2009 California Penal Code - Section 1211 :: Chapter 1.5. Certification Of Drug Diversion Programs

PENAL CODE
SECTION 1211

1211.  (a) In order to ensure the quality of drug diversion programs
provided pursuant to this chapter and Chapter 2.5 (commencing with
Section 1000) of Title 6, and to expand the availability of these
programs, the county drug program administrator in each county, in
consultation with representatives of the court and the county
probation department, shall establish minimum requirements, criteria,
and fees for the successful completion of drug diversion programs
which shall be approved by the county board of supervisors no later
than January 1, 1995. These minimum requirements shall include, but
not be limited to, all of the following:
   (1) An initial assessment of each divertee, which may include all
of the following:
   (A) Social, economic, and family background.
   (B) Education.
   (C) Vocational achievements.
   (D) Criminal history.
   (E) Medical history.
   (F) Drug history and previous treatment.
   (2) A minimum of 20 hours of either effective education or
counseling or any combination of both for each divertee.
   (3) An exit conference which shall reflect the divertee's progress
during his or her participation in the program.
   (4) Fee exemptions for persons who cannot afford to pay.
   (b) The county drug program administrator shall implement a
certification procedure for drug diversion programs.
   (c) The county drug program administrator shall recommend for
approval by the county board of supervisors programs pursuant to this
chapter. No program, regardless of how it is funded, may be approved
unless it meets the standards established by the administrator,
which shall include, but not be limited to, all of the following:
   (1) Guidelines and criteria for education and treatment services,
including standards of services which may include lectures, classes,
group discussions, and individual counseling. However, any class or
group discussion other than lectures, shall not exceed 15 persons at
any one meeting.
   (2) Established and approved supervision, either on a regular or
irregular basis, of the person for the purpose of evaluating the
person's progress.
   (3) A schedule of fees to be charged for services rendered to each
person under a county drug program plan in accordance with the
following provisions:
   (A) Fees shall be used only for the purposes set forth in this
chapter.
   (B) Fees for the treatment or rehabilitation of each participant
receiving services under a certified drug diversion program shall not
exceed the actual cost thereof, as determined by the county drug
program administrator according to standard accounting practices.
   (C) Actual costs shall include both of the following:
   (i) All costs incurred by the providers of diversion programs.
   (ii) All expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter.
   (d) The county shall require, as a condition of certification,
that the drug diversion program pay to the county drug program
administrator all expenses incurred by the county for administration,
certification, or management of the drug diversion program in
compliance with this chapter. No fee shall be required by any county
other than that county where the program is located.

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