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SB-38 • 2026

Second Chance Program.

Second Chance Program.

Budget Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Umberg
Last action
2026-02-02
Official status
Returned to Secretary of Senate pursuant to Joint Rule 56.
Effective date
Not listed

Plain English Breakdown

The candidate explanation included some speculative claims about the bill's effects that were not supported in the official source material.

Second Chance Program

This law expands the Second Chance Program to include mental health and behavioral health services, drug courts, and collaborative court programs.

What This Bill Does

  • Expands the Second Chance grant program to allow proposals that offer mental health or behavioral health services, drug courts, and collaborative court programs.
  • Includes the treatment program under the Treatment-Mandated Felony Act as part of the eligible proposals under the Second Chance Program.
  • Prohibits specifying percentage allocations for different types of programs when awarding grants.

Who It Names or Affects

  • People in the criminal justice system who need mental health or behavioral health services, drug court programs, and collaborative court programs.
  • The Board of State and Community Corrections which administers the grant program.

Terms To Know

Second Chance Program
A program that provides support for mental health treatment, substance use treatment, and diversion programs for people in the criminal justice system.
Treatment-Mandated Felony Act
An act that allows defendants charged with certain drug offenses to choose treatment instead of jail time if they meet specific conditions.

Limits and Unknowns

  • The bill does not specify how much money will be allocated for the expanded programs.
  • It is unclear when this law will take effect since there is no effective date listed.

Bill History

  1. 2026-02-02 California Legislative Information

    Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. 2025-05-23 California Legislative Information

    May 23 hearing: Held in committee and under submission.

  3. 2025-05-16 California Legislative Information

    Set for hearing May 23.

  4. 2025-04-28 California Legislative Information

    April 28 hearing: Placed on APPR. suspense file.

  5. 2025-04-17 California Legislative Information

    Set for hearing April 28.

  6. 2025-04-09 California Legislative Information

    Read second time and amended. Re-referred to Com. on APPR.

  7. 2025-04-08 California Legislative Information

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 708.) (April 8).

  8. 2025-03-27 California Legislative Information

    Set for hearing April 8.

  9. 2025-02-14 California Legislative Information

    Re-referred to Com. on PUB. S.

  10. 2025-02-05 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  11. 2025-01-29 California Legislative Information

    Referred to Com. on RLS.

  12. 2025-01-06 California Legislative Information

    Read first time.

  13. 2024-12-04 California Legislative Information

    From printer. May be acted upon on or after January 3.

  14. 2024-12-03 California Legislative Information

    Introduced. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 38, as amended, Umberg.
Second Chance Program.
Existing law establishes the Second Chance Program to support mental health treatment, substance use treatment, and diversion programs for persons in the criminal justice system with an emphasis on programs that reduce recidivism of persons convicted of less serious crimes and persons who have substance use and mental health problems. Existing law requires the Board of State and Community Corrections to administer a grant program to carry out the purposes of the Second Chance Program. Existing law requires the grant program to, among other things, restrict eligibility to proposals that offer mental health services, substance use disorder treatment services, misdemeanor diversion programs, or a combination thereof. Existing law also establishes the Second Chance Fund, a continuously appropriated fund, which is administered by the board.
Existing law, the Treatment-Mandated Felony Act, makes it a crime for a person, who has 2 or more prior convictions for a felony or misdemeanor violation of specified controlled substances crimes, to possess a hard drug, as defined, unless it has been prescribed by a doctor, among others. Under existing law, a defendant who has been charged with this crime can elect treatment, in lieu of a jail or prison sentence or probation, by pleading guilty or no contest and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court.
This bill would require the Second Chance grant program to authorize eligibility for proposals that offer mental health or behavioral health services and drug court or collaborative court programs, including the treatment program
under the Treatment-Mandated Felony Act.
The bill would prohibit the program from specifying percentage allocations in applying for, or awarding, a grant.
By expanding the purpose of a continuously appropriated fund, this bill would make an appropriation.

Current Bill Text

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