Section 11373 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11373
. (a) Whenever any person who is otherwise eligible for
probation is granted probation by the trial court after conviction
for a violation of any controlled substance offense under this
division, the trial court shall, as a condition of probation, order
that person to secure education or treatment from a local community
agency designated by the court, if the service is available and the
person is likely to benefit from the service.
If the defendant is a minor, the trial court shall also order his
or her parents or guardian to participate in the education or
treatment to the extent the court determines that participation will
aid the education or treatment of the minor.
If a minor is found by a juvenile court to have been in possession
of any controlled substance, in addition to any other order it may
make, the juvenile court shall order the minor to receive education
or treatment from a local community agency designated by the court,
if the service is available and the person is likely to benefit from
the service, and it shall also order his or her parents or guardian
to participate in the education or treatment to the extent the court
determines that participation will aid the education or treatment of
the minor.
(b) The willful failure to complete a court ordered education or
treatment program shall be a circumstance in aggravation for purposes
of sentencing for any subsequent prosecution for a violation of
Section 11353, 11354, or 11380. The failure to complete an education
or treatment program because of the person's inability to pay the
costs of the program or because of the unavailability to the
defendant of appropriate programs is not a willful failure to
complete the program.