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Bloomington, California, January 28, 2025 -- Deputy Nunez from the Fontana Sheriff's Station conducted a security check on a red tagged home located on the 18100 block of 10th Street. The residence was posted indicating no one had permission to be inside. Nunez noticed lights on inside the residence and contacted Angel Garcia, 62, and detained him for trespassing and located drug paraphernalia and suspected methamphetamine with Garcia's belongings.
Garcia was also discovered to have prior convictions for narcotic related offenses. He was transported to West Valley Detention Center and booked for HS 11395(b)(1), Possession of a Hard Drug Treatment Mandated Felony Act, a felony in the State of California.
Funding for the Homelessness, Drug Addiction, and Theft Reduction Act
(a) This chapter shall be known as the Funding for the Homelessness, Drug Addiction, and Theft Reduction Act.
(b) From moneys disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this act from any other source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi-Cal or Medicare programs or services, including, but not limited to, those described in clauses (iii) to (v), inclusive, of subparagraph (B) of paragraph (16) of subdivision (f) of Section 30025, for the defendant’s programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Health Care Services or any other applicable state agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.(Added November 5, 2024, by initiative Proposition 36, Sec. 14)
California voters passed Proposition 36 titled “The Homelessness, Drug Addiction and Theft Reduction Act.” The proposition took effect on December 18, 2024, and reforms multiple laws from Proposition 47, which have been responsible for increasing homelessness, drug addiction and theft. Proposition 36 includes several new Penal and Health and Safety Codes that deputies will be able to apply during arrests when appropriate. These new charges can carry enhanced sentencing, as well as prevent offenders from being cite released prior to their court appearance.
Anyone with information regarding this incident is urged to contact investigators at the Fontana Sheriff's Station. Callers wishing to remain anonymous are urged to call the We-Tip Hotline at 1-800-78-CRIME (27463) or leave information on the We-Tip website at www.wetip.com.
The Law
California Government Code - 7599.200Funding for the Homelessness, Drug Addiction, and Theft Reduction Act
(a) This chapter shall be known as the Funding for the Homelessness, Drug Addiction, and Theft Reduction Act.
(b) From moneys disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this act from any other source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi-Cal or Medicare programs or services, including, but not limited to, those described in clauses (iii) to (v), inclusive, of subparagraph (B) of paragraph (16) of subdivision (f) of Section 30025, for the defendant’s programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Health Care Services or any other applicable state agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.(Added November 5, 2024, by initiative Proposition 36, Sec. 14)
Health and Safety Code - 11999.20
(a) The State Department of Alcohol and Drug Programs shall administer and award grants to counties to supplement funding provided under the Substance Abuse and Crime Prevention Act of 2000 for the purpose of funding substance abuse testing for eligible offenders. Funding shall be used to supplement, rather than supplant, funding for existing substance abuse testing programs.
(b) This section shall become inoperative on July 1, 2013.
California Penal Code 1210.1
(a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive probation. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. The court shall impose appropriate drug testing as a condition of probation. The court may also impose, as a condition of probation, participation in vocational training, family counseling, literacy training and/or community service. A court may not impose incarceration as an additional condition of probation. Aside from the limitations imposed in this subdivision, the trial court is not otherwise limited in the type of probation conditions it may impose. Probation shall be imposed by suspending the imposition of sentence. No person shall be denied the opportunity to benefit from the provisions of the Substance Abuse and Crime Prevention Act of 2000 based solely upon evidence of a co-occurring psychiatric or developmental disorder. To the greatest extent possible, any person who is convicted of, and placed on probation pursuant to this section for a nonviolent drug possession offense shall be monitored by the court through the use of a dedicated court calendar and the incorporation of a collaborative court model of oversight that includes close collaboration with treatment providers and probation, drug testing commensurate with treatment needs, and supervision of progress through review hearings.
In addition to any fine assessed under other provisions of law, the trial judge may require any person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of his or her own placement in a drug treatment program...
