11640. The Legislature finds and declares that there has been a
recent and rapid expansion in clandestine laboratories illegally
producing a variety of controlled substances. These are increasingly
sophisticated operations, frequently located in rural areas or
working across jurisdictional lines, which pose substantial dangers
to the general public from fire, explosion, and the toxic chemicals
involved. The controlled substances these laboratories produce, such
as analogs of fentanyl, phencyclidine, and methamphetamine, are
extremely difficult to detect and analyze and have caused numerous
deaths and serious injuries to those who use them.
The Legislature further finds and declares that, given the number
and nature of clandestine laboratories, local law enforcement
officials in most jurisdictions lack the training, specialized
equipment, and resources to adequately enforce existing law. As a
result, the public is increasingly endangered by the laboratories
themselves while the controlled substances they produce pose a grave
danger to those who use them.
It is the intent of the Legislature in establishing the
Clandestine Laboratory Enforcement Program to provide increased
funding for special training, equipment, personnel, and financial
assistance to state and local law enforcement officials targeted on
the investigation and prosecution of clandestine laboratories. The
program shall also increase public awareness of the problems posed by
clandestine laboratories and the products they produce.
11641. The Department of Justice shall establish a Clandestine
Laboratory Enforcement Program to assist state and local law
enforcement and prosecutorial agencies in apprehending and
prosecuting persons involved in the unlawful manufacture of
controlled substances.
11642. (a) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population 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-five
thousand dollars ($25,000) for each prosecution or joint prosecution
assisted. All funds allocated to a county under this subdivision
shall be distributed by it only to its prosecutorial agency, to be
used solely for investigation and prosecution of these offenses.
Funds distributed under this subdivision shall not be used to
supplant any local funds that would, in the absence of this
subdivision, be made available to support the prosecutorial efforts
of counties.
Cases wholly financed or reimbursed under any other state or
federal program including, but not limited to, the Asset Forfeiture
Program (Section 11489), the Major Narcotic Vendors Prosecution Law
(Section 13881 of the Penal Code), or the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), shall not be
entitled 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 by
the Department of Justice, may reimburse counties with a population
under 1,750,000 for law enforcement personnel expenses, not exceeding
ten thousand dollars ($10,000) per case, incurred in the
investigation of violations, attempts to violate, or conspiracies to
violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383
initiated after January 1, 1987. All funds allocated to a county
under this subdivision shall be distributed by it only to its law
enforcement agency to be used solely for investigation and detection
of these offenses. Funds distributed under this subdivision shall not
be used to supplant any local funds that would, in the absence of
this subdivision, be made available to support the law enforcement
efforts of counties. Cases financed or reimbursed under any other
state or federal program, including, but not limited to, the Asset
Forfeiture Program, (Section 11489), the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), or the
federal Asset Forfeiture Program (21 U.S.C. Sec. 881), shall not be
entitled to reimbursement under this subdivision.
(c) (1) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population under 1,750,000 for costs incurred by, or at the direction
of, state or local law enforcement agencies to remove and dispose of
or store toxic waste from the sites of laboratories used for the
unlawful manufacture of a controlled substance.
(2) The local law enforcement agency or Department of Justice
shall notify the local health officer within 24 hours of the seizure
of a laboratory used for the unlawful manufacture of a controlled
substance. The local health officer shall either:
(A) Make a determination as to whether the site poses an immediate
threat to public health and safety, and if so, shall undertake
immediate corrective action.
(B) Notify the State Department of Health Services.
As used in this section, "counties" includes any city within a
county with a population of less than 1,750,000.
The Department of Justice may adopt emergency regulations
consistent with this section and the Administrative Procedure Act.
11643. To the extent moneys are available therefor, the Bureau of
Narcotic Enforcement in the Department of Justice shall do the
following:
(a) In cooperation with the Commission on Peace Officer Standards
and Training provide advanced training to state and local law
enforcement personnel on the unique skills, such as detection and
identification of chemical substances, and safety precautions, such
as safe handling, storage, and disposal of toxic substances,
necessary to investigate clandestine laboratories illegally
manufacturing controlled substances.
(b) Make safety equipment, such as protective clothing and
breathing apparatus, available to local law enforcement officials, as
needed, on a case-by-case basis in connection with investigation and
abatement of laboratories illegally manufacturing controlled
substances.
(c) Establish enhanced enforcement teams assigned to the
investigation of clandestine laboratories illegally manufacturing
controlled substances, particularly targeting cabals operating in
multiple local jurisdictions. These teams shall include special
agents trained in investigating clandestine laboratories,
criminalists to analyze the chemicals involved, auditors to conduct
financial investigations and initiate forfeiture proceedings pursuant
to Chapter 8 (commencing with Section 11470) where warranted, and
analysts to monitor the overall pattern and network of these
clandestine 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 Crime
Prevention Center of the Department of Justice shall prepare and
disseminate informational materials on the unique dangers posed by
clandestine laboratories and the controlled substances they produce.
The Crime Prevention Center shall increase public awareness in areas
such as the health dangers created by the laboratories themselves,
including how to identify and report them, and the unusual effects
and dangers of synthetic substances such as analogs of fentanyl,
MPPP, phencyclidine, and methamphetamines.
11646. The Attorney General shall adopt rules and regulations for
the administration and enforcement of this chapter.
11647. (a) The Crank-Up Task Force Program is hereby created within
the Department of Justice as part of the Clandestine Laboratory
Enforcement Program with responsibility for establishing, conducting,
supporting, and coordinating crank-up task forces composed of state
and local law enforcement agencies targeting the investigation,
seizure, and cleanup of clandestine laboratories used to manufacture
methamphetamine.
(b) The department shall coordinate all investigations undertaken
by task forces operating under the Crank-Up Task Force Program with
all local agencies having law enforcement responsibilities within the
jurisdictions involved. The department also shall solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
The department's Bureau of Narcotic Enforcement, Bureau of
Forensic Services, and Bureau of Investigations shall provide
staffing and logistical support for the crank-up task forces,
supplying special agents, criminal intelligence analysts, forensic
experts, financial auditors, equipment, and funding to the task
forces as needed.
(c) Local law enforcement agencies participating in the Crank-Up
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
11640. The Legislature finds and declares that there has been a
recent and rapid expansion in clandestine laboratories illegally
producing a variety of controlled substances. These are increasingly
sophisticated operations, frequently located in rural areas or
working across jurisdictional lines, which pose substantial dangers
to the general public from fire, explosion, and the toxic chemicals
involved. The controlled substances these laboratories produce, such
as analogs of fentanyl, phencyclidine, and methamphetamine, are
extremely difficult to detect and analyze and have caused numerous
deaths and serious injuries to those who use them.
The Legislature further finds and declares that, given the number
and nature of clandestine laboratories, local law enforcement
officials in most jurisdictions lack the training, specialized
equipment, and resources to adequately enforce existing law. As a
result, the public is increasingly endangered by the laboratories
themselves while the controlled substances they produce pose a grave
danger to those who use them.
It is the intent of the Legislature in establishing the
Clandestine Laboratory Enforcement Program to provide increased
funding for special training, equipment, personnel, and financial
assistance to state and local law enforcement officials targeted on
the investigation and prosecution of clandestine laboratories. The
program shall also increase public awareness of the problems posed by
clandestine laboratories and the products they produce.
11641. The Department of Justice shall establish a Clandestine
Laboratory Enforcement Program to assist state and local law
enforcement and prosecutorial agencies in apprehending and
prosecuting persons involved in the unlawful manufacture of
controlled substances.
11642. (a) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population 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-five
thousand dollars ($25,000) for each prosecution or joint prosecution
assisted. All funds allocated to a county under this subdivision
shall be distributed by it only to its prosecutorial agency, to be
used solely for investigation and prosecution of these offenses.
Funds distributed under this subdivision shall not be used to
supplant any local funds that would, in the absence of this
subdivision, be made available to support the prosecutorial efforts
of counties.
Cases wholly financed or reimbursed under any other state or
federal program including, but not limited to, the Asset Forfeiture
Program (Section 11489), the Major Narcotic Vendors Prosecution Law
(Section 13881 of the Penal Code), or the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), shall not be
entitled 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 by
the Department of Justice, may reimburse counties with a population
under 1,750,000 for law enforcement personnel expenses, not exceeding
ten thousand dollars ($10,000) per case, incurred in the
investigation of violations, attempts to violate, or conspiracies to
violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383
initiated after January 1, 1987. All funds allocated to a county
under this subdivision shall be distributed by it only to its law
enforcement agency to be used solely for investigation and detection
of these offenses. Funds distributed under this subdivision shall not
be used to supplant any local funds that would, in the absence of
this subdivision, be made available to support the law enforcement
efforts of counties. Cases financed or reimbursed under any other
state or federal program, including, but not limited to, the Asset
Forfeiture Program, (Section 11489), the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), or the
federal Asset Forfeiture Program (21 U.S.C. Sec. 881), shall not be
entitled to reimbursement under this subdivision.
(c) (1) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population under 1,750,000 for costs incurred by, or at the direction
of, state or local law enforcement agencies to remove and dispose of
or store toxic waste from the sites of laboratories used for the
unlawful manufacture of a controlled substance.
(2) The local law enforcement agency or Department of Justice
shall notify the local health officer within 24 hours of the seizure
of a laboratory used for the unlawful manufacture of a controlled
substance. The local health officer shall either:
(A) Make a determination as to whether the site poses an immediate
threat to public health and safety, and if so, shall undertake
immediate corrective action.
(B) Notify the State Department of Health Services.
As used in this section, "counties" includes any city within a
county with a population of less than 1,750,000.
The Department of Justice may adopt emergency regulations
consistent with this section and the Administrative Procedure Act.
11643. To the extent moneys are available therefor, the Bureau of
Narcotic Enforcement in the Department of Justice shall do the
following:
(a) In cooperation with the Commission on Peace Officer Standards
and Training provide advanced training to state and local law
enforcement personnel on the unique skills, such as detection and
identification of chemical substances, and safety precautions, such
as safe handling, storage, and disposal of toxic substances,
necessary to investigate clandestine laboratories illegally
manufacturing controlled substances.
(b) Make safety equipment, such as protective clothing and
breathing apparatus, available to local law enforcement officials, as
needed, on a case-by-case basis in connection with investigation and
abatement of laboratories illegally manufacturing controlled
substances.
(c) Establish enhanced enforcement teams assigned to the
investigation of clandestine laboratories illegally manufacturing
controlled substances, particularly targeting cabals operating in
multiple local jurisdictions. These teams shall include special
agents trained in investigating clandestine laboratories,
criminalists to analyze the chemicals involved, auditors to conduct
financial investigations and initiate forfeiture proceedings pursuant
to Chapter 8 (commencing with Section 11470) where warranted, and
analysts to monitor the overall pattern and network of these
clandestine 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 Crime
Prevention Center of the Department of Justice shall prepare and
disseminate informational materials on the unique dangers posed by
clandestine laboratories and the controlled substances they produce.
The Crime Prevention Center shall increase public awareness in areas
such as the health dangers created by the laboratories themselves,
including how to identify and report them, and the unusual effects
and dangers of synthetic substances such as analogs of fentanyl,
MPPP, phencyclidine, and methamphetamines.
11646. The Attorney General shall adopt rules and regulations for
the administration and enforcement of this chapter.
11647. (a) The Crank-Up Task Force Program is hereby created within
the Department of Justice as part of the Clandestine Laboratory
Enforcement Program with responsibility for establishing, conducting,
supporting, and coordinating crank-up task forces composed of state
and local law enforcement agencies targeting the investigation,
seizure, and cleanup of clandestine laboratories used to manufacture
methamphetamine.
(b) The department shall coordinate all investigations undertaken
by task forces operating under the Crank-Up Task Force Program with
all local agencies having law enforcement responsibilities within the
jurisdictions involved. The department also shall solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
The department's Bureau of Narcotic Enforcement, Bureau of
Forensic Services, and Bureau of Investigations shall provide
staffing and logistical support for the crank-up task forces,
supplying special agents, criminal intelligence analysts, forensic
experts, financial auditors, equipment, and funding to the task
forces as needed.
(c) Local law enforcement agencies participating in the Crank-Up
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
11640. The Legislature finds and declares that there has been a
recent and rapid expansion in clandestine laboratories illegally
producing a variety of controlled substances. These are increasingly
sophisticated operations, frequently located in rural areas or
working across jurisdictional lines, which pose substantial dangers
to the general public from fire, explosion, and the toxic chemicals
involved. The controlled substances these laboratories produce, such
as analogs of fentanyl, phencyclidine, and methamphetamine, are
extremely difficult to detect and analyze and have caused numerous
deaths and serious injuries to those who use them.
The Legislature further finds and declares that, given the number
and nature of clandestine laboratories, local law enforcement
officials in most jurisdictions lack the training, specialized
equipment, and resources to adequately enforce existing law. As a
result, the public is increasingly endangered by the laboratories
themselves while the controlled substances they produce pose a grave
danger to those who use them.
It is the intent of the Legislature in establishing the
Clandestine Laboratory Enforcement Program to provide increased
funding for special training, equipment, personnel, and financial
assistance to state and local law enforcement officials targeted on
the investigation and prosecution of clandestine laboratories. The
program shall also increase public awareness of the problems posed by
clandestine laboratories and the products they produce.
11641. The Department of Justice shall establish a Clandestine
Laboratory Enforcement Program to assist state and local law
enforcement and prosecutorial agencies in apprehending and
prosecuting persons involved in the unlawful manufacture of
controlled substances.
11642. (a) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population 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-five
thousand dollars ($25,000) for each prosecution or joint prosecution
assisted. All funds allocated to a county under this subdivision
shall be distributed by it only to its prosecutorial agency, to be
used solely for investigation and prosecution of these offenses.
Funds distributed under this subdivision shall not be used to
supplant any local funds that would, in the absence of this
subdivision, be made available to support the prosecutorial efforts
of counties.
Cases wholly financed or reimbursed under any other state or
federal program including, but not limited to, the Asset Forfeiture
Program (Section 11489), the Major Narcotic Vendors Prosecution Law
(Section 13881 of the Penal Code), or the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), shall not be
entitled 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 by
the Department of Justice, may reimburse counties with a population
under 1,750,000 for law enforcement personnel expenses, not exceeding
ten thousand dollars ($10,000) per case, incurred in the
investigation of violations, attempts to violate, or conspiracies to
violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383
initiated after January 1, 1987. All funds allocated to a county
under this subdivision shall be distributed by it only to its law
enforcement agency to be used solely for investigation and detection
of these offenses. Funds distributed under this subdivision shall not
be used to supplant any local funds that would, in the absence of
this subdivision, be made available to support the law enforcement
efforts of counties. Cases financed or reimbursed under any other
state or federal program, including, but not limited to, the Asset
Forfeiture Program, (Section 11489), the California Career Criminal
Apprehension Program (Section 13851 of the Penal Code), or the
federal Asset Forfeiture Program (21 U.S.C. Sec. 881), shall not be
entitled to reimbursement under this subdivision.
(c) (1) To the extent moneys are available therefor, the
Controller, in accordance with criteria and procedures which shall be
adopted by the Department of Justice, may reimburse counties with a
population under 1,750,000 for costs incurred by, or at the direction
of, state or local law enforcement agencies to remove and dispose of
or store toxic waste from the sites of laboratories used for the
unlawful manufacture of a controlled substance.
(2) The local law enforcement agency or Department of Justice
shall notify the local health officer within 24 hours of the seizure
of a laboratory used for the unlawful manufacture of a controlled
substance. The local health officer shall either:
(A) Make a determination as to whether the site poses an immediate
threat to public health and safety, and if so, shall undertake
immediate corrective action.
(B) Notify the State Department of Health Services.
As used in this section, "counties" includes any city within a
county with a population of less than 1,750,000.
The Department of Justice may adopt emergency regulations
consistent with this section and the Administrative Procedure Act.
11643. To the extent moneys are available therefor, the Bureau of
Narcotic Enforcement in the Department of Justice shall do the
following:
(a) In cooperation with the Commission on Peace Officer Standards
and Training provide advanced training to state and local law
enforcement personnel on the unique skills, such as detection and
identification of chemical substances, and safety precautions, such
as safe handling, storage, and disposal of toxic substances,
necessary to investigate clandestine laboratories illegally
manufacturing controlled substances.
(b) Make safety equipment, such as protective clothing and
breathing apparatus, available to local law enforcement officials, as
needed, on a case-by-case basis in connection with investigation and
abatement of laboratories illegally manufacturing controlled
substances.
(c) Establish enhanced enforcement teams assigned to the
investigation of clandestine laboratories illegally manufacturing
controlled substances, particularly targeting cabals operating in
multiple local jurisdictions. These teams shall include special
agents trained in investigating clandestine laboratories,
criminalists to analyze the chemicals involved, auditors to conduct
financial investigations and initiate forfeiture proceedings pursuant
to Chapter 8 (commencing with Section 11470) where warranted, and
analysts to monitor the overall pattern and network of these
clandestine 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 Crime
Prevention Center of the Department of Justice shall prepare and
disseminate informational materials on the unique dangers posed by
clandestine laboratories and the controlled substances they produce.
The Crime Prevention Center shall increase public awareness in areas
such as the health dangers created by the laboratories themselves,
including how to identify and report them, and the unusual effects
and dangers of synthetic substances such as analogs of fentanyl,
MPPP, phencyclidine, and methamphetamines.
11646. The Attorney General shall adopt rules and regulations for
the administration and enforcement of this chapter.
11647. (a) The Crank-Up Task Force Program is hereby created within
the Department of Justice as part of the Clandestine Laboratory
Enforcement Program with responsibility for establishing, conducting,
supporting, and coordinating crank-up task forces composed of state
and local law enforcement agencies targeting the investigation,
seizure, and cleanup of clandestine laboratories used to manufacture
methamphetamine.
(b) The department shall coordinate all investigations undertaken
by task forces operating under the Crank-Up Task Force Program with
all local agencies having law enforcement responsibilities within the
jurisdictions involved. The department also shall solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
The department's Bureau of Narcotic Enforcement, Bureau of
Forensic Services, and Bureau of Investigations shall provide
staffing and logistical support for the crank-up task forces,
supplying special agents, criminal intelligence analysts, forensic
experts, financial auditors, equipment, and funding to the task
forces as needed.
(c) Local law enforcement agencies participating in the Crank-Up
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
