California · Penal Code

PEN §1203.096: (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other te

Civil

What this law says, in plain English

Upon felony conviction with state prison sentencing, courts must recommend substance abuse counseling or education programs if the defendant was under the influence, has a history of substance abuse, or was convicted of drug-related offenses.

Read the full statutory text

(a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned. (b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true: (1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages. (2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance. (3) That the defendant has a demonstrated history of substance abuse. (4) That the offense or offenses for which the defendant was convicted are drug related.

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