Treatment court program standards.

Plain English Breakdown

The official source material does not provide information on funding for the new requirements.

Treatment Court Program Standards

The bill requires treatment court programs to be available for all eligible defendants in California and includes new standards for these programs.

What This Bill Does

• Makes treatment court programs available to all eligible defendants in California.
• Requires a drug addiction expert to evaluate the substance abuse and mental health of defendants and report findings to the court.
• Removes the requirement for the Judicial Council to revise judicial administration standards by January 1, 2026.
• Ensures that treatment programs comply with existing judicial standards for those eligible under Proposition 36.

Who It Names or Affects

• Defendants in California who are eligible for treatment court programs.
• Courts and county alcohol and drug program administrators responsible for implementing these programs.

Terms To Know

Drug addiction expert

A professional who evaluates substance abuse and mental health issues of defendants in treatment court programs.

Proposition 36

An initiative that allows certain defendants to participate in a treatment program instead of jail or prison time if they meet specific criteria.

Limits and Unknowns

• The bill does not specify how the new requirements will be funded.
• It is unclear what changes, if any, will occur after January 1, 2026, when the Judicial Council was previously required to revise standards.
• The effectiveness of expanding treatment court programs to all eligible defendants remains uncertain.

Official Summary Text

SB 28, as amended, Umberg.
Treatment court program standards.
Existing law, the Drug Court Programs Act, authorizes counties to implement a drug court program, that, if implemented, requires a county alcohol and drug program administrator and the presiding judge in the county to develop a plan that includes, among other things, drug courts for juvenile offenders and drug courts for parents of children in certain family law cases. Existing law requires counties and courts that opt to have treatment court programs to design and operate the programs in accordance with state and national guidelines. Existing law requires the Judicial Council to, by no later than January 1, 2026, revise the standards of judicial administration to reflect state and nationally recognized best practices and guidelines for collaborative programs including those described in these provisions.
Existing law, the Treatment-Mandated
Felony Act, an initiative measure enacted by the voters as Proposition 36 at the November 5, 2024, statewide general election, authorizes certain defendants convicted of specified felonies or misdemeanors to participate in a treatment program, upon court approval, in lieu of a jail or prison sentence, or grant of probation with jail as a condition of probation, if specified criteria are met. The Legislature may amend this initiative by a statute passed in each house by a rollcall vote entered in the journal,
2
/
3
of the membership concurring, or by a statute that becomes effective only when approved by the voters.
This bill
would instead require that treatment court programs be available to all eligible California defendants. The bill
would include a new standard that, as part of the
treatment court program, a drug addiction expert, as defined, conducts a substance abuse and mental health evaluation of the defendant, and submits the report to the court and the parties. The bill would remove the requirement that the Judicial Council revise the standards of judicial administration. The bill would require that a treatment program that complies with existing judicial standards be offered to a person that is eligible for treatment pursuant to the Treatment-Mandated Felony Act. By requiring the court to implement a treatment program that complies with existing judicial standards, the bill would amend that initiative statute.
This bill would declare that it is to take effect immediately as an urgency statute.

Current Bill Text

Download Bill PDF