Law:Division 10.6. Drug And Alcohol Abuse Master Plans (California)
From Law Delta
Chapter 1. Long-range Goals
Ca Codes (hsc:11998-11998.3) Health And Safety Code Section 11998-11998.3
11998. This chapter sets forth the long-range goals of a five-year master plan to eliminate drug and alcohol abuse in California. The goals of this chapter are advisory, but it is the intent of the Legislature that the goals will be addressed to the extent possible by each county and by state government. These advisory goals do not amend existing law. Implementation of the goals of the master plan, after the state plan has been developed and issued, shall be subject to the budget review process.
11998.1. It is the intent of the Legislature that the following long-term five-year goals be achieved: (a) With regard to education and prevention of drug and alcohol abuse programs, the following goals: (1) Drug and alcohol abuse education has been included within the mandatory curriculum in kindergarten and grades 1 to 12, inclusive, in every public school in California. (2) Basic training on how to recognize, and understand what to do about, drug and alcohol abuse has been provided to administrators and all teachers of kindergarten and grades 1 to 12, inclusive. (3) All school counselors and school nurses have received comprehensive drug and alcohol abuse training. (4) Each school district with kindergarten and grades 1 to 12, inclusive, has appointed a drug and alcohol abuse advisory team of school administrators, teachers, counselors, students, parents, community representatives, and health care professionals, all of whom have expertise in drug and alcohol abuse prevention. The team coordinates with and receives consultation from the county alcohol and drug program administrators. (5) Every school board member has received basic drug and alcohol abuse information. (6) Each school district has a drug and alcohol abuse specialist to assist the individual schools. (7) Each school in grades 7 to 12, inclusive, has student peer group drug and alcohol abuse programs. (8) Every school district with kindergarten and grades 1 to 12, inclusive, has updated written drug and alcohol abuse policies and procedures including disciplinary procedures which will be given to every school employee, every student, and every parent. (9) The California State University and the University of California have evaluated and, if feasible, established educational programs and degrees in the area of drug and alcohol abuse. (10) Every school district with kindergarten and grades 1 to 12, inclusive, has an established parent teachers group with drug and alcohol abuse prevention goals. (11) Every school district has instituted a drug and alcohol abuse education program for parents. (12) Drug and alcohol abuse training has been imposed as a condition for teacher credentialing and license renewal, and knowledge on the issue is measured on the California Basic Education Skills Test. (13) Drug and alcohol abuse knowledge has been established as a component on standardized competency tests as a requirement for graduation. (14) Every school district has established a parent support group. (15) Every school district has instituted policies that address the special needs of children who have been rehabilitated for drug or alcohol abuse problems and who are reentering school. These policies shall consider the loss of schooltime, the loss of academic credits, and the sociological problems associated with drug and alcohol abuse, its rehabilitation, and the educational delay it causes. (16) The number of drug and alcohol abuse related incidents on school grounds has decreased by 20 percent. (b) With regard to community programs, the following goals: (1) Every community-based social service organization that receives state and local financial assistance has drug and alcohol abuse information available for clients. (2) All neighborhood watch, business watch, and community conflict resolution programs have included drug and alcohol abuse prevention efforts. (3) All community-based programs that serve schoolaged children have staff trained in drug and alcohol abuse and give a clear, drug- and alcohol-free message. (c) With regard to drug and alcohol abuse programs of the media, the following goals: (1) The state has established a comprehensive media campaign that involves all facets of the drug and alcohol abuse problem, including treatment, education, prevention, and intervention that will result in increasing the public's knowledge and awareness of the detrimental effects of alcohol and drug use, reducing the use of alcohol and drugs, and increasing healthy lifestyle choices. (2) The department on a statewide basis, and the county board of supervisors or its designees at the local level, have: (A) Assisted the entertainment industry in identifying ways to use the entertainment industry effectively to encourage lifestyles free of substance abuse. (B) Assisted the manufacturers of drug and alcohol products in identifying ways to use product advertising effectively to discourage substance abuse. (C) Assisted television stations in identifying ways to use television programming effectively to encourage lifestyles free of substance abuse. (3) A statewide cooperative fundraising program with recording artists and the entertainment industry has been encouraged to fund drug and alcohol abuse prevention efforts in the state. (d) With regard to drug and alcohol abuse health care programs, the following goals: (1) The number of drug and alcohol abuse-related medical emergencies has decreased by 4 percent per year. (2) All general acute care hospitals and AIDS medical service providers have provided information to their patients on drug and alcohol abuse. (3) The Medical Board of California, the Psychology Examining Committee, the Board of Registered Nursing, and the Board of Behavioral Science Examiners have developed and implemented the guidelines or regulations requiring drug and alcohol abuse training for their licensees, and have developed methods of providing training for those professionals. (e) With regard to private sector drug and alcohol abuse programs, the following goals: (1) A significant percentage of businesses in the private sector have developed personnel policies that discourage drug and alcohol abuse and encourage supervision, training, and employee education. (2) Noteworthy and publicly recognized figures and private industry have been encouraged to sponsor fundraising events for drug and alcohol abuse prevention. (3) Every public or private athletic team has been encouraged to establish policies forbidding drug and alcohol abuse. (4) The private sector has established personnel policies that discourage drug and alcohol abuse but encourage treatment for those employees who require this assistance. (f) With regard to local government drug and alcohol abuse programs, the following goals: (1) Every county has a five-year master plan to eliminate drug and alcohol abuse developed jointly by the county-designated alcohol and drug program administrators, reviewed jointly by the advisory boards set forth in paragraph (2), and approved by the board of supervisors. For those counties in which the alcohol and drug programs are jointly administered, the administrator shall develop the five-year master plan. To the degree possible, all existing local plans relating to drug or alcohol abuse shall be incorporated into the master plan. (2) Every county has an advisory board on alcohol problems and an advisory board on drug programs. The membership of these advisory boards is representative of the county's population and is geographically balanced. To the maximum extent possible, the county advisory board on alcohol problems and the county advisory board on drug programs will have representatives of the following: (A) Law enforcement. (B) Education. (C) The treatment and recovery community, including a representative with expertise in AIDS treatment services. (D) Judiciary. (E) Students. (F) Parents. (G) Private industry. (H) Other community organizations involved in drug and alcohol services. (I) A representative of organized labor responsible for the provision of Employee Assistance Program services. If any of these areas is not represented on the advisory bodies, the administrator designated in paragraph (1) shall solicit input from a representative of the nonrepresented area prior to the development of a master plan pursuant to paragraph (1). (3) Every county public social service agency has established policies that discourage drug and alcohol abuse and encourage treatment and recovery services when necessary. (4) Every local unit of government has an employee assistance program that addresses drug and alcohol abuse problems. (5) Every local unit of government has considered the potential for drug and alcohol abuse problems when developing zoning ordinances and issuing conditional use permits. (6) Every county master plan includes treatment and recovery services. (6.5) Every county master plan includes specialized provisions to ensure optimum alcohol and drug abuse service delivery for handicapped and disabled persons. (7) Every local unit of government has been encouraged to establish an employee assistance program that includes the treatment of drug and alcohol abuse-related programs. (8) Every local governmental social service provider has established a referral system under which clients with drug and alcohol abuse problems can be referred for treatment. (9) Every county drug and alcohol abuse treatment or recovery program that serves women gives priority for services to pregnant women. (10) Every alcohol and drug abuse program provides acquired immune deficiency syndrome (AIDS) information to all program participants. (g) With regard to state and federal government drug and alcohol abuse programs, the following goals: (1) The Department of Alcoholic Beverage Control has informed all alcohol retailers of the laws governing liquor sales and has provided training available to all personnel selling alcoholic beverages, on identifying and handling minors attempting to purchase alcohol. (2) The California Emergency Management Agency has required all applicants for crime prevention and juvenile justice and delinquency prevention funds to include drug and alcohol abuse prevention efforts in their programs. (3) All county applications for direct or indirect drug and alcohol services funding from the department include a prevention component. (4) The Superintendent of Public Instruction has employed drug and alcohol abuse school prevention specialists and assisted school districts with the implementation of prevention programs. (5) The State Department of Mental Health has staff trained in drug and alcohol abuse prevention who can assist local mental health programs with prevention efforts. (6) The Department of the California Highway Patrol, as permitted by the United States Constitution, has established routine statewide sobriety checkpoints for driving while under the influence. (7) The Department of Corrections and the Department of the Youth Authority have provided drug and alcohol abuse education and prevention services for all inmates, wards, and parolees. Both departments have provided drug and alcohol abuse treatment services for any inmate, ward, or parolee determined to be in need of these services, or who personally requests these services. (8) The Department of Motor Vehicles has distributed prevention materials with each driver's license or certificate of renewal and each vehicle registration renewal mailed by the Department of Motor Vehicles. (9) Federal prevention programs have been encouraged to follow the master plan. (10) State licensing and program regulations for drug and alcohol abuse treatment programs have been consolidated and administered by one state agency. (11) State treatment funding priorities have been included to specially recognize the multiple diagnosed client who would be eligible for services from more than one state agency. (12) Every state agency has formalized employee assistance programs that include the treatment of drug and alcohol abuse-related problems. (13) The state master plan includes specialized provisions to ensure optimum drug and alcohol abuse service delivery for handicapped and disabled persons. (h) With regard to private sector direct service providers, the following goals: (1) Drinking drivers programs have provided clear measurements of successful completion of the program to the courts for each court-ordered client. (2) Sufficient drug and alcohol treatment and recovery services exist throughout the state to meet all clients' immediate and long-range needs. (3) Each county to the extent possible provides localized alcohol and drug treatment and recovery services designed for individuals seeking assistance for polydrug abuse. (4) Adequate nonresidential and residential services are available statewide for juveniles in need of alcohol or drug abuse services. (5) Each provider of alcohol or drug services has been certified by the state. (6) Drug and alcohol abuse treatment providers provide general acquired immune deficiency syndrome (AIDS) information during treatment. (i) With regard to supply regulation and reduction in conjunction with drug and alcohol abuse, the following goals: (1) The California National Guard supports federal, state, and local drug enforcement agencies in counternarcotic operations as permitted by applicable laws and regulations. (2) Each county has a drug and alcohol abuse enforcement team, designated by the board of supervisors. This team includes all components of the criminal justice system. This team shall be responsible to the board of supervisors, shall coordinate with the drug and alcohol abuse advisory board and the county on all criminal justice matters relating to drug and alcohol abuse, and shall coordinate, and actively participate, with the county alcohol and drug program administrators throughout the development and implementation of the five-year master plan. (3) The California Emergency Management Agency, the Youth and Adult Correctional Agency, the Department of the California Highway Patrol, the Office of Traffic Safety, and the Department of Justice have established a state level drug and alcohol abuse enforcement team that includes representatives from all facets of criminal justice. The lead agency for the enforcement team has been designated by the Governor. This team advises the state and assists the local teams. (4) The California Emergency Management Agency, the Youth and Adult Correctional Agency, and the Department of Justice have, as a priority when determining training subjects, prevention seminars on drug and alcohol abuse. The Commission on Peace Officer Standards and Training has, as a priority, when determining training subjects, drug and alcohol enforcement. (5) The Department of the California Highway Patrol, as permitted by the United States Constitution, will, in conjunction with establishing sobriety checkpoints statewide, assist local law enforcement agencies with the establishment of local programs. (6) Counties with more than 10 superior court judgeships have established programs under which drug cases receive swift prosecution by well-trained prosecutors before judges who are experienced in the handling of drug cases. (7) The courts, when determining bail eligibility and the amount of bail for persons suspected of a crime involving a controlled substance, shall consider the quantity of the substance involved when measuring the danger to society if the suspect is released. (8) Drunk driving jails have been established that provide offender education and treatment during incarceration. (9) All probation and parole officers have received drug and alcohol abuse training, including particular training on drug recognition. (10) All parolees and persons on probation with a criminal history that involves drug or alcohol abuse have conditions of parole or probation that prohibit drug and alcohol abuse. (11) The Judicial Council has provided training on drug and alcohol abuse for the judges. (12) The courts, when sentencing offenders convicted of selling drugs, consider "street value" of the drugs involved in the underlying crime. (13) Judges have been encouraged to include drug and alcohol abuse treatment and prevention services in sentences for all offenders. Judges are requiring, as a condition of sentencing, drug and alcohol abuse education and treatment services for all persons convicted of driving under the influence of alcohol or drugs. (14) Juvenile halls and jails provide clients with information on drug and alcohol abuse. (15) The estimated number of clandestine labs operating in California has decreased by 10 percent per year. (16) Each local law enforcement agency has developed, with the schools, protocol on responding to school drug and alcohol abuse problems. (17) Every county has instituted a mandatory driving-under-the-influence presentence offender evaluation program.
11998.2. (a) "Department," as used in this division, means the State Department of Alcohol and Drug Programs. (b) The board of supervisors of each county is encouraged to prepare and adopt a county drug and alcohol abuse master plan, pursuant to paragraph (1) of subdivision (f) of Section 11998.1, that addresses as many of the long-range goals set forth in Section 11998.1 as possible. It is the intent of the Legislature that every county master plan include quantitative outcome objectives that, at a minimum, measure progress in the areas of prevention, education, enforcement, and treatment. It is the intent of the Legislature that these objectives include measurements of: (1) The reduction of arrests for driving under the influence of drugs or alcohol, or both. (2) The reduction of alcohol and drug-related arrests. (3) Increased public education on the dangers of substance abuse and the available prevention techniques including specific measurements of children, parents, and teachers who have received this education. (4) The reduction of alcohol- and drug-related deaths and injuries. (5) The increased number of persons successfully completing drug and alcohol abuse services. If a county master plan is adopted, the board of supervisors or its designee shall, in conjunction with the county advisory boards as established pursuant to paragraph (2) of subdivision (f) of Section 11998.1, annually assess the progress of the county in reaching its long-range goals. (c) Every county or public or private agency within a county that applies for state or local assistance funds for drug and alcohol abuse efforts in their program, may address, to the extent possible, any long-range goals set forth in a county drug and alcohol abuse master plan established pursuant to subdivision (b), and funding priority may be given to those entities which address these goals within their respective programs. (d) The Governor shall designate one state agency to act as the lead agency on all drug and alcohol abuse matters. (e) Every state agency that contracts or grants money to local jurisdictions or programs for drug and alcohol abuse services shall require the submission and shall review the contents of an approved county drug and alcohol abuse master plan, to the extent a plan has been adopted pursuant to subdivision (b). (f) Every state agency that offers drug and alcohol abuse services or financial assistance shall report annually to the Legislature on its efforts to achieve the master plan goals provided in Section 11998.1. Individual agencies may report separately or in combination with other state agencies. (g) The department shall send copies of this division to all state-funded social service programs that provide drug and alcohol abuse services. (h) The department shall maintain copies of every county drug and alcohol abuse master plan for review by other state agencies and the Legislature. (i) The Governor shall designate one statewide resource center to coordinate efforts of other resource centers statewide and to coordinate with local government and assist in their preparation of drug and alcohol abuse master plans. (j) The department shall maintain an annually updated listing of all drug and alcohol abuse programs provided or funded by the state. Every other state agency shall regularly provide the department with current information on programs they fund or provide. (k) The Governor's Policy Council on Drug and Alcohol Abuse shall review and consider all of the goals contained in Section 11998.1.
11998.3. (a) Priority in allocating state funds for substance abuse to law enforcement agencies shall be given to those counties whose law enforcement agencies are participating in both of the following: (1) A drug and alcohol abuse enforcement team established in accordance with paragraph (2) of subdivision (i) of Section 11998.1. (2) Development and implementation of a county master plan pursuant to this chapter. (b) The drug and alcohol abuse enforcement team shall adopt measures to coordinate the efforts of drug and alcohol abuse law enforcement agencies within the county.