SECTIONS 11970.1-11970.35

11970.1.  (a) This article shall be known and may be cited as theComprehensive Drug Court Implementation Act of 1999. (b) This article shall be administered by the State Department ofAlcohol and Drug Programs. (c) The department and the Judicial Council shall design andimplement this article through the Drug Court Partnership ExecutiveSteering Committee established under the Drug Court Partnership Actof 1998 pursuant to Section 11970, for the purpose of fundingcost-effective local drug court systems for adults, juveniles, andparents of children who are detained by, or are dependents of, thejuvenile court.11970.2.  (a) A county alcohol and drug program administrator andthe presiding judge in the county shall develop and submit acomprehensive multiagency drug court plan for implementingcost-effective local drug court systems for adults, juveniles, andparents of children who are detained by, or are dependents of, thejuvenile court to be eligible for funding under this chapter. Theplan shall do all of the following: (1) Describe existing programs that serve substance abusingadults, juveniles, and parents of children who are detained by, orare dependents of, the juvenile court. (2) Provide a local action plan for implementing cost-effectivedrug court systems, including any or all of the following drug courtsystems: (A) Drug courts operating pursuant to Sections 1000 to 1000.5,inclusive, of the Penal Code. (B) Drug courts for juvenile offenders. (C) Drug courts for parents of children who are detained by, orare dependents of, the juvenile court. (D) Drug courts for parents of children in family law casesinvolving custody and visitation issues. (E) Other drug court systems that are approved by the Drug CourtPartnership Executive Steering Committee. (3) Develop information-sharing systems to ensure that countyactions are fully coordinated, and to provide data for measuring thesuccess of the local action plan in achieving its goals. (4) Identify outcome measures that will determine the costeffectiveness of the local action plan. (b) (1) Except as provided in paragraph (4), the department, incollaboration with the Judicial Council, shall distribute funds toeligible counties using the two thousand five hundred dollars($2,500) per million/remainder per capita methodology, subject toappropriation in the Budget Act. Funding shall be used to supplement,rather than supplant, existing programs. Funding for counties thatopt not to participate in the program shall be distributed on a percapita basis to participating counties. (2) Funds distributed to counties shall be used for programs thatare identified in the local plan. Acceptable uses may include, butare not limited to, any of the following: drug court coordinators,case management, training, drug testing, treatment, transportation,and other costs related to the implementation of the plan. (3) No funds shall be distributed unless the applicant makesavailable resources in an amount equal to at least 10 percent of theamount of the funds distributed in years one and two, and 20 percentof the amount of the funds distributed in years three, four, andfive. (4) Subject to an appropriation by the Budget Act for this purposein the 2004-05 fiscal year, and for any subsequent fiscal year forwhich an appropriation has been provided, the department shallprovide a supplemental allocation of funding for the planning orexpansion of new or existing dependency drug court programs inselected counties. The department, in collaboration with the JudicialCouncil and with input from the State Department of Social Services,shall select counties for this supplemental allocation of funds fordependency drug courts on the basis of a determination, in itsdiscretion, that a selected county is prepared to implement or expanda dependency drug court or to engage in planning for the developmentof court systems and has a good record of complying with programrules in the past. The department may prioritize funding allocationsfor a county that has included a dependency drug court proposal inits system improvement plan for child welfare services. Any countythat is selected for and accepts a supplemental allocation ofdependency court funds shall, pursuant to this paragraph, agree notto use state funds to supplant any existing resources now used bythat county for a dependency drug court. The department, incollaboration with the Judicial Council and with input from the StateDepartment of Social Services, shall adopt appropriate datacollection and reporting requirements to measure program outcomes andcost-effectiveness, including the amount of foster care savingsrealized. (c) The department, with concurrence from the Judicial Council,shall establish minimum standards, funding schedules, and proceduresfor funding programs. (d) The department, in collaboration with the Judicial Council,shall create an evaluation design for the Comprehensive Drug CourtImplementation Act of 1999, that will assess the effectiveness of theprogram. The department, together with the Judicial Council, shalldevelop an interim report to be submitted to the Legislature on orbefore March 1, 2004, and a final analysis of the program in a reportto be submitted to the Legislature on or before March 1, 2005.11970.2.  (a) It is the intent of the Legislature that dependencydrug courts be funded unless an evaluation of cost avoidance asprovided in this section with respect to child welfare services andfoster care demonstrates that the program is not cost-effective. (b) The State Department of Social Services, in collaboration withthe State Department of Alcohol and Drug Programs and the JudicialCouncil, shall conduct an evaluation of cost avoidance with respectto child welfare services and foster care pursuant to this section.These parties shall do all of the following: (1) Consult with legislative staff and at least one representativeof an existing dependency drug court program who has experienceconducting an evaluation of cost avoidance, to clarify the elementsto be reviewed. (2) Identify requirements, such as specific measures of costsavings and data to be evaluated, and methodology for use of controlcases for comparison data. (3) Whenever possible, use existing evaluation case samples togather the necessary additional data. (c) The State Department of Social Services, along with the StateDepartment of Alcohol and Drug Programs and Judicial Council, shallprovide a report to the Legislature on the outcomes of dependencydrug court programs and the amount of savings realized in foster careout-of-home placement and child welfare services during budgethearings for the 2006-07 budget.11970.3.  (a) It is the intent of the Legislature that this chapterbe funded by an appropriation in the annual Budget Act. (b) Up to 5 percent of the amount appropriated by the annualBudget Act is available to the department and the Judicial Council toadminister the program, including technical assistance to countiesand development of an evaluation component.11970.35.  (a) Any funding provided for this chapter in the 2003Budget Act, and in subsequent fiscal years, shall be allocated, tocounties that participated, in this program during the 2002-03 fiscalyear in accordance with this section. (b) A county may use funds, described in subdivision (a) tosupport drug courts serving adult offenders, subject to both of thefollowing conditions: (1) Any increased funding provided in the 2003 Budget Act thatexceeds the funding level provided in the 2002 Budget Act shall beused exclusively to support drug courts that accept only defendantswho have been convicted of felonies and placed on formal probation,conditioned on their participation in the drug court program. Thesedrug courts shall operate in a manner that is consistent with theguidelines developed by the Drug Court Partnership Executive SteeringCommittee and approved by the department. (2) The amount of funds identified in the county's most recentlocal plan, as of May 20, 2003, as supporting drug courts describedin subparagraph (A) of paragraph (2) of subdivision (a) of Section11970.2 shall be used exclusively to support drug courts that acceptonly defendants who have been convicted of felonies and placed onformal probation, conditioned on their participation in the drugcourt program or for preplea drug courts that accept only felons whomay not be eligible for another treatment program, such as a programpursuant to Section 1210.1 of the Penal Code, if they fail tocomplete drug court. Both preplea and postplea courts shall operatein a manner that is consistent with guidelines developed by the DrugCourt Partnership Executive Steering Committee and approved by thedepartment. (c) The department shall transfer funds on a reimbursement basisto counties whose local plans are approved. No reimbursement shall bemade unless and until the drug court is in full and completecompliance with all the data reporting requirements of the departmentand the Judicial Council. (d) If funds are withheld for failure to comply with therequirements of this article for a period of more than six months,that county's funding shall be terminated and the remaining fundsshall be redistributed to the remaining participating counties forthe purpose of increasing the number of defendants participating ineach drug court program. Redistributed funds may only be used to funddrug courts serving adult offenders subject to the requirements ofsubdivision (b). (e) A county may choose to decline funding to support drug courtsserving adult offenders pursuant to subparagraph (A) of paragraph (2)of subdivision (a) of Section 11970.2, and may receive funding onlyfor drug courts described in subparagraphs (B), (C), (D), and (E) ofparagraph (2) of subdivision (a) of Section 11970.2, in the amountidentified in the county's most recent local plan, as of May 20,2003, as supporting those drug courts. Any funds not allocated as aresult of a county selecting the option under this subdivision shallbe reallocated to counties willing to receive and expend the fundsunder the conditions specified in subdivision (a).