AB 1542

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly Feb 19, 2021
  • Passed Assembly Jun 02, 2021
  • Passed Senate Sep 02, 2021
  • Governor

County of Yolo: Secured Residential Treatment Program.

Abstract

Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. Existing law imposes various fines, fees, penalties, and assessments on a defendant in a criminal proceeding, including the fine set by statute, restitution fines and fees, and assessments to support the state court system. This bill would, until January 1, 2025, authorize the County of Yolo to offer a pilot program, known as the Secured Residential Treatment Program, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and psychological assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature. The bill would require the judge to offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence otherwise imposed, if the defendant's crime was caused in whole or in part by the defendant's SUD, the crime was not a sex crime, serious or violent felony, or nonviolent drug possession, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the health and human services agency of the county that the defendant's participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified. The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participant's request, as specified. If the participant successfully completes the court-ordered drug treatment pursuant to the pilot program, the bill would require the court to expunge the conviction from the participant's record and would authorize the court to expunge the conviction of any previous drug possession or drug use crimes on the participant's record. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution. This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participant's personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the court's final judgment, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Yolo. This bill would incorporate additional changes to Section 4019 of the Penal Code proposed by SB 317 to be operative only if this bill and SB 317 are enacted and this bill is enacted last.

Bill Sponsors (2)

Votes


Actions


Oct 08, 2021

Assembly

Vetoed by Governor.

Sep 13, 2021

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Sep 07, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 0.).

Sep 02, 2021

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Aug 30, 2021

Senate

Read second time. Ordered to third reading.

Aug 26, 2021

Senate

Read second time and amended. Ordered returned to second reading.

Senate

From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 26).

Aug 16, 2021

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jul 15, 2021

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 14, 2021

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 14).

Jul 07, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HEALTH.

Jun 30, 2021

Senate

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 3. Noes 0. Page 1722.) (June 29). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Jun 09, 2021

Senate

Referred to Coms. on PUB. S. and HEALTH.

  • Referral-Committee
Coms. on PUB. S. and HEALTH.

Jun 03, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 02, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 1.)

May 24, 2021

Assembly

Read second time. Ordered to third reading.

May 20, 2021

Assembly

From committee: Do pass. (Ayes 11. Noes 4.) (May 20).

May 12, 2021

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

May 03, 2021

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 29, 2021

Assembly

Read second time and amended.

Apr 28, 2021

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (April 27).

Apr 14, 2021

Assembly

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 0.) (April 13). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Apr 05, 2021

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 30, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Mar 11, 2021

Assembly

Referred to Coms. on PUB. S. and HEALTH.

  • Referral-Committee
Coms. on PUB. S. and HEALTH.

Feb 22, 2021

Assembly

Read first time.

Feb 20, 2021

Assembly

From printer. May be heard in committee March 22.

Feb 19, 2021

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB1542 HTML
02/19/21 - Introduced PDF
03/30/21 - Amended Assembly PDF
04/29/21 - Amended Assembly PDF
07/07/21 - Amended Senate PDF
07/15/21 - Amended Senate PDF
08/26/21 - Amended Senate PDF
09/09/21 - Enrolled PDF

Related Documents

Document Format
04/12/21- Assembly Public Safety PDF
04/23/21- Assembly Health PDF
05/10/21- Assembly Appropriations PDF
05/24/21- ASSEMBLY FLOOR ANALYSIS PDF
06/27/21- Senate Public Safety PDF
07/12/21- Senate Health PDF
08/13/21- Senate Appropriations PDF
08/26/21- Senate Appropriations PDF
08/31/21- Sen. Floor Analyses PDF
09/02/21- ASSEMBLY FLOOR ANALYSIS PDF
10/13/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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