 1 of
each year in which additional funding is provided, and shall
evaluate, at a minimum, the effectiveness of the strategies in
providing successful outreach and reducing homelessness, involvement
with local law enforcement, and other measures identified by the
department. The evaluation shall include for each program funded in
the current fiscal year as much of the following as available
information permits:
(1) The number of persons served, and of those, the number who
receive extensive community mental health services.
(2) The number of persons who are able to maintain housing,
including the type of housing and whether it is emergency,
transitional, or permanent housing, as defined by the department.
(3) (A) The amount of grant funding spent on each type of housing.
(B) Other local, state, or federal funds or programs used to house
clients.
(4) The number of persons with contacts with local law enforcement
and the extent to which local and state incarceration has been
reduced or avoided.
(5) The number of persons participating in employment service
programs including competitive employment.
(6) The number of persons contacted in outreach efforts who appear
to be severely mentally ill, as described in Section 5600.3, who
have refused treatment after completion of all applicable outreach
measures.
(7) The amount of hospitalization that has been reduced or
avoided.
(8) The extent to which veterans identified through these programs'
outreach are receiving federally funded veterans' services for which
they are eligible.
(9) The extent to which programs funded for three or more years
are making a measurable and significant difference on the street, in
hospitals, and in jails, as compared to other counties or as compared
to those counties in previous years.
(10) For those who have been enrolled in this program for at least
two years and who were enrolled in Medi-Cal prior to, and at the
time they were enrolled in, this program, a comparison of their
Medi-Cal hospitalizations and other Medi-Cal costs for the two years
prior to enrollment and the two years after enrollment in this
program.
(11) The number of persons served who were and were not receiving
Medi-Cal benefits in the 12-month period prior to enrollment and, to
the extent possible, the number of emergency room visits and other
medical costs for those not enrolled in Medi-Cal in the prior
12-month period.
(c) To the extent that state savings associated with providing
integrated services for the mentally ill are quantified, it is the
intent of the Legislature to capture those savings in order to
provide integrated services to additional adults.
(d) Each project shall include outreach and service grants in
accordance with a contract between the state and approved counties
that reflects the number of anticipated contacts with people who are
homeless or at risk of homelessness, and the number of those who are
severely mentally ill and who are likely to be successfully referred
for treatment and will remain in treatment as necessary.
(e) All counties that receive funding shall be subject to specific
terms and conditions of oversight and training which shall be
developed by the department, in consultation with the advisory
committee.
(f) (1) As used in this part, "receiving extensive mental health
services" means having a personal services coordinator, as described
in subdivision (b) of Section 5806, and having an individual personal
service plan, as described in subdivision (c) of Section 5806.
(2) The funding provided pursuant to this part shall be sufficient
to provide mental health services, medically necessary medications
to treat severe mental illnesses, alcohol and drug services,
transportation, supportive housing and other housing assistance,
vocational rehabilitation and supported employment services, money
management assistance for accessing other health care and obtaining
federal income and housing support, accessing veterans' services,
stipends, and other incentives to attract and retain sufficient
numbers of qualified professionals as necessary to provide the
necessary levels of these services. These grants shall, however, pay
for only that portion of the costs of those services not otherwise
provided by federal funds or other state funds.
(3) Methods used by counties to contract for services pursuant to
paragraph (2) shall promote prompt and flexible use of funds,
consistent with the scope of services for which the county has
contracted with each provider.
(g) Contracts awarded pursuant to this part shall be exempt from
the Public Contract Code and the state administrative manual and
shall not be subject to the approval of the Department of General
Services.
(h) Notwithstanding any other provision of law, funds awarded to
counties pursuant to this part and Part 4 (commencing with Section
5850) shall not require a local match in funds.
SEC. 102. Section 10506 of the Welfare
and Institutions Code is amended to read:
10506. (a) Except as otherwise required by Sections 10614 and
14100.5, the State Department of Health Care Services (Genetically
Handicapped Persons, CCS, CHDP, and the caseload programs in the
Genetic Disease Branch), State Department of Alcohol and
Drug Programs (Drug Medi-Cal Program), Managed Risk Medical
Insurance Board, State Department of Developmental Services, State
Department of State Hospitals, and Department of Child Support
Services shall submit to the Department of Finance for its approval
all assumptions underlying all estimates used to develop the
departments' budgets by September 10 of each year, and those
assumptions, as revised by, March 1 of the following year.
(b) The Department of Finance shall approve, modify, or deny the
assumptions underlying all estimates within 15 working days of their
submission. If the Department of Finance does not modify, deny, or
otherwise indicate that the assumptions are open for consideration
pending further information submitted by the department by that date,
the assumptions as presented by the submitting department shall be
deemed to be accepted by the Department of Finance as of that date.
(c) Each department or board described in subdivision (a) shall
also submit an estimate of expenditures for each of the categorical
aid programs in its budget to the Department of Finance by November 1
of each year and those estimates as revised by April 20 of the
following year. Each estimate shall contain a concise statement
identifying applicable estimate components, such as caseload, unit
cost, implementation date, whether it is a new or continuing premise,
and other assumptions necessary to support the estimate. The
submittal shall include a projection of the fiscal impact of each of
the approved assumptions related to a regulatory, statutory, or
policy change, a detailed explanation of any changes to the base
estimate projections from the previous estimate, and a projection of
the fiscal impact of that change to the base estimate.
(d) Each department or board shall identify those premises to
which either of the following applies:
(1) Have been discontinued since the previous estimate was
submitted. The department or board shall provide a chart that tracks
the history of each discontinued premise in the prior year, the
current year, and the budget year.
(2) Have been placed in the basic cost line of the estimate
package.
(e) In the event that the methodological steps employed in
arriving at the estimates in May differ from those used in November
of the preceding year, the department or board shall submit a
descriptive narrative of the revised methodology. In addition, the
estimates shall include fiscal charts that track appropriations from
the Budget Act to the current Governor's Budget and May Revision for
all fund sources for the prior year, current year and budget year.
This information shall be provided to the Department of Finance, the
Joint Legislative Budget Committee, the Health and Human Services
Policy Committees, and the fiscal committees, along with other
materials included in the annual May Revision of expenditure
estimates.
(f) The estimates of average monthly caseloads, average monthly
grants, total estimated expenditures, including administrative
expenditures and savings or costs associated with all regulatory or
statutory changes, as well as all supporting data provided by the
department or developed independently by the Department of Finance,
shall be made available to the Joint Legislative Budget Committee,
the Health and Human Services Policy Committees, and the fiscal
committees.
(g) On or after January 10, if the Department of Finance discovers
a material error in the information provided pursuant to this
section, the Department of Finance shall inform the consultants to
the fiscal committees of the error in a timely manner.
(h) The departmental estimates, assumptions, and other supporting
data prepared for purposes of this section shall be forwarded
annually to the Joint Legislative Budget Committee, the Health and
Human Services Policy Committees, and the fiscal committees of the
Legislature, not later than January 10 and May 14 by the department
or board if this information has not been released earlier by the
Department of Finance.
(i) The requirements of this section do not apply to the State
Department of Social Services estimate or the State Department of
Health Care Services' Medi-Cal Program estimate, which are governed
by Sections 10614 and 14100.5, respectively.
(j) The Department of Rehabilitation shall submit assumptions and
an estimate of case services expenditures for the Vocational
Rehabilitation (VR) program specifically detailing the VR supported
employment and work activity elements in accordance with this part,
except that assumptions shall be submitted only annually, on or
before March 1, and an estimate of expenditures shall be submitted
only annually, on or before April 20, to the Department of Finance.
The departmental assumptions and the departmental estimate of
expenditures shall be forwarded annually, on or before May 14, to the
Joint Legislative Budget Committee, and to the health and human
services policy committees and fiscal committees of the Legislature,
if this information has not been released earlier by the Department
of Finance.
SEC. 103. Section 14132.21 of the
Welfare and Institutions Code is amended to read:
14132.21. The department, in consultation with the State
Department of Alcohol and Drug Programs, department
shall assess the feasibility of applying to the federal Health
Care Financing Administration for a Medicaid State Plan amendment to
provide targeted case management to pregnant substance-abusing women
and women who have given birth to a drug-exposed or alcohol-exposed
infant. These women may be identified through self-referral, family
planning or health clinics, public or private hospitals, drug
treatment programs, the Medi-Cal program, or other public assistance
or health treatment programs. Women eligible for services under the
targeted case management program would be provided the following case
management services:
(a) Intake and service needs assessment of women currently
receiving Medi-Cal benefits.
(b) Development of a coordinated health and treatment plan for the
eligible woman and her infant, listing needed services.
(c) Case management services to assist with gaining access to
needed medical, social, educational, and other services.
(d) Referral to any of the following programs that are listed in
the woman's health and treatment plan:
(1) Child Health and Disability Prevention Program.
(2) Supplementary Food Program for Women, Infants, and Children
(WIC).
(3) Drug abuse treatment and detoxification programs.
(4) In-home support services to enhance the woman's utilization of
drug treatment programs, and prenatal and perinatal care services.
(5) Transportation to health and drug treatment services.
(6) Crisis assistance to address health and drug treatment needs.
(7) Other case management services authorized by the federal
Health Care Financing Administration.
SEC. 104. Section 14132.36 of the
Welfare and Institutions Code is repealed.
14132.36. (a) To the extent that federal financial participation
becomes available, residential care for alcohol and drug exposed
pregnant women and women in the postpartum perinatal period is a
covered service under this chapter, subject to utilization controls.
(b) For purposes of this section, "residential care" shall consist
of those services specified in the interagency agreement between the
State Department of Alcohol and Drug Programs and the State
Department of Health Services.
(c) The State Department of Alcohol and Drug Programs shall be the
agency responsible for establishing the residential care programs.
The department shall, for the purposes of this section, provide funds
from the department's budget for the purpose of obtaining federal
matching funds under Title XIX of the Social Security Act (42 U.S.C.
Sec. 1396, and following) for the residential care programs.
SEC. 105. Section 14132.90 of the
Welfare and Institutions Code is amended to read:
14132.90. (a) As of September 15, 1995, day care habilitative
services, pursuant to subdivision (c) of Section 14021 shall be
provided only to alcohol and drug exposed pregnant women and women in
the postpartum period, or as required by federal law.
(b) (1) Notwithstanding any other provision of law, except to the
extent required by federal law, if, as of May 15, 2000, the projected
costs for the 1999-2000 fiscal year for outpatient drug abuse
services, as described in Section 14021, exceed forty-five million
dollars ($45,000,000) in state General Fund moneys, then the
outpatient drug free services, as defined in Section 51341.1 of Title
22 of the California Code of Regulations, shall not be a benefit
under this chapter as of July 1, 2000.
(2) Notwithstanding paragraph (1), narcotic replacement therapy
and Naltrexone shall remain benefits under this chapter.
(3) Notwithstanding paragraph (1), residential care, outpatient
drug free services, and day care habilitative services, for alcohol
and drug exposed pregnant women and women in the postpartum period
shall remain benefits under this chapter.
(c) Expenditures for services purchased at the direction of county
welfare departments on behalf of CalWORKs recipients shall not be
included in the computation of costs for subdivision (b).
(d) For the 1999-2000 fiscal year and each fiscal year thereafter,
there shall be separate annual fiscal year General Fund
appropriations for drug Medi-Cal perinatal services (Item
4200-104-0001 of the Budget Act), drug Medi-Cal nonperinatal services
(Item 4200-103-0001 of the Budget Act), nondrug Medi-Cal perinatal
services (Item 4200-102-0001 of the Budget Act), and nondrug Medi-Cal
nonperinatal services (Item 4200-101-0001 of the Budget Act).
(e) Notwithstanding any other provision of law, the State
Department of Alcohol and Drug Programs shall maintain a contingency
reserve of the reappropriated General Fund moneys for the purpose of
drug Medi-Cal program expenditures.
(f) Unexpended General Fund moneys appropriated for the drug
Medi-Cal program may be transferred for use as nondrug Medi-Cal
county expenditures in the current or budget years. Unexpended
General Fund moneys shall not be transferred from nondrug Medi-Cal to
the drug Medi-Cal program for purposes of providing matching funds
for federal financial participation.
(g) This section shall become inoperative on July 1, 2013.
SEC. 106. Section 14132.905 is added to the Welfare and
Institutions Code, immediately following Section 14132.90, to read:
14132.905. (a) Day care habilitative services, pursuant to
subdivision (c) of Section 14021, shall be provided only to alcohol-
and drug-exposed pregnant women and women in the postpartum period,
or as required by federal law.
(b) This section shall become operative on July 1, 2013.
SEC. 107. Section 17700 of the Welfare
and Institutions Code is amended to read:
17700. The Legislature finds and declares all of the following:
(a) Many children adjudicated dependents of the juvenile court
pursuant to Section 300 and following are, because of abuse, neglect,
or exploitation within the family environment, unable to remain
safely in their own homes.
(b) Children requiring placement in foster care are, pursuant to
Section 675 (5)(a) of Title 42 of the United States Code, entitled
to placement in the
least restrictive, most family-like setting in close proximity to the
parent's home, consistent with the best interest and special needs
of the child.
(c) A significant number of children adjudicated dependents of the
juvenile court under Section 300 and following who require placement
outside their own homes have special health care needs. Children
with biological families who can provide health care services can be
discharged from hospital care into home care when it has been
determined that the child is medically stable.
(d) Children who have become dependents of the juvenile court may
become, because of a lack of appropriate placement options, long-term
boarders in hospitals or other health care institutions.
(e) It is, therefore, the intent of the Legislature to support
expansion of existing prevention and treatment programs designed to
serve the parent and child with special health care needs which are
administered by the State Department of Health Care
Services, the State Department of Social Services,
and the State Department of Alcohol and Drug Programs.
Social Services.
Further, it is the intent of the Legislature to establish a
program to place children with special health care needs in special
foster care homes, licensed pursuant to Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code, wherein
foster parents are trained by health care professionals, pursuant to
the discharge plan of the facility releasing the child being placed,
or who is currently, in foster care.
It is further the intent of the Legislature to encourage, to the
extent feasible, the placement of children with special health care
needs with relatives trained by health care professionals.
SEC. 108. Section 18987.7 of the
Welfare and Institutions Code is amended to read:
18987.7. (a) The State Department of Social Services shall
convene a workgroup of public and private nonprofit stakeholders that
shall develop a plan for transforming the current system of group
care for foster children or youth, and for children with serious
emotional disorders (SED), into a system of residentially based
services. The stakeholders may include, but not be limited to,
representatives of the department, the State Department of Education,
the State Department of Health Care Services, the State
Department of Alcohol and Drug Programs,
and the Department of Corrections and Rehabilitation; county child
welfare, probation, mental health, and alcohol and drug programs;
local education authorities; current and former foster youth, parents
of foster children or youth, and children or youth with SED; private
nonprofit agencies operating group homes; children's advocates; and
other interested parties.
(b) The plan developed pursuant to this chapter shall utilize the
reports delivered to the Legislature pursuant to Section 75 of
Chapter 311 of the Statutes of 1998 by the Steering Committee for the
Reexamination of the Role of Group Care in a Family-Based System of
Care in June 2001 and August 2002, and the "Framework for a New
System for Residentially-Based Services in California" published in
March 2006.
(c) In the development, implementation, and subsequent revisions
of the plan developed pursuant to subdivision (a), the knowledge and
experience gained by counties and private nonprofit agencies through
the operation of their residentially based services programs created
under voluntary agreements made pursuant to Section 18987.72,
including, but not limited to, the results of evaluations prepared
pursuant to paragraph (3) of subdivision (c) of Section 18987.72
shall be utilized.
(d) The workgroup described in subdivision (a) shall be the
workgroup described in Section 11461.2. The responsibilities
described in subdivisions (b) and (c) shall be assumed by the
workgroup and the recommendations shall be submitted as set forth in
subdivision (f) of Section 11461.2.
SEC. 109. The sum of two million four thousand
dollars ($2,004,000) is hereby appropriated from the Federal Trust
Fund to the State Department of Health Care Services for mental
health programs, and shall be available for encumbrance and
expenditure until June 30, 2014.
SEC. 110. This act shall become operative on July
1, 2013.
SEC. 111. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.
