continued;

SECTION 30. Section 6126.01 is hereby added to the Penal Code to read:

The Inspector General shall annually publish a report detailing the prevalence and types of rehabilitation programs available at each California prison, and each facility managed by or contracted by the Department of Corrections and Rehabilitation. The report shall rank and rate the prisons and facilities in terms of program availability relative to need, utilization rates and performance measures, examining both the degree of success by each prison or facility in implementing such programs and the degree of success by prisoner participants. The report shall use a letter-grade system, and shall make specific recommendations for improvement. A preliminary report shall be issued no later than October 1, 2009. All subsequent annual reports shall be issued by October 1 of each year.

SECTION 31. Marijuana. Diversion for Persons Under Age 18. Fines.

Section 11357 of the Health and Safety Code is hereby amended to read:

(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.

(b) Except as authorized by law, every person 18 years of age or older who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). Additional fees of any kind, including assessments, fees, and penalties, shall not exceed the amount of the fine imposed. Every person under 18 years of age who possesses not more than

28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction and shall be required to complete a science-based drug education program certified by the county alcohol and drug program administrator. Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for

a period of not more than 10 days, or both.

(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:

(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. , and required completion of a science-based drug education program certified by the county alcohol and drug program administrator.

(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

(f) The fines collected pursuant to this section shall be deposited into the county??s trust fund designated for youth programs established pursuant to subdivision (b) of Health and Safety Code Section 11999.6.2.

SECTION 32. Oversight of Drug Court Programs for Adult Felons in Track III Diversion

Section 11970.1 of the Health and Safety Code is hereby amended to read:

11970.1. (a) This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act of 1999.

(b) The People intend that all adult felons who qualify for Track III treatment diversion programs after July 1, 2009, shall be enrolled in those programs, and that all drug courts working with defendants who qualify for Track III shall be controlled and governed by the Track III statute, Penal Code 1210.2, and Health and Safety Code sections 11999.5 through 11999.13, inclusive. To the greatest extent possible, defendants participating in drug courts before July 1, 2009, and who are eligible for Track III, shall be transferred to Track III programs.

(b)(c) This article shall be administered by the State Department of Alcohol and Drug Programs, with all regulations related to programs for adult felons enrolled in Track III treatment diversion programs being subject to review and approval by the Oversight Commission, as described in Section 11999.5.2.

(c)(d) 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.

SECTION 33. Evaluation of Drug Court Programs for Adult Felons

Section 11970.2.1 is hereby added to the Health and Safety Code to read:

11970.2.1 Notwithstanding the provisions of subdivision (d) of Section 11970.2, evaluation of all programs for adult felons provided pursuant to Sections 11970.1 through 11970.35, inclusive, shall be integrated with the program evaluations required pursuant to Section 11999.10. The Department of Alcohol and Drug Programs shall not publish additional reports regarding adult felons using any design established prior to October 31, 2007, however, all data and information collected by the department related to drug court programs for adult felons shall be public information, subject to redaction only as required by federal law or the California Constitution. The department, in collaboration with the Judicial Council, may create an evaluation design for the Comprehensive Drug Court Implementation Act of 1999 to separately assess the effectiveness of programs for persons who are not adult felons.

SECTION 34. Funding of Drug Court Programs for Qualifying Adult Felons Through Track III

Section 11970.3 of the Health and Safety Code is hereby amended to read:

11970.3. (a) It is the intent of the Legislature People that all programs for adult felons who qualify for Track III treatment diversion, including those programs which may have functioned before enactment of Penal Code Section 1210.2, shall, beginning July 1, 2009, this chapter be funded principally by the annual appropriation for Track III diversion programs described in subdivision (c) of Section 11999.6 of the Health and Safety Code, with all other programs for persons who do not qualify for Track III treatment diversion to be funded by an appropriations in the annual Budget Act.

(b) Up to 5 percent of the amount appropriated by the annual Budget Act

for programs authorized in this section, and not serving adult felons who qualify for Track III diversion programs, is available to the department and the Judicial Council to administer the program, including technical assistance to counties and development of an evaluation component.

SECTION 35. Repeal of Substance Abuse Offender Treatment Program

Section 11999.30 of the Health & Safety Code is amended to read:

11999.30. (a) The people find that it is duplicative and unnecessary to maintain separate funding streams for the same group of drug offenders eligible for treatment. This section is hereby repealed, effective July 1, 2009. Any funds appropriated or allocated pursuant to this section may be distributed and used as provided by its terms, however, any such funds held by the state or by a county after January 1, 2010, shall be transferred to the county??s fund for youth programs established pursuant to subdivision (b) of Health and Safety Code Section 11999.6.2. This division shall be known as the Substance Abuse Offender Treatment Program. Funds distributed under this division shall be used to serve offenders who qualify for services under the Substance Abuse and Crime Prevention Act of 2000, including any amendments thereto. Implementation of this division is subject to an appropriation in the annual Budget Act.

(b) The department shall distribute funds for the Substance Abuse Offender Treatment Program to counties that demonstrate eligibility for the program, including a commitment of county general funds or funds from a source other than the state, which demonstrates eligibility for the program. The department shall establish a methodology for allocating funds under the program, based on the following factors:

(1) The percentage of offenders ordered to drug treatment that actually begin treatment.

(2) The percentage of offenders ordered to treatment that completed the prescribed course of treatment.

(3) Any other factor determined by the department.

(c) The distribution of funds for this program to each eligible county shall be at a ratio of nine dollars ($9) for every one dollar ($1) of eligible county matching funds.

(d) County eligibility for funds under this division shall be determined by the department according to specified criteria, including, but not limited to, all of the following:

(1) The establishment and maintenance of dedicated court calendars with regularly scheduled reviews of

treatment progress for persons ordered to drug treatment.
(2) The existence or establishment of a drug court, or a similar approach, and willingness to accept defendants who are likely to be committed to state prison.

(3) The establishment and maintenance of protocols for the use of drug testing to monitor offenders?? progress in treatment.

(4) The establishment and maintenance of protocols for assessing offenders?? treatment needs and the placement of offenders at the appropriate level of treatment.

(5) The establishment and maintenance of protocols for effective supervision of offenders on probation.

(6) The establishment and maintenance of protocols for enhancing the overall effectiveness of services to eligible parolees.

(e) The department, in its discretion, may limit administrative costs in determining the amount of eligible county match, and may limit the expenditure of funds provided under this division for administrative costs. The department may also require a limitation on the expenditure of funds provided under this division for services other than direct treatment costs, as a condition of receipt of program funds.

(f) To receive funds under this division, a county shall submit an application to the department documenting all of the following:

(1) The county??s commitment of funds, as required by subdivision (b).

(2) The county??s eligibility, as determined by the criteria set forth in subdivision (d).

(3) The county??s plan and commitment to utilize the funds for the purposes of the program, which may include, but are not limited to, all of the following:

(A) Enhancing treatment services for offenders assessed to need them, including residential treatment and narcotic replacement therapy.

(B) Increasing the proportion of sentenced offenders who enter, remain in, and complete treatment, through activities and approaches such as colocation of services, enhanced

supervision of offenders, and enhanced services determined necessary through the use of drug test results.
(C) Reducing delays in the availability of appropriate treatment services.

(D) Use of a drug court or similar model, including dedicated court calendars with regularly scheduled reviews of treatment progress, and strong collaboration by the courts, probation, and treatment.

(E) Developing treatment services that are needed but not available.

(F) Other activities, approaches, and services approved by the department, after consultation with stakeholders.

(g) The department shall audit county expenditures of funds distributed pursuant to this division. Expenditures not made in accordance with this division shall be repaid to the state.

(h) The department shall consult with stakeholders and report during annual budget hearings on additional recommendations for improvement of programs and services, allocation and funding mechanisms, including, but not limited to, competitive approaches, performance-based allocations, and sources of data for measurement.

(i) (1) For the 2006-07 and 2007-08 fiscal years, the department may implement this division by all-county letters or other similar instructions, and need not comply with the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing with the 2008-09 fiscal year, the department may implement this section by emergency regulations, adopted pursuant to paragraph (2).

(2) Regulations adopted by the department pursuant to this division shall be adopted as emergency regulations in accordance with Chapter

3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to this division shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until revised by the department. Nothing in this paragraph shall be interpreted to prohibit the department from adopting subsequent amendments on a nonemergency basis or as emergency regulations in accordance with the standards set forth in Section 11346.1 of the Government Code.

SECTION 36. Section 11999.5 of the Health & Safety Code is hereby amended to read:

11999.5. Funding Appropriation

Upon passage of this act, $60,000,000 shall be continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund for the 2000-01 fiscal year. There is hereby continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund an additional $120,000,000 for the 2001-02 fiscal year, and an additional sum of $120,000,000 for each such subsequent fiscal year concluding with the 2005-06 fiscal year. These funds shall be transferred to the Substance Abuse Treatment Trust Fund on July 1 of each of these specified fiscal years.


(a) There is hereby appropriated from the General Fund to the Substance Abuse Treatment Trust Fund the amount of $150,000,000 for the period from January 1, 2009, until June 30, 2009, and the amount of $460,000,000 annually for each full fiscal year thereafter, commencing with fiscal year 2009-10, with annual adjustments for price inflation, and adjustments once every five years for changes in the state population, as specified in subdivision (c)

(b) The Department of Finance shall annually, in the month of May, calculate and publicly announce the adjusted funding level for each upcoming fiscal year. The Controller shall transfer funds in the amount calculated by the Department of Finance from the General Fund to the Substance Abuse Treatment Trust Fund on the first day of each fiscal year.

(c) The Department of Finance shall calculate annual funding levels by making an annual adjustment to the baseline figure appropriated for fiscal year 2009-10 to account for price inflation, with the year 2009 to be used as the baseline year, and by making an adjustment, once every five years, to account for changes in the state population during the previous five years, with the first such adjustment to be made for fiscal year 2016-17.

The adjustment for price inflation shall be made with the Implicit Price Deflator for state and local government purchases, as published by the U.S. Department of Commerce, Bureau of Economic Analysis, or a comparable tool published by a similar or successor agency if that data source is unavailable, and shall be based upon the last data point available before the start of the fiscal year. Adjustments for changes in the state population shall use data published by the United States Census Bureau.

(d) Funds transferred to the Substance Abuse Treatment Trust Fund are not subject to annual appropriation by the Legislature and may be used without a time limit. Nothing in this section precludes additional appropriations by the Legislature to the Substance Abuse Treatment Trust Fund.

SECTION 37. Section 11999.5.1 is hereby added to the Health & Safety Code to read:

Drug Programs when used in the context of Track I, Track II, Track III, and youth programs, unless otherwise stated, and is designated the agency responsible for distribution of all monies provided pursuant to Sections 11999.4 to 11999.14, inclusive. Each county shall appoint as local lead agency its alcohol and drug programs administrator, unless the Oversight Commission approves a county??s request to appoint another local agency.

SECTION 38. Section 11999.5.2 is hereby added to the Health & Safety Code to read:

11999.5.2. Oversight Commission.

(a) There is hereby created the Treatment Diversion Oversight and Accountability Commission (?Oversight Commission?), which shall be convened to review, direct and approve the implementation, by the Department of Alcohol and Drug Programs, of the programs and policies related to Track I, Track II, Track III, and youth programs. Regulations of general applicability promulgated by the Department that pertain to programs required under Penal Code Sections 1210.01 to 1210.05, inclusive, and Penal Code Sections 1210.1 and 1210.2, and funded pursuant to Health and Safety Code Sections 11999.4 to 11999.14, inclusive, shall not take effect without approval by the Oversight Commission. The Commission shall have the powers and responsibilities specified in subparagraph (b) for regulatory and fiscal matters. Regulations subject to Board approval shall not be subject to the Administrative Procedures Act or to review and approval by the Office of Administrative Law.

(b) The Oversight Commission shall do the following:

(A) all regulations regarding county-level implementation issues related to programs required under this Act, and the use of funds provided for Track I, Track II, Track III, and youth programs;

(B) a distribution formula for funding provided pursuant to Section 11999.6. The commission may approve a formula for distribution of funding for youth programs that differs substantially from the formula for funding for adults;

(C) any regulation placing contingencies on up to 10 percent of a county??s allocation, as provided in subdivision (d) of Section 11999.6;

(D) regulations pertaining to counties?? use of funding provided under this Act to provide supportive services other than drug treatment services, as described in Section 11999.6(a);

(E) regulations pertaining to the use of funds for youth programs, including the establishment of guidelines by the Oversight Commission to define target populations of youth under the age of 18 who are nonviolent and at risk of committing future drug offenses;

(F) any county??s request to appoint, as lead agency responsible for distribution of monies provided under this Act, an agency other than the county alcohol and drug programs administrator;

(G) any proposal to order researchers to study any issue beyond the scope of studies already approved;

(H) the annual amount proposed by the Department to be set aside for addiction training programs, implementation trainings and conferences;

(I) the annual amount proposed by the Department to be set aside for use for direct contracts with drug treatment service providers in counties where

demand for drug treatment services, including opioid agonist treatment, is not adequately met by existing programs;

(J) the annual amount proposed by the Department to be set aside for studies by public universities as provided by Section 11999.10;

(K) regulations pertaining to clinical assessments, including guidelines and requirements for persons performing assessments and the selection of a standardized assessment tool or tools;

(L) all requirements for county plans, including the frequency with which such plans must be submitted, and any limits on the amounts of money to be available for use for incentives and rewards, limits on annual carryover funds or reserves, requirements to address the provision of culturally and linguistically appropriate services that are geographically accessible to the relevant communities, the dissemination of overdose awareness and prevention materials and strategies in county jails, and the provision of training on harm reduction practices and the implementation of harm reduction therapy and services;

(M) all county plans, after review by the Department;

(N) any petition by a county with a population of less than 100,000 to be exempt from regulations regarding treatment and non-treatment costs. Any such approval shall be valid for four years;

(O) any corrective action proposed in lieu of repayment by a county found not to have spent funds in accordance with the requirements of this Act;

(P) the range of data to be collected on each county annual report form;

(Q) the range of data to be required to be collected by courts regarding

defendants?? failure to begin treatment within 30 days, as provided by subdivision (j) of Section 1210.03, paragraph 1 of subdivision (h) of Section 1210.1 and subdivision (f) of Section 1210.2 ;

(R) the issues and range of data to be addressed in an annual report by the Department regarding programs conducted pursuant to this Act; and

(S) all research plans for outside evaluation pursuant to Section 11999.10.

(2) Require the Department to provide data related to Track I, Track II, Track III, and youth programs;

(3) Require counties to provide data related to Track I, Track II, Track III, and youth programs;

(4) Develop oversight and enforcement mechanisms to ensure the provision of opioid agonist treatment consistent with this Act;

(5) Develop and approve, in consultation with the Department of Alcohol and Drug Programs, the program and agenda, invitation list and budget for an annual statewide conference on drug treatment diversion pursuant to this Act; and

(6) Conduct public meetings and invite and consider public comment, provided, however, that the Oversight Commission need not respond to all comments before giving approval to regulations or taking other actions.

(c) The Oversight Commission shall be empanelled no later than July 1, 2009. It shall consist of the following 23 voting members: Five treatment providers, including three to be appointed by the Speaker of the Assembly, of which at least one shall be a physician specializing in addiction, and at least one person shall be a provider specializing in treatment of youth under

the age of 18, and with two such appointments made by the President of the Senate, of which one person shall be a member of a statewide association of treatment providers; Two mental health service providers who work in programs providing services to persons with a dual diagnosis of mental illness and substance abuse, of which one person shall be a member of a statewide association of mental health service providers, with both such appointments made by the Governor; Two county alcohol and drug program administrators, with both appointments made by the President of the Senate; Two drug treatment program counselors, including one who is a member of a statewide association of counselors, with both appointments made by the Governor; Two probation department executives or officers, with both appointments made by the Governor; One person formerly a participant in a treatment program established pursuant to the Substance Abuse and Crime Prevention Act of 2000, or Track I or Track II of this Act, appointed by the Governor; Two criminal defense attorneys, including one public defender and one attorney in private defense practice, with both appointments made by the Speaker of the Assembly; Two public policy researchers from public or private universities in California, with both appointments made by the President of the Senate; Two members of organizations concerned with civil rights, drug laws and/or drug policies, to be appointed by the President of the Senate; Three law enforcement professionals and/or members of the judiciary, who must each be in active service or retired from active service, to be appointed by the Governor and confirmed by the Senate.

(d) On July 1, 2011, the terms of the following members shall expire: the two treatment provider representatives appointed by the Speaker, one treatment provider representative appointed by the President of the Senate, one public policy researcher, one criminal defense attorney, one representative of law enforcement or the judiciary, one county alcohol and drug program administrator, one drug treatment program counselor, one mental health service provider, one person representing organizations concerned with civil rights, drug laws and/or drug policies, one representative of the probation department, executives or officers, and the former participant in a treatment program. On July 1, 2012, the terms of the following members shall expire: one treatment provider representative appointed by the Speaker and one treatment provider representative appointed by the President of the Senate, one drug treatment program counselor, one mental health service provider, one county alcohol and drug program administrator, one representative of the probation department, executives or officers, one criminal defense attorney, one person representing organizations concerned with civil rights, drug laws and/or drug policies, one public policy researcher, and two representatives of law enforcement or the judiciary. For appointments made to the first commission to be empanelled by no later than July 1, 2009, the Speaker, the President of the Senate and the Governor shall indicate on which of the specified dates each term of each individual representative appointed by them shall expire when there is more than one possible date of expiration for that category of appointment. Successor members shall be appointed in the same manner, and hold office for terms of four years, each term to commence on the expiration date of the predecessor. Any appointment of a vacancy that occurs for any reason other than the expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment.

(f) Members of the Oversight Commission other than government employees shall receive a per diem to be determined by the Director of the Department, but not less than the usual per diem rate allowed to Department employees during travel out of state. All members shall be reimbursed by the Department of for all necessary expenses of travel actually incurred attending meetings of the Board and in the performance of their duties. All expenses shall be paid by the Department, and the Department shall also provide staff for the Board sufficient to support and facilitate its operations. For purposes of compensation, attendance at meetings of the Commission by a state or local government employee shall be deemed performance of the duties of his state or local government employment.

SECTION 39. Section 11999.6 of the Health & Safety Code is hereby amended to read:

11999.6. (a) Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of the Health and Human Services Agency through the State Department of Alcohol and Drug Programs to counties to cover the costs of youth programs and placing persons in and providing drug treatment programs under Track I, Track II and Track III as provided in this act Act, and vocational training, family counseling,

mental health services, harm reduction therapy and services and literacy training, and, where permitted by regulations approved by the Oversight Commission, for housing assistance, childcare, and transportation to and from clinical assessment, court appearances, drug treatment, mental health services, and other court mandated services and ancillary services such as vocational training, family counseling, harm reduction therapy and services, and literacy training accessed pursuant to under this act Act. Additional costs that may be reimbursed from the Substance Abuse Treatment Trust Fund include probation department costs, court monitoring costs and any miscellaneous costs made necessary by the provisions of this act, other than except for drug testing services of any kind in youth programs or for defendants participating in Track I or Track II. The Department may use funds appropriated by this Act to prepare and present an annual calculation of the need for funding for drug testing services. Incarceration costs cannot be reimbursed from the fund.

Those moneys shall be allocated to counties through a fair and equitable distribution formula established by the Oversight Commission. that includes, but is not limited to, per capita arrests for controlled substance possession violations and substance abuse treatment caseload, as determined by the department as necessary to carry out the purposes of this act. The department may shall reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the director of the department or the Oversight Commission has determined that demand for drug treatment services, including opioid agonist treatment, is not adequately met by existing programs. However, nothing in this section shall be interpreted or construed to allow any entity, including the Department or any county, to use funds from the Substance Abuse Treatment Trust Fund to supplant funds from any existing other fund source or mechanism currently used to provide substance abuse treatment, except for grants awarded pursuant to the Drug Court Partnership Act or Comprehensive Drug Court Implementation Act, which may be supplanted by Track III funds. Funding provided by the Substance Abuse Treatment Trust Fund shall cover those portions of care that cannot be paid for by other means, such as public or private insurance, mental health services funding from the Mental Health Services Fund, treatment program funding from the Department of Corrections and Rehabilitation, an individual defendant??s contributions, or other funding sources for which the defendant is eligible. In addition, funds from the Substance Abuse Treatment Trust Fund shall not be used to fund in any way the drug treatment courts established pursuant to Article 2 (commencing with Section 11970.1) or Article 3 (commencing with Section 11970.4) of Chapter 2 of Part 3 of Division 10.5, including drug treatment or probation supervision associated with those drug treatment courts.

(b) Prior to calculating the annual allocations for distribution to counties, the Department shall withhold funds, in amounts approved by a majority of the Oversight Commission, from the Substance Abuse Treatment Trust Fund sufficient to:

(1) provide for direct contracts between the Department and drug treatment providers in counties that have been determined, by the director or the Oversight Commission, to provide inadequate access to drug treatment services, including opioid agonist treatment and other medication-assisted treatments;

(2) provide addiction training programs for persons required to receive such training under this Act or for persons authorized to receive such training by the Oversight Commission consistent with this Act;

(3) produce implementation training programs and/or conferences for local stakeholders; and

(4) pay for studies by public universities as provided by Section 11999.10.

(c) Subject to modification as provided in subdivision (d), funds remaining in the Substance Abuse Treatment Trust Fund shall be allocated annually as follows, in subaccounts of the Trust Fund:

(1) Fifteen percent for youth programs, as defined in subdivision (n) of Penal Code Section 1210.

(2) Fifteen percent for treatment and related costs for Track I diversion

programs, provided pursuant to Penal Code Section 1210.03.

(3) Sixty percent for treatment and related costs for Track II diversion programs, provided pursuant to Penal Code Section 1210.1.

(4) Ten percent for treatment and related costs for Track III diversion programs, provided pursuant to Penal Code Section 1210.2.

(d) Upon the enactment of regulations promulgated by the Department and approved by the Oversight Commission, distribution of up to 10 percent of the allocation to counties for Track I, Track II and/or Track III programs may be made contingent upon specific requirements to adopt best practices, create innovative programs, and/or establish programs for underserved populations, and may be subject to a county matching requirement. Any regulation making a portion of county allocations contingent in this manner shall specify the disposition of funds not accessed by counties for failure to meet the specific requirements. Absent any such regulations, the Department shall not place any contingency involving a county matching requirement on the allocations for Track I, Track II or Track III programs.

(e) Notwithstanding the creation of Track III diversion programs in this Act, and the requirement for 10 percent of funding from the Trust Fund to go to such programs, no provision of this Act shall be interpreted to preclude:

(1) the creation or maintenance of innovative programs providing court-supervised treatment to persons or defendants not eligible for treatment under the terms of this Act;

(2) the appropriation, by the Legislature, of separate funding for programs for court-supervised treatment for persons or defendants not eligible for treatment under the terms of this Act; or

(3) the use, by local court-supervised treatment programs, of funds provided by a county, the federal government or private sources.


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