San Bernardino Superior Court’s Agreement for Treatment Plan per Health & Safety Code 11395 records the treatment conditions and next court review in a qualifying treatment-mandated felony case. The court’s form is optional, and the completed agreement must be read with the plea, expert’s plan and court order. Signing the agreement does not by itself place someone in treatment or dismiss a charge. San Bernardino form 13-12028-360, revised January 1, 2026; court’s criminal forms index; Health and Safety Code § 11395.
Confirm the statutory route before signing
Section 11395 is part of the 2024 Proposition 36 treatment-mandated felony law. It concerns possession of a substance the statute defines as a “hard drug,” without the listed lawful prescription, and at least two qualifying convictions from the drug offenses the statute enumerates. Those priors can be felonies or misdemeanors, but they must be alleged in the charging paper and admitted in open court or found true. The statutory definition excludes cannabis, peyote, LSD and other named substances. A drug charge, two unspecified prior incidents or the words “Prop 36” on a calendar entry do not alone establish § 11395 eligibility. Health and Safety Code § 11395(b), (c), (e).
To elect this route, the defendant pleads guilty or no contest to the § 11395 charge, admits the qualifying prior allegations, waives time for sentencing and pronouncement of judgment, and agrees to a detailed treatment program approved by the court. The statute says that plea is not a conviction for any purpose unless judgment is later entered under its failure provision. At or after arraignment, the court orders an expert evaluation at the defendant’s request or with consent. The evaluation addresses substance-use and mental-health issues, and its report goes to the court and parties. The statute limits later trial use of the interview and derived evidence but permits impeachment in its stated circumstance; it does not promise a confidential evaluation hidden from the parties. Health and Safety Code § 11395(d)(1).
This is distinct from the probation-based program under the 2000 Proposition 36. Do not apply an older Penal Code § 1210.1 description to the 2024 § 11395 plea and deferred-judgment procedure.
Read the completed form as a checklist
| On the San Bernardino form | What to confirm in the case record |
|---|---|
| Case, plea and treatment term | Match the case number and § 11395 plea to the charging document. Identify the months and the actual expert-informed plan the court approved; do not infer a universal treatment length from blank spaces. |
| Next progress hearing | Record the date, time and department. The form calls for in-person appearances and a progress letter at each hearing; confirm who will supply the letter and how it reaches counsel and the court. |
| Participation and information | Identify the approved provider, assessment-based treatment, testing requests, Medi-Cal enrollment if appropriate, and the signed release allowing verification of participation. Ask exactly what information the release covers. |
| Other conditions | Read the obey-law and court-order terms, no knowing controlled-substance or paraphernalia possession/use, the extradition waiver if apprehended outside California after nonappearance, and anything written in “Other.” Compare the filled form with the signed order. |
These items come from the court’s one-page agreement; a blank form is not a substitute for the terms actually imposed. Section 11395 separately requires regular review hearings. The court must refer the defendant to a credible program approved by the court, parties and expert that is available at no cost to the participant, although the defendant may choose a court-approved paid program. That statutory referral rule is not a promise of a particular provider, immediate bed, or successful outcome. Health and Safety Code § 11395(d)(1)–(2).
If treatment goes well—or something goes wrong
Successful completion alone is not the whole dismissal test. Section 11395(d)(3) requires successful completion, a positive program recommendation, and a motion by an authorized party; then the court dismisses the charge. Keep the attendance and progress records that show what the program reported. Health and Safety Code § 11395(d)(3).
The San Bernardino form says failure to complete treatment or “any new law violations” will result in sentence up to the plea maximum. The controlling statute is more specific: a prosecutor, probation department or court may seek judgment for unsatisfactory performance, lack of treatment benefit, lack of amenability or refusal, or a conviction for a crime committed after treatment began. The defendant must receive notice and a hearing, and the court must find a statutory ground true before entering judgment and sentence. Except for the later-crime-conviction ground, the court may refer the person back to treatment when justice, current amenability and the person’s agreement support it. A new allegation alone is not the statute’s automatic-sentencing rule. Ask counsel how the completed order treats an alleged violation and attend every scheduled review unless the court changes the date.
Bring the charging paper, prior-conviction allegations, proposed plea, expert report or treatment plan, completed agreement and next-hearing notice to a case-specific review. The Law Offices of David S. Chesley can review the § 11395 charge and proposed terms in a San Bernardino criminal case. Call (800) 755-5174.