continued;

SECTION 40. Section 11999.6.1 of the Health & Safety Code is hereby amended to read:

11999.6.1 Payment of Treatment Costs for Parolees

Notwithstanding the provisions of Section 11999.6, the costs of drug treatment and related services, including mental health services, for parolees placed into treatment under the terms of this Act shall be paid by the Department of Corrections and Rehabilitation and not by funds from the Substance Abuse and Treatment Trust Fund.
(a) Notwithstanding any other provision of law, when the department allocates funds appropriated to the Substance Abuse Treatment Trust Fund, it shall withhold from any allocation to a county the amount of funds previously allocated to that county from the fund that are projected to remain unencumbered, up to the amount that would otherwise be allocated to that county. The department shall allow a county with unencumbered funds to retain a reserve of 5 percent of the amount allocated to that county for the most recent fiscal year in which the county received an allocation from the fund without a reduction pursuant to this subdivision.

(b) The department shall allocate 75 percent of the amount withheld pursuant to subdivision (a) in accordance with Section 11999.6 and any regulations adopted pursuant to that section, but taking into account any amount withheld pursuant to subdivision (a).

(c) The department shall reserve 25 percent of the amount withheld pursuant to subdivision (a) until all counties have submitted final actual expenditures for the most recent fiscal year. The department shall then allocate the funds reserved to adjust for actual rather than

projected unencumbered funds, to the extent that the amount reserved is adequate to do so. Any balance of funds not reallocated pursuant to this subdivision shall be allocated in accordance with subdivision (e).
(d) If the department determines from actual expenditures that more funds should have been withheld from any county than were withheld pursuant to subdivision (a), it shall adjust any allocations pursuant to subdivision (e) accordingly, to the extent possible. If one or more counties fails to report actual expenditures in a timely manner, the department may, in its discretion, proceed with the available information, and may exclude any nonreporting county from any allocations pursuant to this section.

(e) If revenues, funds, or other receipts to the Substance Abuse Treatment Trust Fund are sufficient to create additional allocations to counties, through reconsideration of unencumbered funds, audit recoveries, or otherwise, the Director of Finance may authorize expenditures for the department in excess of the amount appropriated no earlier than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees in each house and the Chairperson of the Joint Legislative Budget Committee, or at an earlier time that the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine.

(f) The department may implement this section by All-County Lead Agency letters or other similar instructions, and need not comply with the rulemaking requirements of Chapter

3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.

SECTION 41. Section 11999.6.1 is hereby added to the Health & Safety Code to read:

11999.6.2 County Management of Funds

(a) County plans. Counties shall submit to the Department and the Oversight Commission their plans for implementation and spending for programs funded pursuant to this Act at least once every three years, or more frequently as provided in regulations approved by the Oversight Commission. A county with a population of less than 100,000 may petition the Oversight Commission to create and submit plans jointly with one or more additional counties.

(b) Segregation of Funds. Counties receiving funds pursuant to Section 11999.6 shall establish three separate trust funds: one for Track I and Track II programs, one for Track III programs and one for youth programs. Counties shall segregate all funds received from the state appropriately. Notwithstanding these requirements, a county with a population of less than 100,000 may petition the Oversight Commission for an exemption from these restrictions.

(c) Regulation of Treatment and Non-Treatment Costs. Counties shall spend a minimum of 80 percent of the funds provided pursuant to Section 11999.6 for Track I and Track II treatment diversion programs on the delivery of treatment and support services, with up to 20 percent allowable for non-treatment costs including probation department costs, court monitoring costs, and other costs made necessary by this Act. The Oversight Commission shall approve regulations to categorize costs as treatment costs or non-treatment costs, to specify allowable percentages of non-treatment costs for Track III programs and to describe permissible uses of funds provided for youth programs. Notwithstanding these requirements, a county with a population of less than 100,000 may petition the Oversight Commission for an exemption from these restrictions.

(d) Excess Funds. Youth Treatment. For fiscal years 2008-09, 2009-10, 2010-11 and 2011-12, a county may retain unspent funds received from the

Substance Abuse Treatment Trust Fund to use those funds in a future year. Thereafter, all unspent funds shall be subject to regulations approved by the Oversight Commission regarding reserve funds. Other than funds placed in a reserve in accordance with an approved county plan, any funds allocated to a county which have not been spent for their authorized purpose within three years shall be transferred to the county??s fund for youth programs.

(e) Local Research. A county may use a portion of funds provided pursuant to Section 11999.6 to pay for independent research studies, provided that the county has received prior approval to contract for such research from the Department and Oversight Commission.

SECTION 42. Section 11999.8 of the Health & Safety Code is hereby amended to read:

11999.8. Surplus Funds

Any funds remaining in the Substance Abuse Treatment Trust Fund at the end of a fiscal year may shall be utilized to pay for youth programs or drug treatment programs provided to defendants in Track I, II or III to be carried out in the subsequent fiscal years.

SECTION 43. Section 11999.9 of the Health & Safety Code is hereby amended to read:

11999.9. The department shall annually publish data regarding the programs conducted pursuant to this Act. Publication of annual data shall occur no more than five months after the end of the fiscal year. The Oversight Commission shall establish the range of data to be published in such annual reports, which shall include all caseload and fiscal data required for the reports required of the Office of the Legislative Analyst pursuant to Section 11999.9.1. The reports may be published electronically. The department shall furnish all data to the Office of the


Legislative Analyst, upon request, as soon as it is practical to do so. (a) The department shall conduct three two-year followup studies to evaluate the effectiveness and financial impact of the programs that are funded pursuant to the requirements of this act, and submit those studies to the Legislature no later than January 1, 2009, January 1, 2011, and January 1, 2013, respectively. The evaluation studies shall include, but not be limited to, a study of the implementation process, a review of lower incarcerations costs, reductions in crime, reduced prison and jail construction, reduced welfare costs, the adequacy of funds appropriated, and other impacts or issues the department can identify, in addition to all of the following:

(1) Criminal justice measures on rearrests, jail and prison days averted, and crime trends.

(2) A classification, in summary form, of rearrests as having occurred as a result of:

(A) A parole violation.

(B) A parole revocation.

(C) A probation violation.

(D) A probation revocation.

(3) A classification, in summary form, of the disposition of crimes committed in terms of whether the person was:

(A) Retained on probation.

(B) Sentenced to jail.

(C) Sentenced to prison.

(4) Treatment measures on completion rates and quality of life indicators, such as alcohol and drug used, employment, health, mental health, and family and social supports.

(5) A separate discussion of the information described in paragraphs (1) to (3), inclusive, for offenders whose primary drug of abuse was methamphetamine or who were arrested for possession or use of methamphetamine and, commencing with the report due on or before January 1, 2009, the report shall include a separate analysis of the costs and benefits of treatment specific to these methamphetamine offenders.

(b) In addition to studies to evaluate the effectiveness and financial impact of the programs that are funded pursuant to the

requirements of this act, the department shall produce an annual report detailing the number and characteristics of participants served as a result of this act, and the related costs.

SECTION 44. Section 11999.9.1 is hereby added to the Health & Safety Code to read:

11999.9.1 Funding Recommendations

In each of the fiscal years 2010-11, 2012-13 and 2013-14, and periodically thereafter, the Office of the Legislative Analyst shall publish an evaluation of the adequacy of funding provided for programs pursuant to Penal Code Sections 1210.01 to 1210.04, inclusive, and Penal Code Sections 1210.1 and 1210.2, in the prior year. The report shall provide recommendations to the Legislature for any additional funding that might be necessary for drug treatment, support services, or related programs, to the extent such needs can be calculated or estimated, with due consideration of the levels of service recommended for participating defendants by researchers, treatment providers, physicians, county alcohol and drug program administrators and other stakeholders. The report may make separate recommendations for funding that take account of the fiscal condition of the state and of the counties.

SECTION 45. Section 11999.10 of the Health & Safety Code is hereby amended to read:

11999.10. The department shall allocate at least 1 percent of the fund??s total moneys in fiscal years 2009-10 through 2014-15, and up to 0.5 2 percent of the fund??s total moneys each year in subsequent fiscal years, for studies to be conducted by two public universities in California, one in the northern half of the state and one in the southern half of the state, aimed at evaluating the effectiveness and financial impact of Track I, Track II and Track III treatment diversion programs and youth programs. Reports and studies paid for under this section shall be published jointly by the two universities, and shall not be subject to approval by the department.

One study to be published at least once every three years shall consist of a cost-benefit analysis of state and local drug enforcement and interdiction policies, including perspectives on economics, public health, public policy and the law. This study, in part, must address the impacts of drug law enforcement efforts on individuals, families and communities, and shall examine, through quantitative and qualitative analysis, (a) any disparate impacts based on race, sex and socioeconomic status, (b) the relationship between any disparate impacts and the decisions, strategies and practices of local and state drug enforcement officials, and (c) the collateral consequences of drug laws, policies and enforcement.

The Oversight Commission may order studies of specific additional issues by a majority vote. to fund the costs of the studies required in Section 11999.9 by a public or private university.

SECTION 46. Section 11999.11 of the Health & Safety Code is hereby amended to read:

11999.11. County Reports

Counties Each county shall submit a report annually to the department detailing the numbers and characteristics of clients-participants served as a result of funding provided by this act, and any other data that may be required. The department shall promulgate a form, to be approved by the Oversight Commission, which shall be used by the counties for the reporting of this information, as well as any other information that may be required by the department. The form shall require counties to report the amount of money spent for drug treatment services and testing for defendants participating in Track III programs, and shall require

counties to provide data regarding the adequacy of funding. The department shall establish a deadline by which the counties shall submit their reports. The Department shall promptly provide the reports in electronic form for public consumption, provided that the Department shall redact any information of which federal law or the California Constitution prohibits disclosure.

SECTION 47. Section 11999.12 of the Health & Safety Code is hereby amended to read:

11999.12. The department shall conduct periodic audits of the expenditures made by any county that is funded, in whole or in part, with funds provided by this act. Counties shall repay to the department any funds that are not spent in accordance with the requirements of this act. With approval by a majority of the Oversight Commission, Thethe department may require a corrective action by the county in the place of repayment, as determined by the department.

SECTION 48. Section 11999.13 of the Health & Safety Code is hereby amended to read:

11999.13 Excess Funds Treatment Diversity

At the end of each fiscal year, a county may retain unspent funds received from the Substance Abuse Treatment Trust Fund and may spend those funds, if approved by the department, on drug treatment programs that further the purposes of this Act. The Department shall promulgate regulations, with approval by a majority of the Oversight Commission, that require county plans to address the provision of culturally and linguistically appropriate services that are geographically accessible to the relevant communities.

SECTION 49. Section 11999.14 is hereby added to the Health & Safety Code to read:

11999.14 Drug Overdose Prevention

Any county jail housing probationers or parolees pursuant to Tracks II or III of this Act, or Penal Code 3063.01, must provide drug overdose awareness and prevention materials and strategies to all inmates prior to their release. The materials and strategies shall be developed by each county??s Department of Alcohol and Drug Programs in consultation with physicians specializing in addiction and practitioners specializing in harm reduction and must be designed and disseminated in a manner calculated to most effectively reach the jail??s inmate populations and shall be described in the county plans. The State Department of Alcohol and Drug Programs shall review the county overdose materials and strategies for evidence-based best practices.

SECTION 50. Eligibility for Mental Health Services for Persons Dually Diagnosed and in Programs Under Treatment Diversion Tracks I, II and III.


Section 5600.33 is hereby added to the Welfare and Institutions Code to read:

5600.33 For purposes of subdivision

(b) of Welfare and Institutions Code Section 5600.3, adults with a serious mental disorder shall include adults who are in drug treatment programs pursuant to the provisions of Penal Code Sections 1210.01 to 1210.05, inclusive, and Penal Code Sections 1210.1 and 1210.2, and who have been diagnosed with a mental illness coincident with a diagnosis of substance abuse or addiction, and who meet the requirements of paragraphs (2) and (3) of subdivision (b) of Section 5600.3. Such adults shall be considered to have a severe mental illness and shall be eligible for services pursuant to Section 5813.5 utilizing funds in accordance with paragraph (5) of subdivision (a) of Section 5892. Furthermore, each update of a county??s plan pursuant to Section 5847 shall include provisions documenting the county??s efforts to serve qualifying adults in drug treatment programs pursuant to the provisions of Penal Code Sections 1210.01 to 1210.05, inclusive, and Penal Code Sections 1210.1 and 1210.2, and who have been diagnosed with a mental illness coincident with a diagnosis of substance abuse or addiction. However, nothing in this section shall be construed to require payment for mental health services for parolees from the Mental Health Services Fund.

SECTION 51. Inclusion of Drug Treatment Stakeholders in Mental Health Service Planning

Section 5848 of the Welfare and Institutions Code is hereby amended to read:

(a) Each plan and update shall be developed with local stakeholders including adults and seniors with severe mental illness, families of children, adults and seniors with severe mental illness, providers of services, drug treatment providers, county alcohol and drug program agencies, members of the judiciary, law enforcement agencies, education, social services agencies and other important interests. A draft plan and update shall be prepared and circulated for review and comment for at least 30 days to representatives of stakeholder interests and any interested party who has requested a copy of such plans.

(b) The mental health board established pursuant to Section 5604 shall conduct a public hearing on the draft plan and annual updates at the close of the 30-day comment period required by subdivision (a). Each adopted plan and update shall include any substantive written recommendations for revisions. The adopted plan or update shall summarize and analyze the recommended revisions.

The mental health board shall review the adopted plan or update and make recommendations to the county mental health department for revisions.

(c) The department shall establish requirements for the content of the plans. The plans shall include reports on the achievement of performance outcomes for services pursuant to Part 3 (commencing with Section 5800), Part

3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850) of this division funded by the Mental Health Services Fund and established by the department.

(d) Mental health services provided pursuant to Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of this division, shall be included in the review of program performance by the California Mental Health Planning Council required by paragraph (2) of subdivision (c) of Section 5772 and in the local mental health board??s review and comment on the performance outcome data required by paragraph (7) of subdivision (a) of Section 5604.2.

SECTION 52. Repeal of Ballot Referral Provision.

The following uncodified language from Section 9 of Senate Bill 1137, Chaptered Bill Text Chapter 63, passed by the Legislature June 27, 2006, approved by the Governor July 12, 2006, and filed with the Secretary of State July 12, 2006, is hereby stricken:

SEC. 9. The provisions of this bill shall be applied prospectively. If any provision of this bill is found to be invalid, the entire legislative measure shall be submitted to the voters at the next statewide election.

SECTION 53. Effective Date

Except as otherwise provided, the provisions of this Act shall become effective July 1, 2009, and its provisions shall be applied prospectively.

SECTION 54. Amendment

Except as otherwise provided herein, this Act may be amended only by a statute approved by the electors, or by a statute that is approved by a four-fifths majority of all members of each house of the Legislature and that furthers the purposes of this Act. However, those portions of the Penal Code and Health and Safety Code enacted as part of the Substance Abuse and Crime Prevention Act of 2000 that are not referenced or modified herein may be modified pursuant to the provisions of that measure.

In any litigation involving the constitutionality of any such legislatively enacted statute, the party or parties contending that the statute is constitutional shall have the burden of proving its compliance with the foregoing requirements.

SECTION 55. Education Funding Guarantee

No provision of this Act shall be construed to alter the calculation of the minimum state obligations under Section 8 of Article XVI of the California Constitution, nor to diminish the actual state and local support for K14 schools required by law, except as authorized by the Constitution.

SECTION 56. Conflicting Ballot Measures

In the event that this measure relating to protecting our communities by providing rehabilitation programs and drug treatment for youth and nonviolent offenders, and any other criminal justice measure or measures that do not provide rehabilitation to inmates being released into society, are approved by a majority of voters at the same election, and this measure regarding rehabilitation of nonviolent offenders receives a greater number of affirmative votes than any other such measure or measures, this measure shall control in its entirety and conflicting provisions in the other measure or measures shall be void and without legal effect. If this measure regarding rehabilitation of youth and nonviolent offenders is approved but does not receive a greater number of affirmative votes than said other measure or measures, this measure shall take effect to the extent permitted by law.

SECTION 57. Severability

If any provision of this Act or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this initiative which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this initiative are severable.


thats all of it .. thx too 420Mag for prop 5 in entire text of ??Nonviolent Offender Rehabilitation Act of 2008.?