HomeMy WebLinkAboutMINUTES - 09171996 - C69 7,0: BOARD OF SUPERVISORS
Contra
FROM: Dr. William Walker, Health Services Directorj _
��� ��� Costa
L
County
DATE: July 9, 1996
SUBJECT. IMPLEMENTATION OF STANDARDS FOR PC 1000 DRUG DIVERSION
PROGRAMS
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Accept the recommendation from the Health Services Department, Community
Substance Abuse Services Division, to set standards for the certification and operation
of PC 1000 Drug Diversion Programs and to certify programs meeting those
standards.
II. FISCAL IMPACT
There will be no County costs associated with this program. Client fees will be the
sole support for PC1000 program activities.
The County shall require, as a condition of certification, that the Drug Diversion
programs pay to the HSD's Community Substance Abuse Services Division (CSAS) all
expenses incurred by the county for administration, certification, or management of
the Drug Diversion Program.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
In 1993 the California State Legislature passed AB 3555 which mandated that by
January 1, 1995, each county's drug program administrator would certify specific
programs for purposes of Penal Code 1000 (PC 1000). PC 1000 allows for the
diversion from prosecution of non-violent, first offense criminal defendants who have
been charged with one of eleven different divertable drug offenses. .PC 1000 was
CONTINUED ON ATTACHMENT: YES SIGNATURE:`/
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 17, 1996 X
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS i
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ------------- AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: ATTESTED September 17. 1996
PHIL8 E OR,CLERK OF THE BOARD OF
Municipal Court Judges (Via Court Admin) ER S AND COUNTY AD STRATOR
District Attorney
Probation Department '
M382 ( lth Services Department BY D
instituted over 20 years ago and AB 3555 is a recent attempt to develop minimum standards
for these PC 1000 programs.
Contra Costa County has approximately 1,200 PC 1000 cases per year and the various court
districts utilize different programs to meet the needs of this defendant population. AB 3555
requires, among other things, that defendants attend at least 20 hours of group or classroom
work. After six months to two years' time, their charges will be dismissed if the defendant
has complied with the terms and conditions of diversion.
A previous board order "recommending that the various court probation officers be
designated as the 'programs' for the purpose of compliance with AB 3555" was approved on
December 20, 1994, as an "interim sten which may be modified".
This recommendation to establish uniform standards for the certification and operation of
PC 1000 Drug Diversion Programs will ensure compliance with AB 3555 mandates and
create a "system" of treatment for all municipal and superior court PC 1000 drug offenders.
The municipal court judges through the court administrator, the court probation officers
along with County Probation have consulted in the establishment of these PC 1000
standards, have reviewed the final draft and approve this recommendation. The courts,
Probation Department and the Health Services Department are committed to working
together in improving services for drug defendants who are diverted from the Criminal
Justice system.
Steve#1012:pc1000bd,ord
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CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
COMMUNITY SUBSTANCE ABUSE SERVICES DIVISION
STANDARDS FOR THE
CER TIFI CA TION AND OPERATION OF
PC 1000 DRUG DIVERSION PROGRAMS
Chuck Deutschman
Director
Community Substance Abuse Services Division
Steve Loveseth
Substance Abuse Program Manager
Edward C. Carlson, M'A., M.F.C.C.
Substance Abuse Program Coordinator
April 1, 1996
April 1,1996
PCIPRCPI.WPO.rev 32896.=s
R e sel
Table of Contents
I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. PC 1000 Program Goals and Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
II. GENERAL ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. Application of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Authority Cited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. County Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. Court Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
E. Probation Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
F. Central Assessment Unit Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
G. PC 1000 Program Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
III. CERTIFICATION OF PC 1000 PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A. Certification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B. Eligible Service Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
C. Certification Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
D. Program Monitoring and Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
'IV. PROGRAM STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Staff Qualifications and Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Program Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 8
1. Enrollment and Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3. Intake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4. Educational Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 10
5. Group Counseling Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6. Face-to-Face Interviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7. Drug Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8. Support Meeting Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9. Exit Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
C. Participant Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
D. Program Documentation and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
V. PARTICIPANT STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
A. Criteria for Successful Program Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
B. Alcohol and Other Drug Use Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1
C. Participant Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
D. Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
E. Participant Program Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
F. Inter-program Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1. In-County Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2. Out-of-County Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
G. Dismissal of Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
H. Reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
VI. FINANCIAL ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
A. Rules on Financial Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
B. Credits and Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
C. Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
VII. PROGRAM MONITORING AND EVALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . 21
A. Condition of Facility Site Visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
B. Comprehensive Site Visit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
C. Quarterly Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
D. Coordination Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
VIII. APPENDIXES
Appendix A Penal Code 1000/1211 Regulations
Appendix B Drug Diversion Referral Form
Appendix C Meeting Sign-Off Sheet
Appendix D Exit Interview Form
Appendix E Request for Leave of Absence Form
Appendix F Inter-Program Transfer Form
Appendix G Quarterly Diversion Report
Appendix H Proposed Program Fees
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 2
c41
I. INTRODUCTION
The purpose of these Standards is to provide County PC 1000 service providers, and
participants with the minimum standards and procedures for the successful operation and
completion of PC 1000 program requirements. These Standards incorporate regulatory
mandates set forth in California Penal Code sections 1000 (Chapter 2.5 of Title 6) and 1211
(Chapter 1.5 of Title 8).
A. PC 1000 Program Goals and Objectives:
1. Goals:
a. To improve diversion outcome among PC 1000 Drug Diversion
Program participants who complete the program; and
b. To reduce drug abuse and criminal recidivism among PC 1000
Drug Diversion Program participants who complete the program.
2. Objectives:
a. To increase participants' understanding of the addiction process
and the negative impacts associated with the abuse of drugs;
b. To create positive changes in participants' attitudes and behavior
that lead to a reduction in drug abuse and criminal activity; and
C. To improve participants' social and personal coping skills and to
create an environment for change in which responsible decision-
making and viable lifestyle alternatives are acceptable; and
d. To help and encourage participants to explore alternate lifestyles
and continue their abstinence and recovery from drugs.
II. GENERAL ADMINISTRATION
A. Application of Standards
These Standards apply to the County, PC 1000 Drug Diversion Programs
certified by the Community Substance Abuse Services (CSAS) Division
Director. The diversion programs must provide services at no cost to the
participants who have been deemed unable to pay for them.
B. Authority Cited
1. Penal Codes 1000 and 1211 Drug Diversion Regulations. Refer to
Appendix A; ands .__
2. County PC 1000 Drug Diversion Program Standards: Action by County
Board of Supervisors.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 3
C. County Responsibilities -The Community Substance Abuse Services Division
Director shall:
1. Developprogram certification standards and procedures to ensure
programmatic and fiscal integrity of PC 1000 programs.
2. Approve, renew, deny, or revoke certification of PC 1000 Drug Diversion
programs.
3. Upon the request of the Court, review non-certified programs to
determine their credibility and effectiveness to provide PC 1000 program
services at no cost to the participants. A separate process will be used by
CSAS Director to review and approve these programs.
4. Amend, as authorized by the County Board of Supervisors, the County
Standards for the Operation and Certification of PC 1000 Drug Diversion
Programs and provide copies of such Standards to all PC 1000 programs,
the Courts, District Attorney, law enforcement, Public Defender,
monitoring probation entity Department, and to other interested parties.
5. Provide the PC 1000 programs, through information and technical
expertise, assistance necessary to comply with these Standards.
6. Collaborate with representatives of the PC 1000 programs,the Courts,
Monitoring Probation Entity and other interested parties to maintain
quality assurance (program effectiveness and efficiency) in the PC 1000
Program and to develop ongoing measures of program effectiveness.
7. Review and approve PC 1000 Program participant fee schedules as
needed.
8. Collect program participant data and program financial information to
monitor program performance and compliance with Standards.
9. Assure that programs do not use other funds administered by Community
Substance Abuse Services Division for PC 1000 program operations.
10. Establish a mechanism to reimburse, from participant fees, County costs
that are incurred pursuant to these Standards.
11. Monitor PC 1000 programs yearly to determine program effectiveness
and make recommendations for program improvements, and to ensure
program quality for all participants (women, disabled, non-English-
speaking, other special populations).
D. Court Responsibilities
1. Upon eligibility determination,the Court will either deny diversion,
summarily grant diversion, or refer the defendant to Monitoring
Probation Entity for a suitability assessment before granting diversion.
2. The Court will refer all those defendants granted diversion to the Central -
Assessment Unit(CAU) staffed by the Community Substance Abuse
Services Division for evaluation and placement into the appropriate
diversionary program(Level I or Level II).
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 4
3. The Court will provide to the Central Assessment Unit the names and
case numbers of those ordered to diversion.
E. Probation Responsibilities
1. Monitoring Probation Entity or the Court decides whether or.not a person
meets the criteria for diversion.
2. Provide all monitoring of divertees placed in diversion programs.
3. Provide all final reports to the Court relating to both successful and
unsuccessful diversion cases.
F. Central Assessment Unit Responsibilities
1. Perform assessment interview to determine defendant's level of education
and/or treatment necessary to effect change in defendant's substance
abuse behavior.
2. Administer initial drug testing to determine a baseline reading on the
level of drug/s, if any, in the defendant's system.
3. Refer divertees to an appropriate program level based on the results of
assessment interview and/or drug test, or upon recommendation of the
Court or Court Monitoring Officer.
4. Waive fees in accordance with the policy of CSAS.
5. Issue Certificate of Completion to all those who successfully completed
the program and paid all fees including fees assessed by the CAU.
6. Provide required reports to the Court and certified drug diversion
programs in a timely manner.
G. PC 1000 Program Responsibilities
1. Operate and maintain program services according to these Standards.
2. Ensure fiscal integrity and maintain program costs within the client fee
system approved by the County.
3. Hire,train and retain qualified staff to process enrollments, collect fees,
report to the Central Assessment Unit(CAU) and Monitoring Probation
Entity, provide required program services, and perform daily operations
and activities.
4. Provide the Community Substance Abuse Services Division(CSAS)
Director, or designee, access to all programmatic and fiscal records
necessary to conduct program monitoring and evaluation. Access shall
not conflict with any local, state of federal confidentiality regulations.
5. _ Accept all referrals from Central Assessment Unit(CAU).
6. Provide timely reporting on participant status to Monitoring Probation
Entity and Central Assessment Unit.
7. Maintain a County approved annual program expenditure and revenue
budget.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 Jr
8. Pay the Community Substance Abuse Services Division for expenses
incurred by the County for administration, certification, or management
of the drug diversion program.
9. Develop and maintain an agency policy and procedures manual for the
operation of the PC 1000 program. All program staff shall review the
manual with a notation made in each employee file of the date the manual
was reviewed.
10. Develop and implement an in-house quality control procedure to ensure
that program resources are maximized and that participant and support
services comply with these Standards.
III. CERTIFICATION OF PC 1000 PROGRAMS
A. Certification Requirements
1. CSAS shall develop and implement a program certification process to
ensure the programmatic and fiscal integrity and effectiveness of PC 1000
programs based on these Standards and per PC 1211.
2. The County shall require, as a condition of certification,that the drug
diversion program pay to the county drug program all expenses incurred
by the County for administration, certification, or management of the
drug diversion program, including, but not limited to,the costs of
preparing the Court reports and monitoring compliance with the diversion
order. The CSASD shall assess 5%monitoring fee on the gross program
revenues/fees to cover administration costs of the program. Monitoring
fees shall be paid 30 days after the end of each quarter and shall be
submitted with the quarterly report(Refer to Appendix G).
B. Eligible Service Providers
Only those service agencies selected and approved by CSAS shall be certified as
PC 1000 providers eligible to serve PC 1000 Program participants per these
Standards.
C. Certification Renewal
PC 1000 Drug Diversion programs shall be re-certified annually by CSASD.
D. Program Monitoring and Evaluation
Program shall cooperate with and assist the County to conduct program
compliance reviews and any special data collection or research for monitoring.
program operations and evaluating program effectiveness.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 6
1. Measurable outcome objectives -Program shall maintain and meet
County approved measurable outcome objectives. This may include,but
is not limited to, client satisfaction,recidivism, and completion rates.
2. Annual program review by CSAS - CSAS will schedule and conduct at
least one formal program certification and/or monitoring visit annually to
each program. A written report of findings and recommendations will be
prepared and forwarded to the program for response and corrective action
if needed.
3. Revocation of Certification - CSAS Director has the option to revoke or
refuse to renew program certification any time, if a program fails to
respond to requests by the County to take corrective action, or the
action(s) taken by the program are inadequate to resolve program
deficiencies. This action could result in immediate termination as a drug
diversion service provider.
IV. Program Standards
A. Staff Qualifications and Functions
1. The PC 1000 program administrator shall have the following minimum
experience and/or education:
a. Two years of experience providing drug treatment or recovery
services;
b. One year of experience supervising personnel; and
C. One year of experience managing an accounting system, or
preparing or directing the preparation of budgets or cost reports.
Satisfactory completion of two college-level courses in
accounting may be substituted for the one year of experience.
"Satisfactory completion" means attainment of a grade of"C" or
better.
2. Program staff who conducts individual or group intervention sessions,
intake interviews, face-to-face interviews, or assessments of participants'
alcohol/drug problems shall have a minimum of two years of experience
in providing services to persons with alcohol/drug problems.
3. Program staff who conducts educational sessions shall have a minimum
of two years of experience in providing drug education and information
in group sessions.
4. One year of college-level education, which includes the satisfactory
completion of at least 12 semester units or the equivalent of drug studies,
psychology, counseling, social work, or a related field, may be
substituted for one year of the experience required in numbers two and
three above.
5. The program shall maintain personnel records for all staff, containing:
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 7
a. Name, address,telephone number, position, duties, and date of
employment; and
b. Resumes, applications, and/or transcripts documenting work
experience and education used to meet the requirements of these
standards.
B. Program Services
1. Enrollment and Discharge
Once the Court grants diversion and refers the individual to the Central
Assessment Unit(CAU),the defendant must contact the CAU
immediately, or within the time designated by the Court,to schedule an
assessment appointment. If the divertee does not contact the CAU
immediately or within the Court designated time, the "Drug Diversion
Referral Form" (stating the failure to call for an assessment appointment)
will be completed by the CAU and the form will be sent to Monitoring
Probation Entity,with a copy retained for CAU's files. (Refer to
Appendix B "Drug Diversion Referral Form".)
The assessment appointment will be scheduled within seven(7) days. If
the divertee does not attend the assessment appointment within seven(7)
days,the same form will be completed (stating the failure to attend
assessment appointment) and sent to Monitoring Probation Entity. After
assessment and program level determination, the divertee will be assigned
to an appropriate diversion program. The divertee must enroll in the
assigned programs within ten(10) days.
The CAU will send a copy of the divertee's assessment to the diversion
program upon completion of the assessment. The CAU will use the same
"Drug Diversion Referral Form" to document that the divertee either
enrolled into the recommended diversion program, or did not enroll in
recommended diversion program. The CAU will then send the "Drug
Diversion Referral Form" to Monitoring Probation Entity for monitoring.
The drug diversion program must notify CAU if divertee fails to enroll in
the program within ten(10) days from the date of the notice.
Certified drug diversion programs will send either a termination
letter/form or completion letter/form to the Central Assessment Unit
within a week of the divertee's exit. A completion certificate will be
issued only by the CAU if the divertee has paid all fees assessed by the
CAU. The completion certificate or non-completion certificate will be
sent by the CAU to Monitoring Probation Entity within five (5) days
from receipt of completion or termination letter/form from the certified
drug diversion program.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 8
2. Assessment
The assessment interview is conducted by the staff of Community
Substance Abuse Services Division's "Central Assessment Unit" (CAU).
The interview is used to determine the level of education and/or treatment
necessary to effect change in divertee's substance abuse behavior. There
will be two levels of program services. Both levels are outpatient
services. In cases where diversion clients may be determined to need
residential care,the CAU,upon divertee's consent, can refer outside the
drug diversion programs to a State-licensed residential program. The
assessment tool that will be used by the CAU will gather the necessary
information regarding the following:
a. , Social, economic and family background;
b. Educational history;
C. Employment history;
d. Criminal history;
e. Medical history;
f. Drug and alcohol use history;
g. Prior drug and alcohol abuse services;
h. Financial assessment.
A copy of the divertee's assessment will be sent to each diversion
program. There will be a non-refundable assessment fee of$40.00
payable to the Community Substance Abuse Services Division at the time
of assessment interview. The fee will be collected by the CAU. The fee
may be waived based on the fee waiver policy of CSAS. During the
assessment the divertee will be assessed on his/her ability to pay the CAU
fee.
3. Intake
Before a divertee receives services,the program shall conduct an intake
interview and enroll the participant in the program. Intakes shall be
conducted according to each diversion program's policy.
The intake interview shall consist of a discussion of:
a. Goals and objectives for participation; including
abstinence from the use of drugs as a goal during the
duration of participation in the program;
b. Intervention groups, counseling, education, and face-to-
face interview requirements;
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 9
C .(A
C. Attendance requirements and procedure for requesting a
leave of absence;
d. Program fees and payment schedules;
e. Location and schedule of program services;
f. Reasons for dismissal from the programs; and
g. The program's participant rules. The participant shall sign
and date a copy of the program rules and the program shall
retain the signed copy in the participant's record.
Forms to be completed at the time of intake are:
a. Consent for Program Participation. The divertee must sign
this form that outlines program rules and expectations
including the drug testing requirement.
b. Releases of Information shall be signed where needed
according to Federal and State confidentiality regulations
regarding the operation of alcohol and drug programs.
Both the Community Substance Abuse Services Division
and the Monitoring Probation Entity shall be listed on the
appropriate release form.
C. Schedule of Classes and/or Group Sessions. The divertee
shall be provided with a schedule of classes and group
sessions.
d. Financial Assessments. A financial assessment shall be
completed at intake with the participant signing a fee
payment contract and issued a fee payment schedule.
e. Proof of Enrollment Form. This form shall be completed
and sent to CAU within five (5) days of intake.
f. Other Intake Information. This may be collected as
required by each diversion program.
The program staff who conducts the intake interview and explains the
participant contract shall meet the qualification standards set forth above.
The program shall begin providing services (i.e., face-to-face interviews,
educational sessions, and group intervention sessions) within 21 days of
the date that it enrolls a participant.
4. Educational Sessions
a. Both Levels I and II of the Drug Diversion Programs shall
provide six two-hour educational sessions.
b. Educational sessions shall be informational in content and
instructional in manner or presentation. Educational sessions may
consist of lectures, seminars, films, audio tapes, written exercises,
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 10
or any combination thereof. Educational sessions shall include
information regarding the following topics:
i. Psychopharmacology: Physiological and psychological
effects and addictive potential of marijuana, stimulants,
depressants, opiates,hallucinogens, and alcohol.
ii. Signs, symptoms, and progression of chemical
dependency.
iii. Family disease concept of addiction.
iv. Health risks associated with drug and alcohol use,
including perinatal drug and alcohol exposure,
HIV/AIDS, and other infectious diseases. The equivalent
of one(2-hour) session shall be devoted to prevention of
HIV and other drug use-related infectious diseases.
V. Legal consequences of illicit drug use and driving under
the influence of alcohol.
vi. The role of alcohol and other drugs in society, including
the cultural, historical, and psycho-social aspects of drug
taking behavior.
vii. Dangers of using drugs in combinations.
viii. Principles of recovery from drug and alcohol addiction.
ix. Introduction to recovery services and support resources,
including 12-step meetings. The equivalent of one (2-
hour) session should consist of discussion with
participants of their experiences with 12-step meetings
they have attended.
X. Relapse prevention principles.
C. Clients shall not attend more than one educational session per
calendar day.
d. The program shall document attendance at educational sessions in
each client's case record.
e. Each educational session shall be limited to 35 attendees.
5. Group Counseling Sessions
a. Level I Drug Diversion Programs shall provide a five (5) one and
one-half hour of group intervention sessions. Level II Drug
Diversion Programs shall provide fifteen(15) one and one-half of
group intervention sessions.
b. Group counseling sessions shall be conducted by the program
staff in a way that:
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996
i. Encourages the participants to talk and share ideas and
information in order to identify and resolve drug related
problems;
ii. Provides an opportunity for participants to examine their
personal attitudes and behavior;
iii. Provides support for positive changes in life style to
facilitate reduction or elimination of drug problems.
C. Group intervention sessions may emphasize a specific topic or
may be less structured in nature.
d. The program shall not use films or lectures to meet the number of
hours required.
e. Group intervention shall be limited to 15 participants.
f. Group intervention sessions shall not be open to participants'
families, friends, or other persons who are not program
participants or staff.
g. The program shall document attendance at a group intervention
sessions in each participant's case record.
6. Face-to-Face Interviews
a. Each program shall conduct one (1)private, face-to-face interview
with each participant to:
i. Monitor payment of fees;
ii. Discuss and encourage participant attendance in
educational and intervention sessions; and
iii. Identify problems that may be barriers to program
completion.
b. Face-to-face interview shall be at least 30 minutes in length and
shall be longer whenever the interviewer or the participant
determines that additional time is needed.
C. The interviewer shall document in each participant's record the
date, time, and length of each face-to-face interview and the issues
discussed during the interview.
7. Drug Testing
a. All diversion participants may be required to submit to drug
testing. Participant drug testing shall be conducted at the time of
CAU's assessment of the divertee in order to determine a baseline
reading on the level of drug(s), if any, in the participant's system.
A copy of the drug test results shall be sent to the diversion
program where the divertee is enrolled. All subsequent tests will
Contra.Costa County PC 1000 Drug Diversion Standards April 1, 1996 12
be compared to this baseline to determine drug use following
assessment.
b. Level I participants are required to submit to a minimum of two
(2)tests. Level II participants are required to submit a minimum
of four(4)tests.
First test-To be administered by Central Assessment Unit. The
cost for this test is already included in the $40.00 non-refundable
assessment fee charged by the CAU.
Additional tests -Any testing in addition to the minimum test
required by the Standards will be paid for by the divertee.
C. Diversion programs are to use drug test results to determine a
participant's progress in sobriety and identify needs for additional
services and/or referrals. After the first drug test, any subsequent
positive drug test will be a ground for immediate referral to
Monitoring Probation Entity. Who will decide if the divertee is to
be re-referred to the Court.
d. All test results will be filed in the participant's case file.
e. Drug Diversion Programs providing on-site testing shall maintain
a systematic audit trail documenting the collection and handling
of urine or other samples.
8. Support Meeting Attendance
Level I participants must attend six (6) 12-step or other community-based
group support meetings for successful completion.
Level II participants must attend twelve (12) 12-step or other
community-based group support meetings for successful completion.
Such meetings may include, but are not limited to,AA,NA, CA, secular
recovery (non-spiritual based) organizations, etc. Meeting attendance
must be verified by signature and submitted to the instructors. (Refer to
Appendix C for "Diversion Meeting Sign-off Sheet.) Programs may
establish their own requirements for the frequency of support meeting
attendance.
9. Exit Conference
All participants shall have a 30-minute individual evaluation toward the
end of the program that shall reflect his or her progress in the program.
Program instructor will evaluate attendance, participation, motivation and
drug test results of the divertee (refer to Appendix D for "Exit Interview
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 13
C-0
Form"). All exit interview forms must be completed and mailed to the
CAU within five days of the exit interview.
Each diversion client shall receive a copy of his/her report. If an
individual successfully completes, the report will be filed with
Monitoring Program Entity and taken back to Court upon the completion
of the diversion time requirements.
If an individual does not successfully complete Level I diversion, he will
be referred back to Monitoring Program Entity. After failure, a Level I
instructor may encourage a divertee to request a Level II program (with
Monitoring consent) due to obvious addiction severity. If the divertee
and the Monitoring Probation Entity agree, the Level I counselor should
contact the CAU for re-referral. The CAU can re-refer to a Level II
program, inform Monitoring Probation Entity and allow the client to
begin in Level II drug diversion program. An Exit Interview Form (refer
to Appendix D) and an Inter-Program Transfer Form(refer to Appendix
F) should be filled out by the Level I program and faxed to both the CAU
and to Monitoring Probation Entity.
If an individual does not successfully complete Level II diversion,he/she
will be referred back to Monitoring Probation Entity for reinstatement of
criminal proceedings.
C. Participant Records
1. PC 1000 programs shall establish a participant case folder that contains
all relevant material and documentation for each participant.
2. PC 1000 programs shall maintain participant record including completed
copies of all required forms and records, for a minimum of 48 months
after completion of services.
3. PC 1000 programs shall assure confidentiality of participant records and
information in accordance with Sections 2.1-2.67(1); Title 42, Code of
Federal Regulations.
D. Program Documentation and Reporting
The program shall maintain documentation to include: Participant assessment,
attendance rosters, progress notes, fee payment/collection receipts,reports
submitted to the CAU, Court/Monitoring Probation Entity, and such other
information as specified by the Community Substance Abuse Services Division
of the Health Services Department.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 14
02. 1
V. PARTICIPANT STANDARDS
A. Criteria for Successful Program Completion
The minimum requirements and criteria for successful program completion shall
include the following:
a. Completion of all required program services;
b. Adherence to sobriety and abstinence requirements as mandated
by the Court and standards established by the program; and
C. Payment of all fees.
B. Alcohol and Other Illegal Drug Use Policy
It shall be the policy of PC 1000 Drug Diversion Programs that participants shall
totally abstain from the use of alcohol or other drugs (excluding prescription
drugs) while enrolled in the program. If the divertee is under the influence of
alcohol when he/she attends the program,he/she will be asked to leave the
program and this will count as an absence. The diversion programs shall observe
reasonable care and diligence in ensuring the safety of the divertee who is asked
to leave the premises, e.g. ride home, cab, etc.
C. Participant Attendance
1. The program shall require each participant to attend all scheduled
activities unless the participant has:
a. Contacted the program and arranged to attend an activity at an
alternate time;
b. Was granted an approved leave of absence.
2. The program shall document all absences in the participant's record.
3. The program shall require each participant to make up all absences-before
issuing the participant a notice of completion.
4. Participants shall not be allowed more than three (3) absences per period
of enrollment in Level I diversion programs. He/She shall not be allowed
more than six (6) absences per period of enrollment in Level II diversion
Programs.
D. Leave of Absence
1. The program shall require the participant to request a leave of absence
whenever the participant is unable to attend any scheduled program
activities for 21 days or longer.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 15
2. To request a leave of absence,the participant shall submit to the program
a written request for leave of absence, and any documentation proving the
need for a leave of absence (Refer to Appendix E for "Request of Leave
of Absence Form"). The written request shall specify:
a. The name of the participant;
b. The reason for requesting the leave of absence; and
C. The dates of the requested leave of absence.
3. The program shall require the participant to request prior approval for all
leave of absence, unless unable to do so due to circumstances beyond the
participant's control. If the participant requests retroactive approval for a
leave of absence, in addition to the information listed in no. 2 above,the
request for leave of absence shall explain the circumstances that
prevented the participant from requesting prior approval.
4. The program shall approve a leave of absence only for:
a. Military personnel whose orders or responsibilities require an
extended absence;
b. Participants whose work requires travel for an extended period;
C. Participants who are absent due to their own extended illness or
medical treatment or that of a family member;
d. Participants who cannot participate in program services due to an
extreme personal hardship or family emergency. The program
shall document in the participant's record the nature of the
personal hardship or family emergency;
5. Prior to program completion,the program shall require the participant to
make up all scheduled program activities missed while on leave of
absence.
6. Time missed while on leave of absence shall not be counted as
participation time.
7. Participants are responsible for appearing at required Court hearings
regardless if they are on leave of absence or not during the time of the
hearings.
E. Participant Program Fees
1. The program shall charge only program fees approved by the Director of
Community Substance Abuse Services Division.
2. The program fee shall be set at a level sufficient to cover the cost of
program services and county administrative expenses.
3. The program shall establish and use a standardized payment schedule
approved by the County to determine each participant's program fee and
schedule of payment of fees.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 16
4. The standardized payment schedule shall include:
a. The monthly income level at which the program will waive the
entire program fee;
b. The monthly income level at which the program will require
payment of the program fee before completion of the program;
C. The monthly income level at which the program will allow the
participant to extend payment beyond the participant's scheduled
completion date;
d. A schedule for payment of fees, including down payment.
5. If the participant's monthly income is equal to or less than the General
Assistance Benefit Level for one person, established by the County Board
of Supervisors pursuant to Part 5 (commencing with Sec. 17000) of the
Welfare and Institutions Code,the program shall waive its program fee.
6. If the County Board of Supervisors has not established a General
Assistance Benefit Level,the program shall waive its program fee if the
participant's monthly household income is $300 or less.
7. If the participant's monthly income is greater than the General Assistance
Benefit Level for the county but equal to or less than 35% of the monthly
median family income for the County, the program shall allow the
participant to extend payment of the program fee.
8. If the participant's monthly income is greater than 35% of the monthly
median family income for the county, at its option the program may:
a. Allow the participant to extend payment of the program fee
beyond completion of the program.
b. Require the participant to pay the program fee before completion
of the program.
9. The standardized payment schedule shall be applied equally in
determining each participant's program fee.
10. The participant's assessed program fee and payment schedule shall-be
documented in the participant contract signed at enrollment. The
program shall amend the contract to reflect any subsequent increase or
decrease in the assessed program fee or payment schedule.
F. Inter-program Transfer
1. In-County Transfers
All PC 1000 inter-program transfers within Contra Costa County must be
done with the knowledge of Monitoring Probation Entity. Participant
wishing to transfer must inform their current diversion program that they
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 17
are seeking a transfer. Certified Drug Diversion Programs may charge
$45 transfer fee for transfers outside their own organization.
An Exit Interview Form (Refer to Appendix D) and an Inter-Program
Transfer Form (Refer to Appendix F)must be completed by the program
from which the participant is being transferred. The diveriee is to contact
the CAU within five (5) days of the exit interview. The divertee will be
expected to enroll in a new diversion program within five (5) days of
reassessment. If divertee fails to either contact the CAU, or enroll in a
new program within the stated time, the Inter-Program Transfer Form
will be completed and Monitoring Probation Entity will be notified.
Program fees must be paid to date before the transfer can be granted.
Reasons for Transfer
a. Program dissatisfaction(not program failure);
b. Level I divertee needing Level II services;
C. Participant job or home relocation to a new area.
2. Out-of-County Transfers
Only the Monitoring Probation Entity/Court can approve a transfer out of
State. The CAU can approve transfer within the State of California.
Monitoring Probation Entity will make a Court date for the divertee. If
the divertee wants an out-of-State transfer, the program will refer him/her
back to the Monitoring Probation Entity and notify CAU of the transfer.
G. Dismissal of Participants
1. The program may dismiss any participant who:
a. Fails to participate in required program activities within 21 days
of transfer to another program certified by the County; -
b. Fails a drug test, or refuses to submit to a drug or sobriety test, or
presents himself/herself to the program while under the influence
of alcohol or other drugs;
C. Fails to comply with program rules and conditions for
participation;
d. Fails to maintain contact with the program for 21 days or more,
without obtaining a leave of absence;
e. Exceeds the number of absences allowed without obtaining a
leave of absence;
f. Is physically or verbally abusive to program staff or other
program participants.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 18
• �4 1
2. The program shall notify the Court/Monitoring Probation Entity when a
participant is dismissed from the program. The program shall not
reinstate the participant without the written consent of the
Court/Monitoring Program Entity Department.
3. The program may refuse to reinstate a participant if the participant was
dismissed because he/she was physically or verbally abusive to program
staff or other program participants. The program shall document in the
participant's file the circumstances under which the participant was
dismissed and forward the information to the Monitoring Probation
Entity.
H. Reinstatement
Programs may reinstate an individual who has been terminated from the Drug
Diversion Program as long as he/she has enough time to complete the program
within the time specified by the Court. Credits shall be given for previous
activities and fees paid. Divertee shall pay a reinstatement fee approved by
CSAS.
VI. Financial Assessment
A. Rules on Financial Assessment
The program shall conduct a financial assessment interview within five days of
any of the following circumstances.
1. At the request of the participant, but no more frequently than every 30
days. At the time of request, the participant shall provide:
a. Documentation of the change in financial condition which
may make the participant eligible for an adjustment of the
program fee or payment schedule, or
b. A written statement describing the need for a financial
assessment.
C. If the participant fails to attend a financial assessment
interview scheduled at his/herrequest,the program may
require the participant to wait 30 days before scheduling a
subsequent financial assessment.
2. When the participant's scheduled payment is delinquent 30 days or more;
or
3. Prior to dismissing the participant for failure to pay program fee.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 19
a. When a participant does not attend a financial assessment
interview,the program may discontinue provision of program
services to the participant for 10 calendar days.
b. Prior to discontinuing program services, the.program shall inform
the participant that he/she:
i. shall be liable for payment of his/her assessed program fee
for services provided by the program to date and any
additional fees already assessed.
ii. shall be dismissed from the program if he/she fails to
either pay his/her assessed fees or reschedules and attends
a financial assessment interview during the 10-day period.
C. When a financial reassessment determines that the participant is
eligible for a fee waiver, the program may require the participant
to pay for services provided by the program prior to the date of
financial reassessment at the rate of payment that was assessed
prior to the date of the reassessment.
d. When a financial reassessment determines that the participant is
no longer eligible for a fee waiver, the program shall not require
the participant to pay for services provided during the period of
eligibility and prior to the date of the reassessment.
e. When a financial reassessment determines that the participant is
eligible to pay the program fee through the extended payment
option, the program may require the participant to pay for services
provided by the program prior to the financial reassessment at the
rate of payment that was assessed prior to the date of the financial
reassessment.
f. The program shall maintain in the participant record a copy of all
financial assessments and documentation of income provided by
the participant.
g. If the participant provides an award letter from the county welfare
department confirming eligibility for general assistance,the
program shall require no further documentation of income.
h. If the participant does not provide a general assistance award
letter, the program shall require him/her to provide:
i. an award letter from the county welfare department, or
other governmental agency, documenting eligibility for
other public assistance and indicating the income level on
which eligibility was based; or
ii. pay vouchers or pay stubs documenting salary for the prior
two months;
iii. income tax returns for the prior calendar year.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 20
00
i. The program may accept other documentation of income at its
option. The program shall not require documentation of income
other than that specified in g. and h. above.
j. If the income documentation the participant provides shows
weekly income rather than monthly income,the program shall
compute the participant's monthly income by multiplying the
weekly income by 4.33 weeks per month. If the income
documentation shows annual income rather than monthly income,
the program shall compute the participant's monthly income by
dividing the annual income by 12 months per year.
k. The program may reassess the participant's ability to pay program
fee on a monthly or as specified in 1. above.
1. The program shall amend the participant contract to reflect
increases or decreases in the participant's fee resulting from the
financial assessment conducted.
M. Prior to processing a participant's request for a transfer to another
program or for a reinstatement following a dismissal,the program
may require the participant to pay his/her assessed program fee
due for services provided and any additional fees.
B. Credits and Refunds
The program shall refund to the participant any program fee paid in advance for a
service that the program did not provide.
C. Certificate of Completion
The Certificate of Completion shall only be issued by the Central Assessment
Unit when the participant has complied with the following requirements:
1. Completion of all required program services;
2. Adherence to sobriety and abstinence requirements as mandated
by the Court and standards established by the program; and-
3. Payment of all fees, including fees charged by the Central
Assessment Unit.
These requirements for program completion shall be reflected in the participants'
contract. The contract shall be signed by the participant and program
representative. It shall state that the participant has been informed, and
understands, and by signing the contract agrees that the completion certificate
will be withheld until the participant has paid all fees, including fees charged_by..._
the Central Assessment Unit.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 21
VII. Program Monitoring and Evaluation
The Community Substance Abuse Services Division (CSASD) shall be responsible for
yearly monitoring of certified Drug Diversion Programs. Certified programs shall agree
to participate in the annual monitoring of their diversion program services.
The CSASD shall assess 5%monitoring fee on the gross program revenues/fees to
cover administration costs of the program. Monitoring fees shall be paid 30 days after
the end of each quarter and shall be submitted with the quarterly report(Refer to
Appendix G).
A. Condition of Facility Site Visit
Each program will be visited a minimum of once per year, either announced of
unannounced, to evaluate the condition of the facility.
B. Comprehensive Site Visit
Each program will receive a minimum of one comprehensive program review
each fiscal year to determine the level of compliance or non-compliance with
these Standards. The review will include the evaluation of all program policies
and procedures, chart reviews, and client services. This review will be
announced at least 30 days in advance and may be combined with the facility site
visit as mentioned above. A follow-up visit may be required at the
recommendation of the Community Substance Abuse Services Division at which
time any recommendation for improvement should be incorporated.
C. (quarterly Reports
Each program will be required to submit quarterly reports (Refer to Appendix G
"Quarterly Drug Diversion Report")to the Director of Community Substance
Abuse Services Division which lists numbers of admissions, terminations and
successful completions, gross program revenues/fees, monitoring fees due-
County. This report is due 30 days after the end of each quarter.
D. Coordination Meetings
PC 1000 Drug Diversion Programs will be required to participate in regularly
scheduled meetings to discuss problems and develop solutions to Drug Diversion
related issues.
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 22
State PC 1000%1211 Drug Diversion Rem ia� tions
Attached are:
1. Chapter 1.5- Certification of Drug Diversion Programs (PC 1211); and
2. Chapter 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases
(PC1000).
Confra Costa County PC 100 Dnv Diwrwon Standards Appendix A
CHAPTER I.S. CERTMCA71ON OF
DRUG DIVERSION PROGRAMS
seat..
121L Rogoisemertss, asaia sod fees for mmpkdm a[prvgsanu~
eatablishmenC standards for appm al of prosta:at.
B 1210 to 1210 Imperative
f 121L Requirements, criteria and fees for completion of
programs; establishment; standards for approval of
Programs
(a) In order to ensure Ilse quality of drug diversion pro- (1) Guidelines and criteria for education and treatment
g=ams provided pursuant to this chapter and Chapter 2S � class=' including standardsiservices which may include
(commencing with Section 1000)of Tide 6.and to expand the 'group dhsessuons,and individual counseling.
availability of these programs, the county' drug program However. any class or group discussion other than lectures.
administrator in each mumty,in consultation with rcpr=nta- shall not =cead 15 persons at any one meeting.
tines of the court and the county probation department.shall (2) Established and approved supervision.either on a retu-
establish minimum requirements. criteria, and fees for the lar or irregular basis. of the person for the purpose of
M=cssfui completion of drug diversion programs which shall evaluating the persons progress.
be approved by the county board of supervisors no later than (3) A schedule of fees to be charged for services rendered to
January 1. 1995. These minimum requirements shall include, each person under a county drug program plan in accordance
but not be limited to. W of the following: with the following Provisions:
(1) An initiai assessment of cads divertec, which may (A) Fes shall be used only for the purposes set forth in this
include all of the following: chapter . . •.
(A)-Social, economic, and family background. (B) Fees for the treatment or rehabilitation of each partici-
(B) Education. pant receiving services under a certified drug diversion pro-
(C)
ro(C) Vocational achievements. gram shall not=cad the actual cost thcreoC as determined by
the county drug program administrator according to standard
(D) Criminal history. accounting practices
(E) Medical history. (C) Acr..iai casts shall include both of the followine:
(F) Drug hiuory and previous treatment. (t) All taus inaurad by the providers of diversion
(2) A minimum of 20 hours of either effective education or rams
counseling or any combination of both for each diverimu
() AD expenses incurred by the munry for administration.
(3) An exit conference which shall reflect the divertea's certification,or management of the drug diversion prognr in
progress during his or her particpation in tete program compliance with this chapter . . •.
(1) Fee =e=pdons for persons who cannot afford to pay. (d) The county shall require:.as a condition of certification.
(b) The county drug program administrator shall implement that the drug diversion program pay to the county drug
a certification procedure for drug diversion programs T administrator all expenses incurred by the county for
administration, certification, or management of the drug
(e) The county drug program administrator shall mcom. diversion program in compliance with this chapter. . No
mend for approval by the county board of supervisors pro- fee shall be mauired by any county other than that county
grams pursuant to this chapter. No program regardless of where the orogram is located. (added by Siau.199z a 1113
how it is funded, may be approved unless it meas the (A.d.1555). f 4 Amended by Statz1993. a 850 (A.B.1165).
standards established by the administrator,which shall include, ; �)
but not be limited to, all of the following:
Contra Costa County PC 1000 Drug Diversion Standards Appendix A
CHAPTER 2S. SPECIAL PROCEEDINGS IN
NARCOTICS AND DRUG ABUSE CASES
Section
1000. Appiiation of Chapter to to min violations.
loom]. Determination of appkation to defendant: notification:
iinves:iption by probation deparuncit:final determination
I by wart repiding education.treatment,or rehabilitation
admisssbilirr of evidence.
lODO2 Herring by conn; diversion; cmeratioa of bail' progrcss
reports.
10003. Unsatisfactory paformance in prograat by divcn= resump-
tion of tri Mal pr�: damisaL
1000.4. Repealed.
1000.5. Stw=sfni wtttpletion of progrwm record: disdosurc of
arrest.
I 1000. Application of chapter to certain violations
(a) This chapter shall apply whenever a ase is before any
court upon an accusatory pleading for a violation of Section
11350,11357, 11364, 11365, 11377,or 11550 of the Health and
Safety Code,or Section 11358 of the Health and Safety Code if
the marijuana planted, cultivated, harvested, dried, or pro-
is for personal use,or Section 11368 of the Health and
Safety Code if the narcotic drug was z=rcd by a Gaitious
prescription and is for the personal use of the defendant and
was not said or furnished to another,or Section 11370.1 of the
Health and Safety Code if the amount possessed is one-half
gram or less of a subs:,n- eoauining cocain base,one gram
or ku of a substance containing cocaine,cane gram or leu of a
substance containing heroin, one gram or leu of a substantia
containing methamphetamine, one-eighth gam or less of a
ayst2Mne subs==containing phencyclidine,one milliliter or
less of a liquid substance containing phcncyt:iidinc, one-half
gram or les of plant material containing phencyclidine,or one
hand-roilad cigarette treated with phencyclidine,or subdivision
(d)of Section 653f if the sokitation was for acts directed to
personal use only,or Section 381 or subdivision (f) of Section
647 of the Penal Code,if for being under the influence of a
controlled substanca, or Section 4230 of the Business and
Professions Code, and it appears to the district attorney that,
c=pt as provided in subdivision (b) of Section 1135' of the
Health and Safety Code, all of the following apply to the
defendant:
(1) The defendant has no conviction for any offense involv-
ing controlled substances pnor to the alleged commission of
site charged divcrtii offense
Contra Costa County PC 1000 Drug Diversion Standards Appendix A
§ 1000 P£:yAL CODE 378
Pt. 2
(2) The offense charged did nut involve a crime of violenrs Cross Re(crtacts
Or threatened violence. )uventle court rules related to this section, see Calilorn,a Rules M
(3) There is no c+ narcotics of a violation relating to narcotiCauca. rale 140a.
or restricted dangerous drugs other than a violation of the f 1000.1. Determination of application to defendant; actiQ-
sections listed in this subdivision. cation; Investigation by probation department; Ansi
(4) The defendant's record does not indicate that probation determination by court retardint education,treatment.or
or parole has ever been revakcd without thereafter being rehabilltatlon; admissiblilty of evidence
completed. (a) if the district attorney determines that this chapter may
be applicable to the defendant, he or she shall advise the
(5) The defendant's record docs not indicate that he or she defendant and his or her attorney in writing of that determina-
has been diverted pursuant to thin chapter within fire years tion. This notification shall include the foltowint:
prior to the aaegt d commission of the charged divertibie (1) A full description of the 'procedures of divisionary
offense. investigation.
(6) The defendam has no prior felony conviction within five (2) A to ieral explanation of the roles and authorities of the
yeas prior to the allcled commission of the charged divertible probation department, the district attorney, the community
offense. r program, and the court in the diversion process
(b) The district attorney shall review his or her file to (3) A dear statement that the court may decide in a hearing
determine whether or Clot paragraphs (1) to (6), inclusive. of not to divert the defendant and that he or she may have to
subdivision (a) are applicable to the defendant. Upon the stand trial for the alleged offense.
agreement of the district attorney,law enforcement,the public (a) A dear statement that should the defendant fail in
defender, and the presiding judge of the criminal division of meeting the terms of his or her diversion,or should he or she
the municipal court or a judge designated by the presiding be con"acd of a misdemeanor which reflects the divertee's
judge, ' • ' this procedure shall be completed as soon as propensity for violence,or should the divcrtcc be convicted of
possible after the initial filing of the charges. Itthe defendant any felony,he or she may be required,after a court hearing,to
is found eligible,the district auorney shall file with the court a stand trial for the original alleged o[Unse.
declaration in writing or state for the record the grounds upon (5) An explanation of criminal record retention and disposi-
which the determination is based,and shall make this informs- tion resulting from participation in the diversion and the
(ion available to the defendant and his or her attorney. This divertee's rights relative to answering questions about his or
procedure is intended to aaow the court to set the diversion her arrest and diversion following successful completion of the
hearing at the arraignment. If the defendant is found ineligi- diversion program.
ble,the dutriet attorney shall Cole with the court a declaration (b) If the defcadant consents and waives his or her right to a
in writing or state for the record the grounds upon which the speedy trial, the ' court may refer the ore to the
determination is based, and shall make this information probation department ' ' 'or the court may summarily trant
available to the defendant and his or her attorney. - - - diversion. When directed by the court, the probation depart-
ment shall make an investigation and take into consideration
(c) All referrals to diversion granted by the court pursuant the defendants age, employment and service records, edu-
to this chaster on or after January 1. 1995.shall be made only cational background. community and family tics, prior can-
to diversion oragrams which have been certified by the county trolled subsuncz use, treatment history, if any, demonstrable
drug orogram administrator pursuant to Chapter IS (com- motivation,and other mitigating factors in determining wheth.
mencing with Scaion 1211)of True S.or to diversion programs er the defendant is a person who would be benefited by
which provide services at no cost to the paricipant and have education,treatment,or rehabilitation. The probation depart-
been deemed by the court and the county drug prom ment shall also determine which community programs or
administrator to be credible and effective. The defendant may programs of the probation department the defendant would
teauest to be referred to a orotram in any county, as long as benefit from and which of those programs would accept the
that program meeu the criteria set forth in this subdivision. defendant. The probation department shall report its findings
Prior to January_ 1. 1995. all referrals to diversion granted by and recommendation to the court. The court shall make the
the Court shall. to the maximum extent oassrble. be made to Gaal determination regarding education,treatment,or rehabil-
div_ersion programs which have been certified by the county Cation for the defendant.
drug program administrator pursuant to Chapter 1.S (corn- (c) No sutement, or any information procured therefrom,
mencint with Section 1211)of Title S.or to diversion programs made by the defendant to any probation officer or drug
which orovide services at no cost to the pirtiCaant and have treatment worker. which is made during the course of any
been deemed by the court to be credible and effective. investigation conducted by the probation depsrment or drug
treatment program pursuant to subdivision (b), and prior to
�d Sucsssful completion of diversion for a violation of the reporting of the probation department's fundings and
Section 11368 of the Health and Safety Cade shall not prohibit recommendations to the court, shall be admissible in any
any administrative agency from taking disciplinary action action or proceeding brought subsequent to the investigation.
against a licensee or from denying a license. Nothing in this No statement,or any information procured therefrom,with
subdivision shall be construed to expand or restrict the respect to the specific offense with which the defendant is
provisions of Section I000.S. Lidded by Siam 197Z a 12,55,p. charged, which is made to any probation ofliecr or drug
2469,f 17,cf. Dec 1.5. 1972 A-ended by Twu.1975, a 1267, program worker subsequent to the granting of diversion,shall
pt 3328, f 1; Smrs.1983. c 1314. 12. Sram1987, a 1J67, 1 3, be admissible in any action or proceeding.
cf. Scpc 29, 1987. Smu.1983. a 1086, ; 1; Srars1990, a JJ In the event that diversion is either denied,or is subsequent,
(58.1030).f 1,ef..April 20, 1990; Siam 1991,0 469(A.B.1J4), ly revoked once it has been granted, neither the probation
f 2; Siars.1992, a 1118 (A.B.JJSS), IF 1.) investigation nor statements or information divulged during
Contra Costa County pC 11700 Drug Diversion Standards
Appendix A
1 1
Title 6
that investigation shall be used in any sentencing procedures. or the court finds that the divertee has been convicted of a
(Added try Stou.197Z c 1255,p. 2469, 1 17, eff.Dec 15. 1972. grime as indicated above, the criminal case shall be referred
Anunded by Siau.1973, c. 1267 R 332$ 1 2. StamJ984, c back to the court for resumption of the criminal proceedings.
1179. ; 1; Siau.199Z a 1118 (,4.83555), f Z) If the divcrtce has performed satisfactorily during the period of
diversion. at the end of the period of diversion, the criminal
Cross Rekrenees charges shall be dismissed (Added by Stau.1975. c 1167, p,
Trisilttc against scif•incri nmatu n,see Const.Art. 1.1 13: EvAcnscc 3330, 1 5.)
Code f 940.
Ptabuion. in rascal, see f 12=7 a seq. Gass Rdt:rt aces
Speedy and putsix trial,see if 686, 1331 u seq.; Corot.Ars.1.f 15. Felmy, classification and p see if 17. 13.
f I000.2. Hearing by const; diversion; tzaneration of bail;
Misdemeanors. '�1OA and p`tAi6a't' x° if 17, t4, 14>L
Prov reports f 10001/. Repealed by Stus.1973, a S24, p. 1634, 1 1
The court shall hold a hearing and, after consideration of f 10005 Saemsfal completion of program; record; dlsdo.
• • • anyinformation • ' ' relevant to its decision. shall gores arrest if the defendant consenu to further proceedings
tinder this chapter and waives his or her right to a speedy,trW Any record filed with the Department of Justice shall
and if the defendant should be divested'and referred for hWa-to the disposition in those cases diverted pursuant to this
education,treatment,or rehabilitation. On or after hamar~i. ciaptrx Upon=C==fw completion of a diversion program,
1995,if the court decors the defendant a person who would be the w=upon which the diversion was based shall be deemed
benefited by diversion and the defendant consents to oartici- to Jim never oecurmcf. The drvertec stay indicate in response
pate. the court referral to diversion shall only be made to to any question concerning his or her prior criminal record that
diversion programs which have been certified by the county he or she was not arrested or diverted for the offense.extent as
drug program administrator pursuant to Clhaoter 1.5 (cam- spcMeded in subdivision (b). A record pertaining to an arrest
menant with Section 1211)of Title S.or to diversion "
resulting in sine hA completion of a diversion program shall
which ortmde servics at no cost to the oartionant and have not, without the diversea's consent. be used in any way that
been deemed by the court to be credible and effective. Prior could result in the denial of any employment,benefit,liczia,
to January 1. 1995, all micrnis to diversion granted by the or txrti6atc
court shall, to the maximum =ant possible, be made to (bt The dfvertee shall be advised that, regardless of his or
diversion orotrams which have been certiiied bs the county her successful eomoletion of diversion, the arrest uoon which
drug Drotram administrator pursuant to Chaotc: IS (com- the diversion was based may be disciosed bt•the Department of
mencint with Section 12I1)of Title S.or to diversion orotrams Justi= inttsporisc to any oeaea officer aoolication request
which orovide services at no cost to the oartidpant and have made within five Years of the arrsst,and that notwithstanding
been deemed by the muri to be credible and effec eve. Ii the subdivision (a),this section does not relieve him or her of the
hurt does not dee.^: the defendant a person woo would be obligation to disclose the artrat in resnonse to any direct
benefited by diversion,or if the defendant does not consent to question contained in any questionnaire or apotication for a
participate,the proceedings shall continue is in any other ase. position as a oeace officer, as defined in Section 830. made
At the time that a defendant's ase is diverted.nay bail bond within five years of the arrest. (Added by Srars.1975,a 1267,,p.
or unde.^,aldng, or deposit in lieu thereof, on file by or on 3330, ¢ 7. ,hounded by Srarz1994 a 783 (SB.1206). ¢ 1.)
behalf of the defendant shall be exonerated,and the court shall Gest Refereacrs
enter an order so directing.
es Deparsmrat of justice.
The period during which the further criminal proceedings
see Govcnmast Code 115000 uq.
against the defendant may be diverted shall be for no less than
six months nor longer than two years Progress reports shall
be filed-by the probation department with the court • ' • as
dire..^.cd by the court. (Added by Stats.197Z e 1235,p. 2469,
S 17,eJf. Der. 15, 197Z .emended by Stau1975. e 357,p.801,
11. Sca=1975, c 1167, p. 3330, ¢3; 4tata199Z c 1118
Cross Reftrewn
Sal in teneral, sec 11268 u s.q.
Exoneration of bail.see if 1166.1195. 12b2, 1296,1297,1300 cc seq.,
1371, 1384.
Speedy trial. see If 636, 1381 ct seq.: Const. Art. 1. f 15.
f 1000-3. Unsatisfactory performance In protram by diver-
tee; resumptloa of criminal proceedings; dismissal - '
If it appears to the probation department that the diverme is
performing unsatisfactorily in the assigned program.or that the
divertec is not benefiting from education. treatment, or
rehabilitation.or that the divertet is convicted of a misdemcan-
or which reflects the diveriee's propensity for violence.or if the
divcrtee is convicted of a felony, after notice to the diecrtee,
the court shall hold a hearing to determine whether the
criminal proceedings should be reinstituted. If the court finds
that the divertee is not performing satisfactorily in the assigned
program, or that the divertec is not benefiting from diversion,
i
Contra Costa County PC 1000 Crug Diversion StandSrdS Appendix A
Contra Costa County
PC 1000 Drug Diversion/DrugCourt Programs
Drug Diversion/Drug Court Referral Form
Municipal Courts: Bay Delta Mt. Diablo WC/Danville
Superior Court: Martinez
Defendant's Name: Case# : Court Review
Date:
Address: City/State: Dept.
Contact the Central Assessment Unit immediately, or by: (Date).
ORGRANIZATION NAME TBA-TO GO HERE
ADDRESS TO GO HERE
CITY, STATE TO GO HERE
PHONE#TO GO HERE
Back of Referral Form
❑ The above-named client did not call for an assessment by: (Date).
❑ The above-named client did not attend the scheduled assessment on: (Date).
❑ The above-named client attended the assessment on : (Date).
but did not enroll in a recommended diversion program by: (Date).
❑ The above-named client attended the asessment on: (Date).
and enrolled in a recommended PC 1000 Drug Diverson
Program on: (Date).
Program Name
❑ The above-named client was granted an Inter-Program Transfer. See Attached
PCIDCRF.WPD
Contra Costa County PC 1000 Drug Diversion/Drug Court Standards April 1, 1996 Appendix B
Contra Costa County
PC 1000 Drug Diverson/Drug Court Programs
Meeting Sign-Off Sheet
Level I F' Circle One Level II
Program Name: Date:
Participant Name: Case#
Date Meeting Name Secretary Signature
PCIDCMSS.WPD
Contra Costa County PC 1000 Drug Diversion/Drug Court Standards April 1, 1996 Appendix C
Contra Costa County
PC 1000 Drug Diverson/Drug Court Programs
Exit Interview Form
Level I E"' Circle One 4 Level II
Program Name: Date:
Participant Name: Case#
Total Hours of-
Intake/Orientation: Total Absences:
Face-to-Face: Make-up Sessions:
Educational Sessions Attended: Outside Meetings Attended:
Groups Attended:
Comments/Recommendations:
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Successful Completion (Certificate of Termination
Completion will be issued by CAU)
r
PC 1DCEIF.WPD
Contra Costa County PC 1000 Drug Diversion/Drug Court Standards April 1, 1996 Appendix D
=1 .
Contra Costa County (01
PC 1000 Drug Diverson/Drug Court Programs
Request for Leave of Absence Form
Level I E' Circle One Level II
Program Name: Date:
Participant Name: Case#
THIS SECTION IS TO BE COMPLETED BY FARTI CPANT
Dates Requested-From: To:
Signature:
Reason for Requesting Leave of Absence:
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THIS SECTION IS TO BE COMPLETED►BY PROGRAM ST.�FF
Date: Staff Name: Signature:
Staff Comments:
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----------------------------------------------------=------------------------------------------
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Date Approved: Date Denied:
Program Staff:
Signature Date
PCIDCLOA.WPD
Contra Costa County PC 1000 Drug Diversion/Drug Court Standards April 1, 1996 Appendix E
Contra Costa County
PC 1000 Drug Diverson/Drug Court Programs
Inter-Program Transfer Form
Level I F Circle One-* Level II
THIS SECTION IS TO BE COMIPLETED BY PARTICIPANT `<
Transfer From (Program Name): Date: Case#
Participant Name: Signature:
Reason for Requesting Transfer:
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THIS SECTION IS TQ BE COMPLETED"PRO;GRANI S'I' `F ..
Program Name: Date:
Staff Name: Signature:
Program Comments/Recommendations:
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This Section is to be Compjped;by the,Central Assessment Vn t
Central Assessment Unit Comments:
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Approved: To Program: Denied:
CAU Staff Member:
Signature Date
PCIDCIPT.WPD
Contra Costa County PC 1000 Drug Diversion/DrugCourt Standards April 1, 1996 Appendix F
Contra Costa County PC 1000 Drug Diversion Programs
Quarterly Drug Diversion Report
Please Note This Report i5 Due QEuarter v.on the FaIlowltrg Dates•
C�calaer0 January 3Q ;April 34 ;Tiny 3Q
Program Name: Date:
For Quarter Beginning: And Ending: .
Number of Admissions:
Number of Terminations:
Number of Successful Completions:
Gross Program Revenues/Fees:
5% County Monitoring Fees:
Prepared By:
.Signature Date
ARU-12L,S*HM,�°� g '•'+.,� Y£'- 'I,
_•i jam'• -j
143
-,
ml
=§
ar
Attach check payable to Community Substance Abuse Services Division.
pcl ddgr.wpd
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 Appendix G
r
ON
Contra Costa County
Health Services Department
Community Substance Abuse Services Division
PC 1000 Drug Diversion Programs
Proposed Program Fees Broken Out by Cost Per Unit of Service
Cost Level I Level II
Per 3 -Month Program 6 -Month Program
Service Unit of
Duration Service No. of Total No. of Total
(Per Session) Sessions Cost Sessions Cost
Intake/Orientation 30 min. $30.00 1 $30.00 1 $30.00
Face-to-Face 30 min. $30.00 1 $30.00 1 $30.00
Group Intervention 1.5 hr. $20.00 5 $100.00 15 $300.00
Education Group 2 hrs. $20.00 6 $120.00 6 $120.00
Exit Conference 30 min. $30.00 1 $30.00 1 $30.00
Program Fees $310.00 $510.00
Note: Program fees of$310 and$510 for Level I and Level II,respectively,do not include the cost
of drug testing. Divertee shall be responsible for obtaining and paying for drug testing.
PCICPS2.WPD
February 2,1995
Contra Costa County PC 1000 Drug Diversion Standards April 1, 1996 Appendix H