2009 California Penal Code - Section 13880-13884 :: Chapter 9. California Major Narcotic Vendors Prosecution Law

PENAL CODE
SECTION 13880-13884

13880.  (a) The Legislature finds and declares that the production
and sale of narcotics is an ever increasing problem because of the
substantial illicit profits derived therefrom. The Legislature
further finds and declares that a substantial and disproportionate
amount of serious crime is associated with the cultivation,
processing, manufacturing, and sale of narcotics.
   (b) The Legislature finds and declares that the level of
production, distribution, and sale of narcotics in small counties in
this state threatens the well-being not only of citizens of those
counties, but of the rest of the state as well. Since many of these
counties have experienced less growth in their general purpose
revenues than the rest of the state, and yet are required to bear the
burden of funding disproportionate criminal justice costs associated
with the production, distribution, and sale of narcotics, the
Legislature recognizes the need to provide financial assistance for
these counties.
   (c) The Legislature intends to support intensified efforts by
district attorneys' offices to prosecute drug producers and sellers
through organizational and operational techniques that have been
proven effective in selected jurisdictions in this and other states.

13881.  (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the California Major Narcotic Vendors
Prosecution Law. All funds appropriated to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and disbursed by
the executive director of the office in consultation with the
California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
   (b) The executive director is authorized to allocate and award
funds to counties in which the California Major Narcotic Vendors
Prosecution Law is implemented in substantial compliance with the
policies and criteria set forth in this chapter.
   (c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made available
to support the prosecution of felony drug cases. Funds available
under this program shall not be subject to review, as specified in
Section 14780 of the Government Code.
   (d) The executive director shall prepare and issue written program
and administrative guidelines and procedures for the California
Major Narcotic Vendors Prosecution Program consistent with this
chapter, which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the agency
or agencies designated by the Director of Finance pursuant to
Section 13820 that the county is experiencing a proportionately
significant increase in major narcotic cases. Further, the guidelines
shall provide for the allocation and award of funds to small county
applicants, as designated by the executive director. The guidelines
shall also provide that any funds received by a county under this
chapter shall be used only for the prosecution of cases involving
major narcotic dealers. For purposes of this subdivision, "small
county" means a county having a population of 200,000 or less.

13882.  California major narcotic vendors prosecution units
receiving funds under this chapter shall concentrate enhanced
prosecution efforts and resources upon individuals identified under
selection criteria set forth in Section 13883. Enhanced prosecution
efforts and resources shall include, but not be limited to, all of
the following:
   (a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a drug case
will perform all subsequent court appearances on that particular case
through its conclusion, including the sentencing phase.
   (b) Assignment of highly qualified investigators and prosecutors
to drug cases.
   (c) Significant reduction of caseloads for investigators and
prosecutors assigned to drug cases.

13883.  (a) An individual may be the subject of the California Major
Narcotic Vendors Prosecution Law prosecution efforts who is under
arrest for the commission or attempted commission of one or more
felonies relating to controlled substances in violation of Section
11351, 11352, 11358, 11378, 11378.5, 11379, 11379.5, or 11383 of the
Health and Safety Code.
   (b) In applying the criteria set forth in subdivision (a), a
district attorney may, consistent with the provisions of subdivision
(d) of Section 13881, elect to limit drug prosecution efforts to
persons arrested for any one or more of the felonies listed in
subdivision (a) if crime statistics demonstrate that the incidence of
that felony or felonies presents a particularly serious problem in
the county.
   (c) In exercising the prosecutorial discretion granted by this
section, the district attorney shall consider (1) the character,
background, and prior criminal background of the defendant, and (2)
the number and the seriousness of the offenses currently charged
against the defendant.

13884.  (a) Each district attorney's office establishing a
California major narcotic vendors prosecution unit and receiving
state support under this chapter shall adopt and pursue the following
policies for the California Major Narcotic Vendors Prosecution Law
cases:
   (1) All reasonable prosecutorial efforts shall be made to resist
the pretrial release of a charged defendant selected for prosecution
under the California Major Narcotic Vendors Prosecution Law.
   (2) All reasonable prosecutorial efforts shall be made to persuade
the court to impose the most severe authorized sentence upon a
person convicted after prosecution under the California Major
Narcotic Vendors Prosecution Law.
   (3) All reasonable prosecutorial efforts shall be made to reduce
the time between arrest and disposition of charge against an
individual selected for prosecution under the California Major
Narcotic Vendors Prosecution Law.
   (b) The selection criteria set forth in Section 13883 shall be
adhered to for each California Major Narcotic Vendors Prosecution Law
case unless, in the reasonable exercise of prosecutor's discretion,
extraordinary circumstances require the departure from those policies
in order to promote the general purposes and intent of this chapter.


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