Health and safety code section 11640-11648




CALIFORNIA CODES



HEALTH AND SAFETY CODE



SECTION 11640-11648



















11640.  The Legislature finds and declares that there has been a



recent and rapid expansion in clandestine laboratories illegally



producing a variety of controlled substances.  These are increasingly



sophisticated operations, frequently located in rural areas or



working across jurisdictional lines, which pose substantial dangers



to the general public from fire, explosion, and the toxic chemicals



involved.  The controlled substances these laboratories produce, such



as analogs of fentanyl, phencyclidine, and methamphetamine, are



extremely difficult to detect and analyze and have caused numerous



deaths and serious injuries to those who use them.



   The Legislature further finds and declares that, given the number



and nature of clandestine laboratories, local law enforcement



officials in most jurisdictions lack the training, specialized



equipment, and resources to adequately enforce existing law.  As a



result, the public is increasingly endangered by the laboratories



themselves while the controlled substances they produce pose a grave



danger to those who use them.



   It is the intent of the Legislature in establishing the



Clandestine Laboratory Enforcement Program to provide increased



funding for special training, equipment, personnel, and financial



assistance to state and local law enforcement officials targeted on



the investigation and prosecution of clandestine laboratories.  The



program shall also increase public awareness of the problems posed by



clandestine laboratories and the products they produce.



















11641.  The Department of Justice shall establish a Clandestine



Laboratory Enforcement Program to assist state and local law



enforcement and prosecutorial agencies in apprehending and



prosecuting persons involved in the unlawful manufacture of



controlled substances.















11642.  (a) To the extent moneys are available therefor, the



Controller, in accordance with criteria and procedures which shall be



adopted by the Department of Justice, may reimburse counties with a



population under 1,750,000 for costs of prosecuting  violations,



attempts to violate, or conspiracies to violate Section 11100,



11100.1, 11104, 11105, 11379.6, or 11383 initiated after January 1,



1987.  Funding under this subdivision shall not exceed twenty-five



thousand dollars ($25,000) for each prosecution or joint prosecution



assisted.  All funds allocated to a county under this subdivision



shall be distributed by it only to its prosecutorial agency, to be



used solely for investigation and prosecution of these offenses.



Funds distributed under this subdivision shall not be used to



supplant any local funds that would, in the absence of this



subdivision, be made available to support the prosecutorial efforts



of counties.



   Cases wholly financed or reimbursed under any other state or



federal program including, but not limited to, the Asset Forfeiture



Program (Section 11489), the Major Narcotic Vendors Prosecution Law



(Section 13881 of the Penal Code), or the California Career Criminal



Apprehension Program (Section 13851 of the Penal Code), shall not be



entitled to reimbursement under this subdivision.



   (b) To the extent moneys are available therefor, the Controller,



in accordance with criteria and procedures which shall be adopted by



the Department of Justice, may reimburse counties with a population



under 1,750,000 for law enforcement personnel expenses, not exceeding



ten thousand dollars ($10,000) per case, incurred in the



investigation of violations, attempts to violate, or conspiracies to



violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383



initiated after January 1, 1987.  All funds allocated to a county



under this subdivision shall be distributed by it only to its law



enforcement agency to be used solely for investigation and detection



of these offenses.  Funds distributed under this subdivision shall



not be used to supplant any local funds that would, in the absence of



this subdivision, be made available to support the law enforcement



efforts of counties.  Cases financed or reimbursed under any other



state or federal program, including, but not limited to, the Asset



Forfeiture Program, (Section 11489), the California Career Criminal



Apprehension Program (Section 13851 of the Penal Code), or the



federal Asset Forfeiture Program (21 U.S.C.  Sec.  881), shall not be



entitled to reimbursement under this subdivision.



   (c) (1) To the extent moneys are available therefor, the



Controller, in accordance with criteria and procedures which shall be



adopted by the Department of Justice, may reimburse counties with a



population under 1,750,000 for costs incurred by, or at the direction



of, state or local law enforcement agencies to remove and dispose of



or store toxic waste from the sites of laboratories used for the



unlawful manufacture of a controlled substance.



   (2) The local law enforcement agency or Department of Justice



shall notify the local health officer within 24 hours of the seizure



of a laboratory used for the unlawful manufacture of a controlled



substance.  The local health officer shall either:



   (A) Make a determination as to whether the site poses an immediate



threat to public health and safety, and if so, shall undertake



immediate corrective action.



   (B) Notify the State Department of Health Services.



   As used in this section, "counties" includes any city within a



county with a population of less than 1,750,000.



   The Department of Justice may adopt emergency regulations



consistent with this section and the Administrative Procedure Act.















11643.  To the extent moneys are available therefor, the Bureau of



Narcotic Enforcement in the Department of Justice shall do the



following:



   (a) In cooperation with the Commission on Peace Officer Standards



and Training provide advanced training to state and local law



enforcement personnel on the unique skills, such as detection and



identification of chemical substances, and safety precautions, such



as safe handling, storage, and disposal of toxic substances,



necessary to investigate clandestine laboratories illegally



manufacturing controlled substances.



   (b) Make safety equipment, such as protective clothing and



breathing apparatus, available to local law enforcement officials, as



needed, on a case-by-case basis in connection with investigation and



abatement of laboratories illegally manufacturing controlled



substances.



   (c) Establish enhanced enforcement teams assigned to the



investigation of clandestine laboratories illegally manufacturing



controlled substances, particularly targeting cabals operating in



multiple local jurisdictions.  These teams shall include special



agents trained in investigating clandestine laboratories,



criminalists to analyze the chemicals involved, auditors to conduct



financial investigations and initiate forfeiture proceedings pursuant



to Chapter 8 (commencing with Section 11470) where warranted, and



analysts to monitor the overall pattern and network of these



clandestine laboratories across the state, to develop further cases,



and to target law enforcement efforts where needed.















11644.  To the extent moneys are available therefor, the Crime



Prevention Center of the Department of Justice shall prepare and



disseminate informational materials on the unique dangers posed by



clandestine laboratories and the controlled substances they produce.



The Crime Prevention Center shall increase public awareness in areas



such as the health dangers created by the laboratories themselves,



including how to identify and report them, and the unusual effects



and dangers of synthetic substances such as analogs of fentanyl,



MPPP, phencyclidine, and methamphetamines.















11646.  The Attorney General shall adopt rules and regulations for



the administration and enforcement of this chapter.















11647.  (a) The Crank-Up Task Force Program is hereby created within



the Department of Justice as part of the Clandestine Laboratory



Enforcement Program with responsibility for establishing, conducting,



supporting, and coordinating crank-up task forces composed of state



and local law enforcement agencies targeting the investigation,



seizure, and cleanup of clandestine laboratories used to manufacture



methamphetamine.



   (b) The department shall coordinate all investigations undertaken



by task forces operating under the Crank-Up Task Force Program with



all local agencies having law enforcement responsibilities within the



jurisdictions involved.  The department also shall solicit



participation by appropriate federal agencies with task force



investigations whenever possible.



   The department's Bureau of Narcotic Enforcement, Bureau of



Forensic Services, and Bureau of Investigations shall provide



staffing and logistical support for the crank-up task forces,



supplying special agents, criminal intelligence analysts, forensic



experts, financial auditors, equipment, and funding to the task



forces as needed.



   (c) Local law enforcement agencies participating in the Crank-Up



Task Force Program shall be reimbursed by the department for



personnel overtime costs and equipment or supplies required for task



force activities.











11648.  The department shall report annually on its activities and



on the accomplishments of the Clandestine Laboratory Program to the



Legislature and to federal, state, and local law enforcement



agencies, as well as to other interested groups.  The first report to



the Legislature shall be submitted no later than April 1, 1991, and



it shall specify the way in which the department's organization and



positions relate to the investigation, seizure, and cleanup of



clandestine laboratories as of that date.  The report shall also



include a detailed account of program expenditures.
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