The bill would amend the Government Code and the Health and Safety Code by changing the possession of a controlled substance of less than one gram from a state jail felony to a Class A misdemeanor with mandatory narcotics supervision or confinement. 

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.  A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

The bill would apply to any offender sentenced on or after September 1, 2003.  Offenders currently convicted of offenses addressed by this bill would receive state jail probation or incarceration.  A defendant convicted under the proposed law shall be punished by confinement in jail for up to one year or supervision by a drug court not to exceed two years.  Also under the proposed law, failure to comply with the law would result in revocation to state jail only after unsuccessful completion of a Drug Court program and after the offender has been sanctioned and treated in a county jail or residential treatment program. 

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: