California Health and Safety Code

§ 11375.7

HSC § 11375.7 Effective Jan 1, 2018Div. 10 · Ch. 6 · Art. 4

Statute text

(a)Unless otherwise excluded pursuant to this section, a person charged with a misdemeanor pursuant to paragraph (3) of subdivision (b) of Section 11357.5 or paragraph (3) of subdivision (b) of Section 11375.5 shall be eligible to participate in a preguilty plea drug court program, as described in Section 1000.5 of the Penal Code.

(b)Notwithstanding any other law, a positive test for use of a controlled substance, any other drug that may not be possessed without a prescription, or alcohol shall not be grounds for dismissal from the program, unless the person is not making progress in the program. The court shall consider a report or recommendation of the treatment provider in making this determination. It shall be presumed that a person engaged in a program is making progress, unless that presumption is defeated by clear and convincing evidence. The person may offer evidence or an argument that he or she would benefit from and make progress in a different program or mode. If the court so finds, it may place the person in a different treatment program.

(c)Notwithstanding any other law, the following persons are excluded from participation in the program under this section:

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Legislative history

Amended by Stats. 2017, Ch. 561, Sec. 112. (AB 1516) Effective January 1, 2018.