3063.1
. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (d), parole shall not be suspended or
revoked for commission of a nonviolent drug possession offense or for
violating any drug-related condition of parole.
As an additional condition of parole for all such offenses or
violations, the Parole Authority shall require participation in and
completion of an appropriate drug treatment program. Vocational
training, family counseling and literacy training may be imposed as
additional parole conditions.
The Parole Authority may require any person on parole who commits
a nonviolent drug possession offense or violates any drug-related
condition of parole, and who is reasonably able to do so, to
contribute to the cost of his or her own placement in a drug
treatment program.
(b) Subdivision (a) does not apply to:
(1) Any parolee who has been convicted of one or more serious or
violent felonies in violation of subdivision (c) of Section 667.5 or
Section 1192.7.
(2) A parolee who, while on parole, commits one or more nonviolent
drug possession offenses and is found to have concurrently committed
a misdemeanor not related to the use of drugs or any felony.
(3) A parolee who refuses drug treatment as a condition of parole.
(c) Within seven days of a finding that the parolee has either
committed a nonviolent drug possession offense or violated any
drug-related condition of parole, the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations shall notify the
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days thereafter the treatment provider
shall prepare an individualized drug treatment plan and forward it to
the Parole Authority and to the California Department of Corrections
and Rehabilitation, Division of Adult Parole Operations agent
responsible for supervising the parolee. On a quarterly basis after
the parolee begins drug treatment, the treatment provider shall
prepare and forward a progress report on the individual parolee to
these entities and individuals.
(1) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided, but amenable to other
drug treatments or related programs, the Department of Corrections
and Rehabilitation, Division of Adult Parole Operations may act to
modify the terms of parole to ensure that the parolee receives the
alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided and all other forms of
drug treatment provided pursuant to subdivision (b) of Section 1210
and the amenability factors described in subparagraph (B) of
paragraph (3) of subdivision (f) of Section 1210.1, the Department of
Corrections and Rehabilitation, Division of Adult Parole Operations
may act to revoke parole. At the revocation hearing, parole may be
revoked if it is proved that the parolee is unamenable to all drug
treatment.
(3) Drug treatment services provided by subdivision (a) as a
required condition of parole may not exceed 12 months, unless the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations makes a finding supported by the record that the
continuation of treatment services beyond 12 months is necessary for
drug treatment to be successful. If that finding is made, the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations may order up to two six-month extensions of
treatment services. The provision of treatment services under this
act shall not exceed 24 months.
(d) (1) If parole is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section.
Parole shall be revoked if the parole violation is proved and a
preponderance of the evidence establishes that the parolee poses a
danger to the safety of others.
(2) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment violates parole either by
committing an offense other than a nonviolent drug possession
offense, or by violating a non-drug-related condition of parole, and
the Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts to revoke parole, a hearing shall be conducted
to determine whether parole shall be revoked.
Parole may be modified or revoked if the parole violation is
proved.
(3) (A) If a parolee receives drug treatment under subdivision
(a), and during the course of drug treatment violates parole either
by committing a nonviolent drug possession offense, or a misdemeanor
for simple possession or use of drugs or drug paraphernalia, being
present where drugs are used, or failure to register as a drug
offender, or any activity similar to those listed in subdivision (d)
of Section 1210, or by violating a drug-related condition of parole,
and the Department of Corrections and Rehabilitation, Division of
Adult Parole Operations acts to revoke parole, a hearing shall be
conducted to determine whether parole shall be revoked. Parole shall
be revoked if the parole violation is proved and a preponderance of
the evidence establishes that the parolee poses a danger to the
safety of others. If parole is not revoked, the conditions of parole
may be intensified to achieve the goals of drug treatment.
(B) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment for the second time violates
that parole either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of parole, and the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts for a second time to revoke parole, a hearing
shall be conducted to determine whether parole shall be revoked. If
the alleged parole violation is proved, the parolee is not eligible
for continued parole under any provision of this section and may be
reincarcerated.
(C) If a parolee already on parole at the effective date of this
act violates that parole either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in paragraph (1) of subdivision (d) of Section 1210, or
by violating a drug-related condition of parole, and the Department
of Corrections and Rehabilitation, Division of Adult Parole
Operations acts to revoke parole, a hearing shall be conducted to
determine whether parole shall be revoked. Parole shall be revoked if
the parole violation is proved and a preponderance of the evidence
establishes that the parolee poses a danger to the safety of others.
If parole is not revoked, the conditions of parole may be modified to
include participation in a drug treatment program as provided in
subdivision (a). This paragraph does not apply to any parolee who at
the effective date of this act has been convicted of one or more
serious or violent felonies in violation of subdivision (c) of
Section 667.5 or Section 1192.7.
(D) If a parolee already on parole at the effective date of this
act violates that parole for the second time either by committing a
nonviolent drug possession offense, or by violating a drug-related
condition of parole, and the parole authority acts for a second time
to revoke parole, a hearing shall be conducted to determine whether
parole shall be revoked. If the alleged parole violation is proved,
the parolee may be reincarcerated or the conditions of parole may be
intensified to achieve the goals of drug treatment.
(e) The term "drug-related condition of parole" shall include a
parolee's specific drug treatment regimen, and, if ordered by the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations pursuant to this section, employment, vocational
training, educational programs, psychological counseling, and family
counseling.