California Health and Safety Code

§ 11373

HSC § 11373 Effective Jan 1, 2024Div. 10 · Ch. 6 · Art. 4

Statute text

(a)(1) When a person who is otherwise eligible for probation is granted probation by the trial court or sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code, 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 complete successfully a controlled substance education or treatment program, as appropriate for the individual, approved pursuant to subdivision (c), or if none is available, from a local community agency designated by the court.

(2)For purposes of this section, “complete successfully” means that a defendant who has had controlled substance education or treatment imposed as a condition of probation has completed the prescribed course of controlled substance education or treatment as recommended by the treatment provider and ordered by the court. Completion of education or treatment shall not require cessation of narcotic replacement therapy.

(3)When referring a person pursuant to this subdivision, the court shall determine the person’s ability to pay. If the court finds that the person is financially unable to pay, the court may develop a sliding fee schedule for the program based on the person’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs.

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Legislative history

Amended by Stats. 2023, Ch. 818, Sec. 2.5. (AB 890) Effective January 1, 2024.