§ 1174.4 (a) Persons eligible for participation in this alternative sentencing program shall meet all of the following criteria: (1) Pregnant women with an est…

(a)  Persons eligible for participation in this alternative sentencing program shall meet all of the following criteria:

(1)  Pregnant women with an established history of substance abuse, or pregnant or parenting women with an established history of substance abuse who have one or more children under six years old at the time of entry into the program. For women with children, at least one eligible child shall reside with the mother in the facility.

(2)  Never served a prior prison term for, nor been convicted in the present proceeding of, committing or attempting to commit, any of the following offenses:

(3)  Has not been sentenced to state prison for a term exceeding 36 months.

(b)  Prior to sentencing, if the court proposes to give consideration to a placement, the court shall consider a written evaluation by the probation department, which shall include the following:

(1)  Whether the defendant is eligible for participation pursuant to this section.

(2)  Whether participation by the defendant and her eligible children is deemed to be in the best interests of the children.

(3)  Whether the defendant is amenable to treatment for substance abuse and would benefit from participation in the program.

(4)  Whether the program is deemed to be in the best interests of an eligible child of the defendant, as determined by a representative of the appropriate child welfare services agency of the county if the child is a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code.

(c)  The district attorney shall make a recommendation to the court as to whether or not the defendant would benefit from the program, which the court shall consider in making its decision. If the court’s decision is without the concurrence of the district attorney, the court shall specify its reasons in writing and enter them into the record.

(d)  If the court determines that the defendant may benefit from participation in this program, the court may impose a sentence of imprisonment pursuant to subdivision (h) of Section 1170 with the recommendation that the defendant participate in the program pursuant to this chapter. The court shall notify the department within 48 hours of imposition of this sentence.

(e)  The Director of Corrections shall consider the court’s recommendation in making a determination on the inmate’s placement in the program.

(f)  Women accepted for the program by the Director of Corrections shall be delivered by the county, pursuant to Section 1202a, to the facility selected by the department. Before the director accepts a woman for the program, the county shall provide to the director the necessary information to determine her eligibility and appropriate placement status. Priority for services and aftercare shall be given to inmates who are incarcerated in a county, or adjacent to a county, in which a program facility is located.

(g)  Prior to being admitted to the program, each participant shall voluntarily sign an agreement specifying the terms and conditions of participation in the program.

(h)  The department may refer inmates back to the sentencing court if the department determines that an eligible inmate has not been recommended for the program. The department shall refer the inmate to the court by an evaluative report so stating the department’s assessment of eligibility, and requesting a recommendation by the court.

(i)  Women who successfully complete the program, including the minimum of one year of transition services under intensive parole supervision, shall be discharged from parole. Women who do not successfully complete the program shall be returned to imprisonment pursuant to subdivision (h) of Section 1170 where they shall serve their original sentences. These persons shall receive full credit against their original sentences for the time served in the program, pursuant to Section 2933.