The bill would amend the Penal Code by requiring mandatory community supervision for first time offenders adjudged guilty of possession of less than one gram of certain controlled substances.  Under current law such offenders are eligible for state jail community supervision, or incarceration in a state jail facility.  For state jail felons identified in the bill, if it is shown on the trial of the offense that the individual previously has been adjudged guilty one time of an offense listed in the bill, the individual shall be punished by confinement in a state jail facility for any term of not more than one year or less than 180 days.  For state jail felons identified in the bill, if it is shown on the trial of the offense that the individual previously has been adjudged guilty two or more times of an offense listed in the bill, the individual shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.  In addition, offenses identified by the bill could not be enhanced to a felony of the third degree, which is possible under current law. 

The bill would apply to an offense committed after September 1, 2003. 

Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows: