SECTIONS 11640-11647

11640.  The Legislature finds and declares that there has been arecent and rapid expansion in clandestine laboratories illegallyproducing a variety of controlled substances. These are increasinglysophisticated operations, frequently located in rural areas orworking across jurisdictional lines, which pose substantial dangersto the general public from fire, explosion, and the toxic chemicalsinvolved. The controlled substances these laboratories produce, suchas analogs of fentanyl, phencyclidine, and methamphetamine, areextremely difficult to detect and analyze and have caused numerousdeaths and serious injuries to those who use them. The Legislature further finds and declares that, given the numberand nature of clandestine laboratories, local law enforcementofficials in most jurisdictions lack the training, specializedequipment, and resources to adequately enforce existing law. As aresult, the public is increasingly endangered by the laboratoriesthemselves while the controlled substances they produce pose a gravedanger to those who use them. It is the intent of the Legislature in establishing theClandestine Laboratory Enforcement Program to provide increasedfunding for special training, equipment, personnel, and financialassistance to state and local law enforcement officials targeted onthe investigation and prosecution of clandestine laboratories. Theprogram shall also increase public awareness of the problems posed byclandestine laboratories and the products they produce.11641.  The Department of Justice shall establish a ClandestineLaboratory Enforcement Program to assist state and local lawenforcement and prosecutorial agencies in apprehending andprosecuting persons involved in the unlawful manufacture ofcontrolled substances.11642.  (a) To the extent moneys are available therefor, theController, in accordance with criteria and procedures which shall beadopted by the Department of Justice, may reimburse counties with apopulation under 1,750,000 for costs of prosecuting violations,attempts to violate, or conspiracies to violate Section 11100,11100.1, 11104, 11105, 11379.6, or 11383 initiated after January 1,1987. Funding under this subdivision shall not exceed twenty-fivethousand dollars ($25,000) for each prosecution or joint prosecutionassisted. All funds allocated to a county under this subdivisionshall be distributed by it only to its prosecutorial agency, to beused solely for investigation and prosecution of these offenses.Funds distributed under this subdivision shall not be used tosupplant any local funds that would, in the absence of thissubdivision, be made available to support the prosecutorial effortsof counties. Cases wholly financed or reimbursed under any other state orfederal program including, but not limited to, the Asset ForfeitureProgram (Section 11489), the Major Narcotic Vendors Prosecution Law(Section 13881 of the Penal Code), or the California Career CriminalApprehension Program (Section 13851 of the Penal Code), shall not beentitled to reimbursement under this subdivision. (b) To the extent moneys are available therefor, the Controller,in accordance with criteria and procedures which shall be adopted bythe Department of Justice, may reimburse counties with a populationunder 1,750,000 for law enforcement personnel expenses, not exceedingten thousand dollars ($10,000) per case, incurred in theinvestigation of violations, attempts to violate, or conspiracies toviolate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383initiated after January 1, 1987. All funds allocated to a countyunder this subdivision shall be distributed by it only to its lawenforcement agency to be used solely for investigation and detectionof these offenses. Funds distributed under this subdivision shall notbe used to supplant any local funds that would, in the absence ofthis subdivision, be made available to support the law enforcementefforts of counties. Cases financed or reimbursed under any otherstate or federal program, including, but not limited to, the AssetForfeiture Program, (Section 11489), the California Career CriminalApprehension Program (Section 13851 of the Penal Code), or thefederal Asset Forfeiture Program (21 U.S.C. Sec. 881), shall not beentitled to reimbursement under this subdivision. (c) (1) To the extent moneys are available therefor, theController, in accordance with criteria and procedures which shall beadopted by the Department of Justice, may reimburse counties with apopulation under 1,750,000 for costs incurred by, or at the directionof, state or local law enforcement agencies to remove and dispose ofor store toxic waste from the sites of laboratories used for theunlawful manufacture of a controlled substance. (2) The local law enforcement agency or Department of Justiceshall notify the local health officer within 24 hours of the seizureof a laboratory used for the unlawful manufacture of a controlledsubstance. The local health officer shall either: (A) Make a determination as to whether the site poses an immediatethreat to public health and safety, and if so, shall undertakeimmediate corrective action. (B) Notify the State Department of Health Services. As used in this section, "counties" includes any city within acounty with a population of less than 1,750,000. The Department of Justice may adopt emergency regulationsconsistent with this section and the Administrative Procedure Act.11643.  To the extent moneys are available therefor, the Bureau ofNarcotic Enforcement in the Department of Justice shall do thefollowing: (a) In cooperation with the Commission on Peace Officer Standardsand Training provide advanced training to state and local lawenforcement personnel on the unique skills, such as detection andidentification of chemical substances, and safety precautions, suchas safe handling, storage, and disposal of toxic substances,necessary to investigate clandestine laboratories illegallymanufacturing controlled substances. (b) Make safety equipment, such as protective clothing andbreathing apparatus, available to local law enforcement officials, asneeded, on a case-by-case basis in connection with investigation andabatement of laboratories illegally manufacturing controlledsubstances. (c) Establish enhanced enforcement teams assigned to theinvestigation of clandestine laboratories illegally manufacturingcontrolled substances, particularly targeting cabals operating inmultiple local jurisdictions. These teams shall include specialagents trained in investigating clandestine laboratories,criminalists to analyze the chemicals involved, auditors to conductfinancial investigations and initiate forfeiture proceedings pursuantto Chapter 8 (commencing with Section 11470) where warranted, andanalysts to monitor the overall pattern and network of theseclandestine laboratories across the state, to develop further cases,and to target law enforcement efforts where needed.11644.  To the extent moneys are available therefor, the CrimePrevention Center of the Department of Justice shall prepare anddisseminate informational materials on the unique dangers posed byclandestine laboratories and the controlled substances they produce.The Crime Prevention Center shall increase public awareness in areassuch as the health dangers created by the laboratories themselves,including how to identify and report them, and the unusual effectsand dangers of synthetic substances such as analogs of fentanyl,MPPP, phencyclidine, and methamphetamines.11646.  The Attorney General shall adopt rules and regulations forthe administration and enforcement of this chapter.11647.  (a) The Crank-Up Task Force Program is hereby created withinthe Department of Justice as part of the Clandestine LaboratoryEnforcement Program with responsibility for establishing, conducting,supporting, and coordinating crank-up task forces composed of stateand local law enforcement agencies targeting the investigation,seizure, and cleanup of clandestine laboratories used to manufacturemethamphetamine. (b) The department shall coordinate all investigations undertakenby task forces operating under the Crank-Up Task Force Program withall local agencies having law enforcement responsibilities within thejurisdictions involved. The department also shall solicitparticipation by appropriate federal agencies with task forceinvestigations whenever possible. The department's Bureau of Narcotic Enforcement, Bureau ofForensic Services, and Bureau of Investigations shall providestaffing and logistical support for the crank-up task forces,supplying special agents, criminal intelligence analysts, forensicexperts, financial auditors, equipment, and funding to the taskforces as needed. (c) Local law enforcement agencies participating in the Crank-UpTask Force Program shall be reimbursed by the department forpersonnel overtime costs and equipment or supplies required for taskforce activities.