11380.7
. (a) Notwithstanding any other provision of law, any person
who is convicted of trafficking in heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine (PCP), or of a conspiracy to commit
trafficking in heroin, cocaine, cocaine base, methamphetamine, or
phencyclidine (PCP), in addition to the punishment imposed for the
conviction, shall be imprisoned pursuant to subdivision (h) of
Section 1170 of the Penal Code for an additional one year if the
violation occurred upon the grounds of, or within 1,000 feet of, a
drug treatment center, detoxification facility, or homeless shelter.
(b) (1) The additional punishment provided in this section shall
not be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
(2) The additional punishment provided in this section shall not
be imposed if any other additional punishment is imposed pursuant to
Section 11353.1, 11353.5, 11353.6, 11353.7, or 11380.1.
(c) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment. In determining whether or not to
strike the additional punishment, the court shall consider the
following factors and any relevant factors in aggravation or
mitigation in Rules 4.421 and 4.423 of the California Rules of Court.
(1) The following factors indicate that the court should exercise
its discretion to strike the additional punishment unless these
factors are outweighed by factors in aggravation:
(A) The defendant is homeless, or is in a homeless shelter or
transitional housing.
(B) The defendant lacks resources for the necessities of life.
(C) The defendant is addicted to or dependent on controlled
substances.
(D) The defendant's motive was merely to maintain a steady supply
of drugs for personal use.
(E) The defendant was recruited or exploited by a more culpable
person to commit the crime.
(2) The following factors indicate that the court should not
exercise discretion to strike the additional punishment unless these
factors are outweighed by factors in mitigation:
(A) The defendant, in committing the crime, preyed on homeless
persons, drug addicts or substance abusers who were seeking
treatment, shelter or transitional services.
(B) The defendant's primary motive was monetary compensation.
(C) The defendant induced others, particularly homeless persons,
drug addicts and substance abusers, to become involved in
trafficking.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Detoxification facility" means any premises, place, or
building in which 24-hour residential nonmedical services are
provided to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
(2) "Drug treatment program" or "drug treatment" has the same
meaning set forth in subdivision (b) of Section 1210 of the Penal
Code.
(3) "Homeless shelter" includes, but is not limited to, emergency
shelter housing, as well as transitional housing, but does not
include domestic violence shelters. "Emergency shelter housing" is
housing with minimal support services for homeless persons in which
residency is limited to six months or less and is not related to the
person's ability to pay. "Transitional housing" means housing with
supportive services, including self-sufficiency development services,
which is exclusively designed and targeted to help recently homeless
persons find permanent housing as soon as reasonably possible,
limits residency to 24 months, and in which rent and service fees are
based on ability to pay.
(4) "Trafficking" means any of the unlawful activities specified
in Sections 11351, 11351.5, 11352, 11353, 11354, 11378, 11379,
11379.6, and 11380. It does not include simple possession or drug
use.