SAN FRANCISCO — A San Francisco judge on Wednesday ordered a man accused of drug offenses to enter a court-recommended rehabilitation program, overriding objections from the District Attorney’s Office, which argued the accused posed a risk to public safety.
At the hearing in the San Francisco Hall of Justice, Judge Caffesa followed the recommendation of the Pretrial Diversion Department’s In-Custody Referral (ICR) and ordered the accused—charged with felony possession for sale or purchase of controlled substances, including cocaine base—to be transferred to the Salvation Army rehabilitation center.
Assistant District Attorney Axell Hernandez strongly opposed the placement, emphasizing that the accused was found with 139 grams of fentanyl. “The state objects,” Hernandez told the court. “We only wish to keep drug dealing off the streets in the Tenderloin.”
However, Assistant Public Defender Strause countered that the defendant had been previously referred for assessment by another court, which led to the ICR recommendation of treatment rather than incarceration.
Judge Caffesa questioned the ADA’s objections, responding, “You wish to keep drugs off the streets, so why would you object? I have a bed at the Salvation Army.”
ADA Hernandez reiterated his concern for community safety: “I am fearful for public safety if he goes to the program as a dealer.” Judge Caffesa, however, remained firm and ordered the accused to remain in custody until pretrial transport could arrange his transfer to the rehabilitation facility.
The next hearing for the accused is scheduled for May 12, 2025.
