Jail or prison is not a place where individuals living with substance use disorders get well. “Hope California” would enable the counties of Contra Costa, San Joaquin, Santa Clara, and Yolo to create a pilot program which would give individuals who have committed certain drug motivated felony crimes the opportunity to receive treatment in a secured treatment facility, rather than go to jail or prison. Individuals with substance use disorders (SUDs) who commit a drug motivated felony offense, and as a result would be sentenced to a jail or prison sentence, would be eligible for this program. Also, to determine suitability, behavioral health professionals would assess these individuals to determine if residential treatment is the prescribed level of care. Once found suitable for the program, based on the recommendation of behavioral health experts, the judge would give them the option of going to the treatment facility to get well, or serve their sentence in jail or prison. If they choose the alternative to jail/prison, they would receive treatment in a secured facility with no bars, guns, or guards. After leaving the treatment facility, they would receive stepdown services which could include residential housing or intensive outpatient treatment. Upon successful completion of the program, the judge would expunge their conviction for the current crime, and possibly other past crimes, which would give them a “second chance” and avoid impediments, such as housing and employment, that result from felony convictions.
Text of proposed legislation can be found here: AB1928
Q1: Who is exempt under this bill?
- Sex offenders (290s)
- “Violent” or “Serious” crimes (murder, rape, assault with a deadly weapon etc.)
- Non-violent drug possession offense
Q2: How will the program work?
- Individual gets arrested and charged with one or more felonies not on the exclusion list.
- The individual would enter a plea agreement or be convicted at trial.
- Then probation writes a sentencing report.
- For an individual to be eligible, Probation’s recommendation, or the agreed upon sentence by counsel for the defendant and the DA, would be a lengthy jail or a prison sentence.
- If there is a belief that the individual suffers from a Substance Use Disorder (SUD) and sentence would be a lengthy period in jail or prison, the individual would be assessed by treatment experts to determine whether inpatient treatment is appropriate.
- When the case proceeds to sentencing, the judge will have information from probation and the health assessments.
- If the individual is found to be suitable, then the option of the pilot program would be offered.
- At this point, the individual could opt to go to jail/prison to serve the sentence or get treatment in the secure facility.
- The individual could choose to opt out of the pilot program at any time, in which case that individual would serve the sentence in jail or prison.
- Upon successful completion of the program, the individual would step down to a residential treatment program or intensive outpatient treatment, depending on the assessment by treatment experts.
- The court would then expunge the conviction of the individual.
Q3: Will the program result in locking up petty offenders?
- Only individuals convicted of felonies and facing a lengthy jail or prison sentence are eligible for the program.
Q4: Will this program be applied in a discriminatory manner?
- People of color are disparately represented in this target population. This program will not exacerbate the disparity we see in our jails or prison. Instead it will allow the criminal justice system to reverse this disparity by allowing people of color to get treatment rather than become another statistic after being sent to jail or prison.
Q5: Is it truly a choice – will the program coerce individuals into choosing the secure treatment to avoid jail or prison?
- It is clear in the bill that this will be offered as an option to individuals.
- Individuals would have psychological assessments to further determine the individual’s readiness for treatment.
- For those individuals who have been convicted and will be otherwise sentenced to jail or prison, they will have the option of entering a secure facility for treatment to avoid being locked up in a jail or prison. If at any time they decide they no longer want to participate in the program, they can change their mind and serve their time in jail or prison.
- In fact, the secure treatment option offers an incentive to get well and have the conviction expunged.
Q6: Is this an evidenced-based program?
- This is a pilot program located in four CA counties. All the treatment in the program will be evidence based and in line with ASAM. (American Society of Addiction Medicine).
- This exact type of program has not been tried. It’s not drug court. It’s not treating someone in jail or prison. This bill is about giving someone the option of choosing not to go to jail or prison but instead to be treated in a soft secure treatment facility staffed by health care workers, not prison guards.
Q7: Isn’t this really just lockdown treatment?
- This is different than jail or prison lockdown treatment. This is a soft secured facility. It might even be in a house licensed as residential treatment facility. No guns, guards, or bars.
- Five out of the nine levels under ASAM have some type of residential treatment, including some levels requiring 24-hour care with trained counselors to stabilize multidimensional imminent danger, which is what this program looks to provide.
Q8: We don’t punish and lock up those who suffer from other chronic diseases (diabetes), why are we punishing this population?
- Those individuals who suffer from other chronic diseases are generally clear-headed and are medication compliant.
- They are not victimizing others by committing crimes such as vehicle thefts, assaults, and commercial burglaries.
- This population in AB 1928 is too ill to have the proper insight to be treatment and medication compliant for a prescribed period of time, unlike those who live with chronic diseases.
Q9: Are we putting health decisions in the hands of judges or prosecutors?
- The judge is simply a conduit for offering this secured treatment facility based solely on the recommendation of expert treatment providers who will be conducting the assessment and making recommendations.
- Neither the judge nor prosecutor can deviate from the recommendation of the experts.
Q10: Other treatment programs have incentives, does this program?
- The incentive is to allow individuals to avoid jail or prison and more importantly to get treatment for a SUD and get their convictions expunged.
Q11: Wouldn’t these individuals be eligible for probation?
- Some would be facing a prison sentence and would not be eligible for probation.
- Others would be placed on probation with a lengthy jail sentence, but for this pilot program.
Q12: Would this program adversely impact the credits an individual gets while serving time in jail or prison?
- The bill requires that individuals would spend equal or less time in the secure treatment facility as compared to the time they would spend in jail or prison.
- The individual would still earn credits.
- If providers determine that someone is exceeding in their recovery, the time in the treatment facility can be reduced.
Q13: Can people change their mind about being in the program?
- Yes, individuals can opt out of the program and choose to leave the treatment facility and complete the remainder of their originally imposed sentence.
- Treatment providers based on their assessment can also determine if an individual is no longer suitable for the residential treatment facility (not the right level of treatment).
Q14: What about funding?
- To the extent permitted under federal or state law, treatment provided to the participant during the program would be reimbursable under the Medi-Cal program.
- If treatment services are not reimbursable under the Medi-Cal program, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the legislature.