California Health and Safety Code 11356.6 – (a) The court shall refer a defendant subject to paragraph (2) …
(a) The court shall refer a defendant subject to paragraph (2) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program that meets the standards of this section.
(b) A fentanyl and synthetic opiate education program shall include education on the dangers of fentanyl and other synthetic opiates, including, but not limited to, information on all of the following:
Terms Used In California Health and Safety Code 11356.6
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) How the use of fentanyl and synthetic opiates affects the body and brain.
(2) The dangers of fentanyl and other synthetic opiates to a person‘s life and health.
(3) Factors that contribute to physical dependence.
(4) The physical and mental health risks associated with substance use disorders.
(5) How to recognize and respond to the signs of a drug overdose, including information regarding access to, and the administration of, opiate antagonists and immunity for reporting a drug-related overdose pursuant to Section 11376.5.
(6) The legality of drug testing equipment pursuant to subdivision (g) of Section 11364.5.
(c) The education may also include the criminal penalties for controlled substance offenses regarding fentanyl and other synthetic opiates.
(d) The education shall be culturally and linguistically appropriate.
(e) The court may allow a defendant to participate in a fentanyl and synthetic opiate education program via remote technology, if one is available.
(f) The program provider shall report to the probation department and the court an unexcused absence by a defendant from a fentanyl and synthetic opiate education program within two business days. A defendant who is absent from a session of the fentanyl and synthetic opiate education program shall be required to complete any and all components of the fentanyl and synthetic opiate education program that the defendant did not attend.
(g) The court shall only refer defendants to programs that are available at no cost to participants of court-ordered drug education as provided in subparagraph (B) of paragraph (2) of subdivision (a) of Section 11373.
(h) As used in this section, “opiate” includes “opioid” drugs.
(Added by Stats. 2023, Ch. 818, Sec. 1. (AB 890) Effective January 1, 2024.)