2023 California Code
Health and Safety Code - HSC
DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT
CHAPTER 6 - Offenses and Penalties
ARTICLE 4 - Miscellaneous Offenses and Provisions
Section 11373.
11373. (a) (1) When a person who is otherwise eligible for probation is granted probation by the trial court or sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code, after conviction for a violation of any controlled substance offense under this division, the trial court shall, as a condition of probation, order that person to complete successfully a controlled substance education or treatment program, as appropriate for the individual, approved pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.
(2) For purposes of this section, “complete successfully” means that a defendant who has had controlled substance education or treatment imposed as a condition of probation has completed the prescribed course of controlled substance education or treatment as recommended by the treatment provider and ordered by the court. Completion of education or treatment shall not require cessation of narcotic replacement therapy.
(3) When referring a person pursuant to this subdivision, the court shall determine the person’s ability to pay. If the court finds that the person is financially unable to pay, the court may develop a sliding fee schedule for the program based on the person’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs.
(4) (A) To fulfill the requirements of paragraph (1), when a defendant is granted probation by the trial court after conviction for a violation of Section 11350, 11351, or 11352 involving any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the trial court shall order that person to successfully complete a fentanyl and synthetic opiate education program, if one is available.
(B) A fee shall not be imposed for participation or enrollment in a fentanyl and synthetic opiate education program.
(b) The willful failure to complete a court-ordered controlled substance education or treatment program shall be a circumstance in aggravation for purposes of sentencing for any subsequent prosecution for a violation of Section 11353, 11354, or 11380. The failure to complete an education or treatment program because of the person’s inability to pay the costs of the program or because of the unavailability to the defendant of appropriate programs is not a willful failure to complete the program for the purposes of this section.
(c) (1) The court or the probation department shall refer defendants only to controlled substance education or treatment programs that follow standards outlined in paragraph (2), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The county drug program administrator, with input from representatives of the court, the county probation department, and substance use treatment providers, shall design and implement an approval and renewal process for controlled substance education or treatment programs.
(2) A controlled substance education and treatment program shall be based on the best available current science and evidence and provide educational resources on the pathology of addiction and existing treatment modalities. The goal of a controlled substance education or treatment program shall be to save lives and reduce the risks associated with drug use, including the manufacture and distribution of controlled substances, and to reduce the recidivism that occurs from the use of controlled substances. As such, a controlled substance education or treatment program shall include education about how the use of controlled substances affects the body and brain, factors that contribute to physical dependence, how to recognize and respond to the signs of drug overdose, and the dangers of using controlled substances, unless under appropriate medical supervision. Such education shall be culturally and linguistically appropriate and may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who are exposed to controlled substances and the extreme danger to human life when manufactured or distributed.
(d) Upon conviction of any felony in which the defendant is sentenced to state prison for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
(e) Upon conviction of any felony in which the defendant is sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and the court does not order suspension of the execution of the term of imprisonment pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code, for a violation of any controlled substance offense under this division, a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a controlled substance education or treatment program while imprisoned that complies with the standards outlined in paragraph (2) of subdivision (c).
(f) As used in this section, “opiate” includes “opioid” drugs.
(Amended by Stats. 2023, Ch. 818, Sec. 2.5. (AB 890) Effective January 1, 2024.)
