Section § 11450

Explanation

This section allows the Attorney General to hire staff like agents, chemists, and clerical workers as needed to help the Department of Justice fulfill its duties, following the rules set by the State Civil Service Act.

The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code, employ such agents, chemists, clerical, and other employees as are necessary for the conduct of the affairs of the Department of Justice in carrying out its responsibilities specified in this division.

Section § 11454

Explanation

The Attorney General and their agents can spend money on buying controlled substances and hiring people to gather evidence, as long as the Attorney General allows it. Once these expenses are made, the officer who spent the money can be reimbursed after the Attorney General approves the claims.

The repayment comes from funds set aside by law for the Department of Justice, and these claims are checked afterward by the Department of Finance.

The Attorney General and the agents appointed by him, when authorized so to do by the Attorney General, may expend such sums as the Attorney General deems necessary in the purchase of controlled substances for evidence and in the employment of operators to obtain evidence.
The sums so expended shall be repaid to the officer making the expenditures upon claims approved by the Attorney General and subject to postaudit by the Department of Finance. The claims when approved shall be paid out of the funds appropriated or made available by law for the support or use of the Department of Justice.

Section § 11455

Explanation

This law establishes a task force to tackle fentanyl misuse and overdose prevention in California. The group will gather and organize data on the misuse of fentanyl and related drugs, evaluate current efforts to combat these issues, and make recommendations for improving laws and policies. Its duties also include boosting public awareness and identifying treatment options. The task force, co-chaired by the Attorney General and the State Public Health Officer, includes various government and health sector representatives. They'll meet bi-monthly, with reports due in 2025. The law is active only if funded and is set to expire on January 1, 2026.

(a)CA Health and Safety Code § 11455(a) There is hereby established the Fentanyl Misuse and Overdose Prevention Task Force to do the following, to the extent feasible:
(1)CA Health and Safety Code § 11455(a)(1) Collect and organize data on the nature and extent of fentanyl misuse in California.
(2)CA Health and Safety Code § 11455(a)(2) Identify and assess sources and drivers of legal and illicit fentanyl and xylazine activity in California.
(3)CA Health and Safety Code § 11455(a)(3) Measure and evaluate the progress and effectiveness of the state’s education, prevention, treatment, and enforcement efforts in preventing fentanyl misuse and death from the intentional use of fentanyl or the unintentional use of illicit substances containing fentanyl or xylazine, including the prosecution of persons engaged in the illegal manufacture, sale, and trafficking of fentanyl.
(4)CA Health and Safety Code § 11455(a)(4) Evaluate approaches to increase public awareness of fentanyl misuse.
(5)CA Health and Safety Code § 11455(a)(5) Analyze existing statutes for their adequacy in addressing fentanyl misuse and, if the analysis determines that those statutes are inadequate, recommend revisions to those statutes or the enactment of new statutes that specifically define and address fentanyl misuse.
(6)CA Health and Safety Code § 11455(a)(6) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent fentanyl misuse and death from the intentional use of fentanyl or the unintentional use of illicit substances containing fentanyl or xylazine, protect and assist persons who misuse fentanyl or other illicit substances that may contain fentanyl or xylazine, develop policy recommendations on the implementation of evidence-based practices to reduce fentanyl overdoses, and prosecute individuals engaged in the illegal manufacture, sale, and trafficking of fentanyl.
(7)CA Health and Safety Code § 11455(a)(7) Review and recommend model treatment protocols for medication-assisted treatment (MAT) of fentanyl misuse, including, but not limited to, the prescription of buprenorphine and other medications.
(8)CA Health and Safety Code § 11455(a)(8) Recommend strategies to increase the ability and willingness of the medical community to treat fentanyl misuse, including identifying barriers to accessing medical care, biases within the medical community against people who misuse fentanyl or other illicit substances that may contain fentanyl, and legal, regulatory, and practical hurdles in the delivery of MAT, behavioral therapy, and other medical strategies critical in the treatment of fentanyl misuse, which may include, but are not limited to, overdose prevention centers, fentanyl testing strip distribution, and access to overdose reversal treatment.
(9)CA Health and Safety Code § 11455(a)(9) Assess gaps in federal, state, and local resources to address fentanyl misuse.
(10)CA Health and Safety Code § 11455(a)(10) Evaluate strategies to improve coordination and collaboration between social media platforms, public health entities, and law enforcement.
(b)CA Health and Safety Code § 11455(b) The task force shall be cochaired by the Attorney General and the State Public Health Officer or their designees.
(c)CA Health and Safety Code § 11455(c) The members of the task force shall serve at the pleasure of the respective appointing authority. The task force shall be comprised of the following representatives or their designees:
(1)CA Health and Safety Code § 11455(c)(1) The Attorney General as cochair.
(2)CA Health and Safety Code § 11455(c)(2) The State Public Health Officer as cochair.
(3)CA Health and Safety Code § 11455(c)(3) The Director of Health Care Services.
(4)CA Health and Safety Code § 11455(c)(4) The Director of Social Services.
(5)CA Health and Safety Code § 11455(c)(5) One Member of the Senate, appointed by the Senate Rules Committee.
(6)CA Health and Safety Code § 11455(c)(6) One Member of the Assembly, appointed by the Speaker of the Assembly.
(7)CA Health and Safety Code § 11455(c)(7) The Chairperson of the Judicial Council.
(8)CA Health and Safety Code § 11455(c)(8) One representative from the California District Attorneys Association.
(9)CA Health and Safety Code § 11455(c)(9) One representative from the California Public Defenders Association.
(10)CA Health and Safety Code § 11455(c)(10) One representative of a local educational agency, appointed by the Superintendent of Public Instruction.
(11)CA Health and Safety Code § 11455(c)(11) One representative from the California Hospital Association.
(12)CA Health and Safety Code § 11455(c)(12) One representative from the California Medical Association.
(13)CA Health and Safety Code § 11455(c)(13) One representative from the County Health Executives Association of California.
(14)CA Health and Safety Code § 11455(c)(14) One representative from the County Behavioral Health Directors Association of California.
(15)CA Health and Safety Code § 11455(c)(15) One representative from a local health department, appointed by the Governor.
(16)CA Health and Safety Code § 11455(c)(16) Three representatives of law enforcement, one selected by the California State Sheriffs’ Association, one selected by the California Police Chiefs Association, and one selected by the Department of the California Highway Patrol.
(17)CA Health and Safety Code § 11455(c)(17) One representative from the California Society of Addiction Medicine who is a mental health professional.
(18)CA Health and Safety Code § 11455(c)(18) One representative who is in recovery from fentanyl or opioid misuse, appointed by the Governor.
(19)CA Health and Safety Code § 11455(c)(19) One representative from a federally qualified health center, appointed by the Governor.
(20)CA Health and Safety Code § 11455(c)(20) One representative from an organization that provides services to homeless individuals, one representative from an organization that provides services to individuals with substance use disorders, and one representative from an organization that serves persons who misuse fentanyl or other illicit substances that may contain fentanyl, appointed by the Governor.
(21)CA Health and Safety Code § 11455(c)(21) One representative from an organization that provides services to youths relating to substance misuse.
(d)CA Health and Safety Code § 11455(d) Whenever possible, members of the task force shall have experience providing services to persons who misuse fentanyl or other illicit substances that may contain fentanyl or have knowledge of fentanyl misuse issues.
(e)CA Health and Safety Code § 11455(e) The task force shall meet at least once every two months. Subcommittees may be formed and meet as necessary. All meetings shall be open to the public. The first meeting of the task force shall be held no later than June 1, 2024.
(f)Copy CA Health and Safety Code § 11455(f)
(1)Copy CA Health and Safety Code § 11455(f)(1) On or before December 1, 2025, the task force shall report its findings and recommendations to the Governor and the Legislature. At the request of any member, the report may include minority findings and recommendations.
(2)CA Health and Safety Code § 11455(f)(2) On or before July 1, 2025, the task force shall submit an interim report to the Governor and the Legislature.
(3)CA Health and Safety Code § 11455(f)(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)CA Health and Safety Code § 11455(g) For purposes of this section, “fentanyl misuse” means the use of fentanyl or products containing fentanyl in a manner, or with a frequency, that negatively impacts one or more areas of physical, mental, or emotional health.
(h)CA Health and Safety Code § 11455(h) This section shall be implemented only to the extent that an appropriation is made by the Legislature for the purpose of this section.
(i)CA Health and Safety Code § 11455(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.