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Laws and Regulations

California Drug Court Article 4.

SEC. 6. Article 4 (commencing with Section 11970.1) is added to Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code, to read:

Article 4. Comprehensive Drug Court Implementation Act of 1999 -
As amended by AB 2876 (Chapter 108, Statute of 2000)

11970.1.

  1. This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act of 1999.
  2. This article shall be administered by the State Department of Alcohol and Drug Programs.
  3. The department and the Judicial Council shall design and implement this article through the Drug Court Partnership Executive Steering Committee established under the Drug Court Partnership Act of 1998 pursuant to 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.

11970.2.

  1. A county alcohol and drug program administrator and the presiding judge in the county shall develop and submit a comprehensive multi-agency drug court plan for implementing cost-effective local drug court systems for adults, juveniles, and parents of children who are detained by, or are dependents of the juvenile court to be eligible for funding under this chapter. The plan shall do all of the following:
    1. Describe existing programs that serve substance abusing adults, juveniles, and parents of children who are detained by, or are dependents of, the juvenile court.
    2. Provide a local action plan for implementing cost-effective drug court systems, including any or all of the following drug court systems:
      1. Drug courts operating pursuant to Sections 1000 to 1000.5, inclusive, of the Penal Code.
      2. Drug courts for juvenile offenders.
      3. Drug courts for parents of children who are detained by, or are dependents of, the juvenile court.
      4. Drug courts for parents of children in family law cases involving custody and visitation issues.
      5. Other drug court systems that are approved by the Drug Court Partnership Executive Steering Committee.
    3. Develop information-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the local action plan in achieving its goals.
    4. Identify outcome measures that will determine the cost effectiveness of the local action plan.
  2. The department, in collaboration with the Judicial Council, shall distribute funds to eligible counties using the two thousand five hundred dollars ($2,500) per million/remainder per capita methodology, subject to appropriation in the Budget Act. Funding shall be used to supplement, rather than supplant, existing programs. Funding for counties that opt not to participate in the program shall be distributed on a per capita basis to participating counties.
    1. Funds distributed to counties shall be used for programs that are identified in the local plan. Acceptable uses may include, but are not limited to, any of the following: drug court coordinators, case management, training, drug testing, treatment, transportation, and other costs related to the implementation of the plan.
    2. No funds shall be distributed unless the applicant makes available resources in an amount equal to at least 10 percent of the amount of the funds distributed in years one and two, and 20 percent of the amount of the funds distributed in years three, four, and five.
  3. The department, with concurrence from the Judicial Council, shall establish minimum standards, funding schedules, and procedures for funding programs.
  4. The department, in collaboration with the Judicial Council, shall create an evaluation design for the Comprehensive Drug Court Implementation Act of 1999, that will assess the effectiveness of the program. The department, together with the Judicial Council, shall develop an interim report to be submitted to the Legislature on or before March 1, 2004, and a final analysis of the program in a report to be submitted to the Legislature on or before March 1, 2005.

11970.3.

  1. It is the intent of the Legislature that this chapter be funded by an appropriation in the annual Budget Act.
  2. Up to 5 percent of the amount appropriated by the annual Budget Act is available to the department and the Judicial Council to administer the program, including technical assistance to counties and development of an evaluation component.

11970.4.

This article shall remain operative only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.