HomeMy WebLinkAboutMINUTES - 12201994 - 1.82 TO. BOARD OF SUPERVISORS
FROM: Mark Finucane, Director Coo ltra
Health Services Department Cx)sta
DATE: December 8, 1994 C inty
SUBJECT: IMPLEMENTATION OF AB 3555
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Accept the recommendation from the Health Services Department, Community Substance Abuse
Services Division, to recognize the Court Probation Officers of the Municipal and Superior Courts as
the certified programs for purposes of AB 3555.
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 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 will require,
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.
The Community Substance Abuse Services Division Administrator is recommending that the various
court probation officers be designated as the "programs" for purposes of compliance with AB 3555.
These court probation officers will then refer defendants only to programs which meet the minimum
criteria as established in AB 3555.
This recommended certification process is an interim step which may be modified within the coming
year. The Municipal Court Judges Association has reviewed and approved this recommendation.
However, with the advent of Drug Courts, which divert and monitor a larger group of drug
defendants, this AB 3555 process many eventually be part of the larger Drug Court effort. The
courts and the Health Services Department are committed to improving services for drug defendants
who are diverted from the criminal justice system. AB 3555 is another state mandated program
which sets minimum standards but lacks adequate enforcement language and adequate funding for the
monitoring of these programs.
CONTINUED ON ATTACHMENT: YES SIGNATURE: '
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREIS):
ACTION OF BOARD ON 0 19%
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
A13SENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc.. Health Services Superior Courts ATTESTED DEC 2 ® _
Municipal Courts Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
Probation Public Defender SUPERVISORS AND COUNTY ADMINISTRATOR
BY .`�'" ' ,DEPUTY
M382/7-83