The new law provides secure treatment option to those who commit non-violent crimes as a result of serious drug addiction
(Woodland, CA) – October 11, 2023 – On October 10, 2023, Assemblymember Kevin McCarty’s “Hope California” bill was signed into law by Governor Newsom. AB 1360 creates a voluntary pilot program in Yolo and Sacramento Counties that will allow the courts to authorize temporary confined drug treatment, instead of jail or prison, for those who commit certain non-violent felonies due to their Substance Use Disorder (SUD). The law will also allow the counties to develop wrap-around services and expunge records for offenders who complete the treatment. McCarty authored AB 1360 in partnership with Yolo County District Attorney Jeff Reisig. Senator Bill Dodd was one of AB 1360s co-authors.
Those eligible for the treatment program created by AB 1360 will include people who have committed drug-motivated felonies that, absent this program and their voluntary decision to participate, would result in them being sentenced to jail or prison, upon conviction. Those who commit misdemeanors, simple drug possession, sex offenses, and serious/violent offenses are not eligible. Approved participants will be assessed by treatment providers who will determine the level, length and type of treatment needed. Once participants have completed the secured inpatient program, they may be moved to a residential treatment facility or receive intensive outpatient treatment. Upon successful completion of the program, the court is empowered to dismiss the current and prior drug convictions.
According to the National Institution of Health (NIH) and the National Institute for Drug Abuse (NIDA), an estimated 65% of the United States prison and jail populations have an active SUD. Another 20% did not meet the official criteria for a SUD, but were under the influence of drugs or alcohol at the time of the crime. Additionally, economic and societal costs of untreated substance abuse in the U.S. now exceeds $700 billion.
“Incarcerated individuals diagnosed with SUDs are the fastest growing population in our county jail and state prison systems,” said Assemblymember McCarty. “For many individuals suffering with SUDS, residential and professional evidence-based treatment programs are the most effective option. Our efforts in California in treating the disease, many of whom also suffer from mental health issues or experiencing homelessness, have been unsuccessful. AB 1360 provides counties an additional option for helping for those who need it most.”
“I applaud Assembly Member McCarty for his leadership on Hope California and the legislature and Governor Newsom as well,” stated Reisig. “We all recognized that it is time to offer an alternative approach to rehabilitation for certain seriously addicted individuals who are convicted of non-violent offenses. Hope California will allow these individuals to choose a path that is designed to hold them accountable for their crimes, while also receiving robust treatment in a secure environment. Ultimately, we all have hope that through this innovative approach, public safety will be improved, and more offenders will recover and become productive members of society.”
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