BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

                                                                     9
                                                                     1
                                                                      
          AB 91 (Feuer)                                               
          As Amended June 1, 2009
          Hearing date:  July 7, 2009
          Vehicle Code
          MK:mc

                     VEHICLES: DRIVING UNDER THE INFLUENCE (DUI);

                              IGNITION INTERLOCK DEVICE  


                                       HISTORY

          Source:  Author

          Prior Legislation: SB 1190 (Oropeza) - Chapter 392, Statutes  
          2008 
                       SB 1361 (Correa) - vetoed, 2008
                       SB 1388 (Torlakson) - Chapter 404, Statutes 2008
                       AB 2784 (Feuer) - until August 28, 2008, version
                       SB 177 (Migden) - did not move 2007
                       AB 4 (Bogh) - held Assembly Appropriations 2005
                       AB 979 (Runner) - Chapter 646, Statutes of 2005
                       AB 638 (Longville) - prior to July 2, 2003, amends 
                         died on Concurrence 2003
                                  AB 1026 (Levine) - failed Senate Public  
          Safety 2003
                                  AB 762 (Torlakson) - Chapter 756,  
          Statutes of 1998

          Support: MADD; Peace Officers Research Association of  
                   California; Association for Los Angeles Deputy  
                   Sheriffs; Los Angeles District Attorney's Office; Los  




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                   Angeles Police Department; the Los Angeles County  
                   Sheriff's Department; Sacramento County Sheriff's  
                   Department; Sacramento Police Officers Association;  
                   Sacramento Metropolitan Fire District; American Academy  
                   of Pediatrics; American Nurses Association, California;  
                   California Hospital Association; California Emergency  
                   Nurses Association; John Muir Health; Cedars-Sinai  
                   Health System; County of Los Angeles; San Diego County  
                   Board of Supervisors; City of Los Angeles; City of  
                   Sacramento; Alliance of Automobile Manufacturers;  
                   Association of California Insurance Companies; AAA of  
                   Northern California; Automobile Club of Southern  
                   California

          Opposition:California Attorneys for Criminal Justice; California  
                   DUI Lawyers Association; California Public Defenders  
                   Association

          Assembly Floor Vote:  Ayes 77 - Noes 0



                                         KEY ISSUE
           
          SHOULD THE DEPARTMENT OF MOTOR VEHICLES CREATE A PILOT PROJECT IN  
          THREE COUNTIES MANDATING THE USE OF AN IGNITION INTERLOCK DEVICE BY  
          ALL DRIVING UNDER THE INFLUENCE OFFENDERS?


                                       PURPOSE

          The purpose of this bill is to create a pilot project mandating  
          the installation of an ignition interlock device on the vehicles  
          owned or operated by all driving under the influence offenders  
          in the Counties of Alameda, Los Angeles, and Sacramento.

           Existing law  provides it is unlawful for any person who is under  
          the influence of any alcoholic beverage or drug, or under the  
          combined influence of any alcoholic beverage and drug, to drive  
          a vehicle.  (Vehicle Code  23152(a).)  




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          Existing law  provides that it is unlawful for any person, while  
          having 0.08 percent or more, by weight, of alcohol in his or her  
          blood to drive a vehicle.  (Vehicle Code  23152(b).)

           Existing law  provides that a person who is convicted of a first  
          driving under the influence ("DUI") is subject to the following  
          penalties when given probation:
                 possible 48 hours to 6 months in jail;
                 $390 to $1,000 fine plus 250% penalty assessments;
                 completion of a 3-month treatment program or a 9-month  
               program if the BAC was .20% or more;
                 6-month license suspension or 10-month suspension if  
               9-month program is ordered; and 
                 restricted license may be sought upon proof of  
               enrollment or completion of program, proof of financial  
               responsibility and payment of fees.  However, the court may  
               disallow the restricted license.  (Vehicle Code  13352  
               (a)(1); 13352.1; 13352.4; 23538(a)(3).)
            
           Existing law  provides that a person who is convicted of a first  
          DUI with injury is subject to the following penalties:
                 16 months, 2 or 3 years in state prison, or 90 days to 1  
               year in county jail;
                 $390 to $1,000 fine plus 250% penalty assessments; and
                 1 year driver's license suspension.

            Or, when probation is given:
                 5 days to one year in jail;
                 $390 to $1,000 fine plus 250% penalty assessments;
                 1 year license suspension;
                 3-month treatment program or a 9-month program if the  
               BAC was .20% or more; and 
                 the additional penalties that apply to a first DUI  
               without injury.  (Vehicle Code  23554.)
           
          Existing law  provides that the Department of Motor Vehicles  
          shall advise the person convicted of a second DUI that after  
          completion of 12 months of the suspension period, the person may  
          apply for a restricted license subject to the following  




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          conditions are met:
                 proof of enrollment in an 18-month or 30-month  
               driving-under- the influence program;
                 person agrees to continued satisfactory participation in  
               the program;
                 person submits proof of installation of an ignition  
               interlock device;
                 person provides proof of insurance; and
                 person pays all fees.  (Vehicle Code  13352 (a)(3).)
           
          Existing  law provides that the Department of Motor Vehicles  
          shall advise the person convicted of a third DUI that after  
          completion of 12 months of the suspension period, the person may  
          apply for a restricted license subject to the following  
          conditions are met:
                 proof of enrollment in an 18 month or 30 month  
               driving-under-the influence program;
                 person agrees to continued satisfactory participation in  
               the program;
                 person submits proof of installation of an ignition  
               interlock device;
                 person provides proof of insurance; and
                 person pays all fees.  (Vehicle Code  13352 (a)(5).)

           Existing law  provides that if a first-offender DUI is found to  
          have a blood concentration of .20% BAC or above or who refused  
          to take a chemical test, the court shall refer the offender to  
          participate in a 9-month licensed program.  (Vehicle Code   
          23538 (b)(2).)

           Existing law  provides that a first-time DUI offender sentenced  
          to a 9-month program because of a high BAC or a refusal shall  
          have their license suspended for 10 months.  The law further  
          provides that their license may not be reinstated until the  
          person gives proof of insurance and proof of completion of the  
          required program.  (Vehicle Code  13352.1.)

           Existing law  provides that a person convicted of a first-time  
          DUI may apply for a restricted license for driving to and from  
          work and to and from a driver-under-influence program if  




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          specified requirements are met, paying all applicable fees,  
          submitting proof of insurance and proof of participation in a  
          program.  (Vehicle Code  13352.4.)

           This bill  provides that the Department of Motor Vehicles ("DMV")  
          shall establish a pilot program in the counties of Alameda, Los  
          Angeles, and Sacramento to reduce the number of first time  
          violations and repeat DUI offenses.

           This bill  provides that DMV, upon receipt of the court's  
          abstract of conviction for one of the specified DUI violations,  
          shall inform the convicted person he or she is required to have  
          an ignition interlock device installed for the specified period  
          of time.  

           This bill  provides that the records of DMV shall reflect the  
          mandatory use of the device for the term required and the time  
          with the devices is required to be installed.

           This bill provides that DMV shall advise the person that  
          installation of an ignition interlock device on a vehicle does  
          not allow the person to drive without a valid driver's license.

           This bill  provides that before a driver's license may be issued,  
          reissued, or returned to a person after a suspension or  
          revocation of that person's driving privilege that requires the  
          installation of an ignition interlock device, a person who is  
          notified by the department shall complete all of the following:
                 Arrange for each vehicle owned or operated by the person  
               to be fitted with an ignition interlock device by a  
               certified ignition interlock device provider.
                 Notify DMV and provide to the department proof of  
               installation by submitting the "Verification of  
               Installation" form.
                 Pay the fee, determined by DMV, which is sufficient to  
               cover the costs of administration of this section.

           This bill  provides that DMV shall place a restriction on the  
          driver's license record of the convicted person that states the  
          driver is restricted to driving only vehicles equipped with a  




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          certified ignition interlock device.

           This bill  provides that a person who is notified by DMV shall  
          arrange fore each vehicle with an ignition interlock device to  
          be serviced by the installer at least once every 60 days in  
          order for the installer to recalibrate and monitor the operation  
          of the device.

           This bill  provides that the installer shall notify the  
          department if the device is removed or indicates that the person  
          has attempted to remove, bypass, or tamper with the device, or  
          if the person fails three or more times to comply with any  
          requirement for the maintenance or calibration of the ignition  
          interlock device.

           This bill  provides that DMV shall monitor the installation and  
          maintenance of the ignition interlock device installed under the  
          pilot project.

           This bill  provides that a person is required to install an  
          ignition interlock device for the applicable term as a condition  
          of being issued a restricted driver's license, being reissued a  
          driver's license, or having the privilege to operate a motor  
          vehicle reinstated subsequent to a conviction for a violation or  
          suspension of a person's driver's license.

           This bill  provides that a person convicted of a violation of DUI  
          shall be required to install an ignition interlock device as  
          follows:
                 Upon a first offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by that person for a mandatory term of five moths that  
               begins once that person has provided proof of installation.
                 Upon a second offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by that person for a mandatory term of 12 months that  
               begins once that person has provided proof of installation.
                 Upon a third offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by that person for a mandatory term of 24 months that  




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               begins once that person has provided proof of installation.
                 Upon a fourth or any subsequent violation, the person  
               shall install an ignition interlock device in all vehicles  
               owned or operated by that person for a mandatory term of 36  
               months that begins once that person has provided proof of  
               installation.

           This bill  provides that upon a conviction for DUI with injury a  
          person shall install an ignition interlock device as follows:
                 Upon a first offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by that person for a mandatory term of 12 months that  
               begins once that person has provided proof of installation.
                 Upon a second offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by that person for a mandatory term of 24 months that  
               begins once that person has provided proof of installation.
                 Upon a third offense, the person shall install an  
               ignition interlock device in all vehicles owned or operated  
               by the person for a mandatory term of 36 months that begins  
               once that person has provided proof of installation
                 Upon a fourth offense, or any subsequent violation, the  
               person shall install an ignition interlock device in all  
               vehicles owned or operated by that person for a mandatory  
               term of 48 months that begins once the person has provided  
               proof of installation.

           This bill  provides that a person who is notified by DMV is  
          exempt from the mandatory ignition interlock requirements if  
          within 30 days of the notification, the person certifies to DMV  
          all of the following:
                 The person does not own a vehicle.
                 The person does not have access to a vehicle at his or  
               her residence.
                 The person no longer has access to the vehicle being  
               driven by the person at the time he or she was arrested for  
               the DUI.
                 The person acknowledges that he or she is only allowed  
               to drive a vehicle that is fitted with a functioning  
               ignition interlock device.




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                 The person acknowledges that he or she is required to  
               have a valid driver's license before he or she can drive.
                 The person is subject to the requirement of this section  
               when he or she purchases or has access to a vehicle.

           This bill  provides that every manufacturer and manufacturer's  
          agent certified by DMV to provided ignition interlock devices  
          shall adopt the following fee schedule that provides for the  
          payment of the costs of the ignition interlock device by  
          offenders subject to this chapter in amounts commensurate with  
          that person's income relative to the federal poverty level, as  
          defined in Health and Safety Code Section 127400:
                 A person with an income at 100% of the federal poverty  
               level and below is responsible for 10 percent of the cost  
               of the ignition interlock device.  The ignition inter lock  
               device provider is responsible for absorbing the cost of  
               the ignition interlock device that is not paid by the  
               person.
                 A person with an income at 101 to 200% of the federal  
               poverty level is responsible for 25% of the cost of the  
               ignition interlock device.  The ignition interlock device  
               provider is responsible for absorbing the cost of the  
               ignition interlock device that is not paid by the person.
                 A person with an income at 201 to 300% of the federal  
               poverty level is responsible for 50% of the cost of the  
               ignition interlock device.  The ignition interlock device  
               provider is responsible for absorbing the cost of the  
               ignition interlock device that is not paid by the person.
                 All other offenders are responsible for 100% of the cost  
               of the ignition interlock device.

           This bill  provides that the cost of the ignition interlock  
          device may only be raised annually equal to the Consumer Price  
          Index.

           This bill  provides that the offender's income may be verified by  
          presentation of that person's current federal income tax return  
          or three months of monthly income statements.

           This bill  provides that for the purposes of this section  




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          "vehicle" does not include a motorcycle until the state  
          certifies an ignition interlock device that can be installed on  
          a motorcycle.  A person subject to an ignition interlock device  
          restriction shall not operate a motorcycle for the duration of  
          the ignition interlock restriction period.

           This bill  requires DMV to receive nonstate funds for the  
          programming costs of the pilot program by January 31, 2010, in  
          order for DMV to implement the program.

           This bill  provides that on or before January 1, 2014, DMV shall  
          report to the Legislature regarding the effectiveness of the  
          pilot program in reducing the number of first-time violations  
          and repeat offenses in the counties of Alameda, Los Angeles, and  
          Sacramento.
                                          


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125% (an average  
          of 4% annually) over the past 20 years, growing from 76,000  
          inmates to 171,000 inmates, far outpacing the state's population  
          growth rate for the age cohort with the highest risk of  
          incarceration.<1>

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          ---------------------------
          <1>  "Between 1987 and 2007, California's population of ages 15  
          through 44 - the age cohort with the highest risk for  
          incarceration - grew by an average of less than 1% annually,  
          which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:

               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state.  There are simply too many  
               prisoners for the existing capacity.  The Governor,  
               the principal defendant, declared a state of emergency  
               in 2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them."  . . .  A state appellate court upheld the  
               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)  The Governor's declaration of the  
               state of emergency remains in effect to this day.

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.

               . . .

               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.





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               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  
               period of two or three years.<2>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.

                                      COMMENTS

          1.    Need for This Bill 

          According to the author:

              DUI has proven to be an enormous problem in California.   
              In 2007, there were 203,866 DUI arrests made statewide  
              in California, which averages out to 558 DUI arrests  
              every day.  Of those arrests, 45,149 were repeat  
              offenders.  In this same year, DUI drivers caused 53,261  
              collisions, resulting in the death of 1501 people.  This  
              is 518 more people killed as a result of driving under  
              the influence than in 2006. 
              -----------------------
          <2>  Three Judge Court Tentative Ruling, Coleman v.  
                                                  Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (Feb. 9, 2009).



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              Interlock ignition devices (IIDs) have uniformly  
              demonstrated, when utilized effectively, that they can  
              reduce DUI recidivism from 40 to 95 percent.  IIDs have  
              already been implemented with positive results in New  
              Mexico, Texas, Washington and many others states.   
              California has not seen results from IIDs because they  
              have not been consistently ordered to be installed.   
              Unless installed, IIDs cannot work.  This bill would  
              require the use of IIDs by a person convicted of a DUI  
              offense.  These DUI offenders would be eligible for  
              restricted driver's licenses only after they have  
              completed a required period of mandatory suspension and  
              have installed the required IID.  

              Under current law, the courts have the discretion, but  
              are not mandated, to require the installation of an IID  
              for first-time and repeat DUI offenders.  Data shows  
              that, statewide, only 4.3 percent of DUI offenders are  
              actually ordered to install an IID.



          2.    Mandatory IID Pilot Project  

          a. Applies to all offenders.

          This bill requires DMV to create a pilot project in three  
          counties.  A person convicted of a DUI or DUI with injury will  
          be required under the pilot project to install an ignition  
          interlock device (IID) on any vehicles he or she owns or has  
          access to.  

          This bill applies to all levels of offenders.  Currently all DUI  
          offenders face high fines, suspended license sanctions and  
          mandatory DUI programs before having a license reinstated.  An  
          IID will be an additional cost on all the offenders.  While DUI  
          arrest numbers may be up, the rate of DUI offenses, while  
          fluctuating slightly year to year, remains significantly lower  
          than it was in the early 1990s before the attendance at the DUI  




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          programs was mandated in 1994.  For example, according to the  
          DMV's 2009 Annual Report of the California DUI Management  
          Information System<3> "the DUI arrest rate per 100 licensed  
          drivers was 0.9 in 2007, up from 0.8 in 2000-2006.  This  
          represents a 50% reduction from the 1.8 rate in 1990."   
          Furthermore, "after 5 years, the proportion of DUI offenders  
          reoffending in the 1994 group was much lower (18%) compared to  
          the proportion reoffending in the 1984 group (27%) and in the  
          1980 group (35%).  The 2000 group of DUI offenders had the  
          lowest proportion of reoffenses (17%)."  The addition of the  
          program sanction in 1994 seemed to have a significant effect on  
          the recidivism rate of all offenders.   

          DMV's 2005 report on interlock in California<4> had among its  
          recommendations that California should deemphasize the use of  
          IID for first offenders.  Specifically it recommended:

               The results of this outcome study clearly show that  
               IIDs are not effective in reducing DUI convictions or  
               incidents for first DUI offenders, even those with  
               high BACs at arrest.  While their high blood alcohol  
               levels suggest that they are an alcohol-dependent  
               population, ignition interlock does not appear to be  
               the answer to reducing their drinking and driving  
               risk.  This conclusion finds support in a study that  
               interviewed drivers, and found that first offenders  
               were more hostile to interlocks and regarded them as  
               less useful, compared to repeat offenders (Baker,  
               1988).  Because there is no evidence that interlocks  
               are an effective traffic safety measure for first DUI  
               offenders, the use of the devices should not be  
               emphasized, even for those first offenders with high  
               BACs at the time of arrest, as is currently done in  
               ----------------------
          <3>  
          http://www.dmv.ca.gov/about/profile/rd/2009_DUI_MIS_Report_with_% 
          20Eratta_1-2.pdf
          <4>  
          http://www.dmv.ca.gov/about/profile/rd/r_d_report/Section%205/217 
          _ignition_interlock_technical_report.pdf




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               California Vehicle Code (CVC) Section 23575 (a)(1).

          It is it appropriate to mandate IID on all offenders?  If so,  
          are there any negative implications, such as will the added cost  
          cause more people to "drop out," not participate in the program  
          or do the other things needed to get a valid license reinstated.  
           The recidivism rates have been down since the programs were  
          mandated; for example, "the 1-year recidivism rates for all  
          first offenders in 2006 continued to remain at the lower level  
          of the past eight years. The DUI reoffense rate for first  
          offenders arrested in 2006 was 40.8% lower than the reoffense  
          rate for first offenders arrested in 1990" (2009 Annual Report  
          of the California DUI Management Information System).  Would it  
          be more appropriate to see what impact on recidivism the IID  
          mandate has on repeat offenders before mandating them on first  
          offenders?

          SHOULD THE PILOT PROJECT MANDATE IID ON ALL OFFENDERS?

          b. Length of interlock requirement.

          The length for which an offender will have to have installed the  
          mandated IID will depend on the offense as follows:
           First offense-5 months.
           First offense with injury-12 months.
           Second offense-12 months.
           Second offense with injury- 24 months.
           Third offense-24months.
           Third offense with injury-36months.
           Fourth or subsequent offense-36 months.
           Fourth or subsequent offense with injury-48 months.

          The term begins once a person has provided proof of  
          installation.  Should the time start from the date of  
          installation?  Since a person cannot drive until the license is  
          reinstated with the IID restriction, it is possible that a  
          person could have the IID installed and then have a delay of a  
          few days or even a week before he or she can get someone else to  
          take them to DMV to submit the proof of installation.  Shouldn't  
          their time start running from the date the IID was installed  




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          which should be indicated on the proof of installation sheet?

          SHOULD THE TIME FOR THE IID START ON INSTALLATION?
           
          c. Counties in the pilot.

          This bill creates the pilot in three urban counties, Alameda,  
          Los Angeles, and Sacramento.  These are counties with high DUI  
          numbers because of their sizes but do not necessarily have  
          highest DUI rates.  While DUI arrests generally have been going  
          down, the 2009 Annual Report indicated that Hispanics again  
          represented the largest ethnic group among arrestees as they  
          have every year since 1992.  Their arrest rate continues to be  
          "substantially higher than their estimated 2007 population  
          parity" rate.  Furthermore, "in some counties where the  
          population of Hispanics is high, the DUI arrest rate is also  
          high.  For example, in the following eight counties, Hispanics  
          comprised 60% or more of those arrested for DUI during 2007:  
          Tulare (76.6%), San Benito (70.2%), Imperial (69.5%), Merced  
          (67.4%), Monterey (67.0%), Fresno (66.8%), Madera (63.2%), and  
          Kings (61.2%).  However, in most other counties, the majority of  
          arrestees were White." (id., DMV 2009 Report at p. 7)  Would it  
          be appropriate to substitute one of these more rural counties  
          for one of the urban counties currently in the bill?  Kings,  
          Merced, Monterey, San Benito and Tulare Counties have higher DUI  
          conviction rates than Alameda or Los Angeles and most have  
          higher rates than Sacramento.  Wouldn't a study that included  
          one of these counties with a higher population of Hispanics with  
          a high rate of arrest give us a better understanding of any  
          impact a statewide mandate on IID would have?

          SHOULD A RURAL COUNTY BE SUBSTITUTED FOR ONE OF THE URBAN  
          COUNTIES?

          d. Owns or has access to.

          This bill provides that a person must install an IID on any  
          vehicle that the person owns or operates.  However, in order to  
          be exempted from the requirements, it states the person must  
          certify to DMV that the person does not have access to a vehicle  




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          at his or her residence.  It is unclear what "access to" means.   
          Does a person have access to a vehicle if his or her roommate  
          has a car that he or she does not have the right to drive and  
          has never driven?  What if a person lives with a family member  
          who has a car but does not have the DUI defendant on his or her  
          insurance?  What if the person has occasionally in the past  
          borrowed a neighbor's car to do an errand for a neighbor?  Is  
          that considered access to?  Is the standard that a person has  
          access to a vehicle a higher standard than the requirement that  
          the person put an IID on any car he or she owns or operates?   
          Should this language be clarified to be consistent?

          WHAT DOES HAVE "ACCESS TO" MEAN?  IS IT THE SAME AS OWNS OR  
          OPERATES?

          3.    Study  

          This bill requires DMV to report to the Legislature regarding  
          the effectiveness of the pilot project in reducing the number of  
          first-time violations and repeat offenses in the specified  
          counties. One of the issues with any study on an IID is when the  
          IIDs are not assigned randomly.  It is not possible to have a  
          true comparison group.  A more scientific way to conduct a study  
          would be to have DMV randomly assign the mandated IID to  
          individuals within the counties in the study, perhaps by the  
          last number in their driver's license or some other random  
          method.  In the alternative, maybe this bill should specifically  
          state that this study should compare the counties in the pilot  
          with counties that currently have a similar rate of DUI  
          convictions.  Since the counties in the study do not currently  
          have the highest rates, a comparison to other counties that  
          currently have higher rates might not lead to accurate results.   
          It might also be useful to compare a county which mandates the  
          IID to a county in which offenders can elect to install an IID  
          as allowed under SB 598 (Huff).  This would be a good way to  
          compare what the most effective use of an IID as a sanction  
          would be.  (See Comment 6 below.)

          The study in this bill is required to be filed on January 14,  
          2014.  The section itself does not become effective until July  




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          1, 2010, so this would give DMV less than 4 years to conduct the  
          study.  Realistically, in order to have time to do the study,  
          the time frame studied would be about 3 years.  This will not  
          give DMV any real information on how an IID mandate will impact  
          recidivism if many of those mandated to have the IID will still  
          have the IID on his or her vehicle when the data is collected.   
          The study due date and the sunset date should be extended to  
          give DMV at least four or preferably five years of data on the  
          mandated offenders.

          SHOULD THE STUDY PROVIDE THAT DMV RANDOMLY ASSIGN THE IID  
          MANDATE WITHIN THE COUNTY TO GET A TRUE CONTROL GROUP?

          SHOULD THE STUDY COMPARE THE COUNTIES IN THE PILOT WITH COUNTIES  
          THAT CURRENTLY HAVE A SIMILAR ARREST AND CONVICTION RATE THAT  
          WILL NOT HAVE THE MANDATED IID?

          SHOULD THE DATE THE REPORT IS DUE BE EXTENDED SO THAT THE DMV  
          HAS AT LEAST FOUR OR MORE YEARS OF DATA TO STUDY?

          4.   Ability to Pay

           This bill provides that a person who makes less than 301% of the  
          poverty level only needs to pay a portion of the cost of the  
          IID.  The federal poverty level is $10,830 for a single person  
          and 22,050 for a family of four.  A person who makes this amount  
          would only need to pay 10% of the cost of the IID.  A single  
          person who made up to 200% of the poverty level or $21,660 or a  
          person who is the head of household for a family of four who  
          made $44,100 would have to pay 25% of the cost of the IID.   
          Finally a single person who made up to 300% of the poverty level  
          or $32,490 or a head of household of a family of four who makes  
          $66,150 must pay up to 50% of the cost of the IID.  A person who  
          makes a dollar more than that is responsible for 100% of the IID  
          fees.  In general, the fines, fees and cost associated with a  
          DUI are approximately $6,000-$10,000 without an attorney and  
          without any additional insurance costs.  Any IID fees will be in  
          addition to these existing fees.  Is the poverty level a  
          realistic amount for determining who can and cannot afford to  
          pay for an IID?




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          The California Association of Ignition Interlock Service  
          Professionals object to the mandated reduction of fees under  
          this bill.  They argue that such mandated reduction does not  
          occur in other states where IIDs are mandated nor does it occur  
          elsewhere in the law.  They argue that the state:

              [S]hould either look to a State-managed assistance fund  
              ? or leave well enough alone related to fees for IID  
              services; trusting that, as they have for the better  
              part of the past  20years  , required users will find a way  
              to afford the IID by reduction or elimination of alcohol  
              consumption and/or other deleterious habits.  What  
              California should  NOT  do, is require such assistance be  
              provided by IID manufacturers and service providers at  
              the levels required by this legislation, which will  
              surely result in fewer IID manufacturers and service  
              providers offering their services in the respective  
              counties in the pilot program, or the State entirely; as  
              the cost of doing business (above what it is already)  
              will be too excessive for many current IID service  
              providers to offer this service profitably.  (emphasis  
              in original)





















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           While the fee schedule is not set in code like the one in this  
          bill, Health and Safety Code Section 11837.4 (b)(2)(A) with  
          regard to the mandated licensed drinking driver treatment  
          programs does provide that the fees for the programs be approved  
          by the Department of Alcohol and Drug programs and that a  
          person's ability to pay must be considered.  Specifically it  
          provides:

              The department [of Alcohol and Drug Programs] shall  
              approve all fee schedules for the programs and shall  
              require that each program be self-supporting from the  
              participants' fees and that each program provide for the  
              payment of the costs of the program by participants at  
              times and in amounts commensurate with their ability to  
              pay in order to enable these persons to participate.   
              Each program shall make provisions for persons who can  
              successfully document current inability to pay the fees.  
               Only the department may establish the criteria and  
              procedures for determining a participant's ability to  
              pay.  The department shall ensure that the fees are set  
              at amounts that will enable programs to provide  
              adequately for the immediate and long-term continuation  
              of services required pursuant to this chapter.  The fees  
              shall be used only for the purposes set forth in this  
              chapter, except that any profit or surplus that does not  
              exceed the maximum level established by the department  
              may be utilized for any purposes allowable under any  
              other provisions of law.  In its regulations, the  
              department shall define, for the purposes of this  
              paragraph, taking into account prudent accounting,  
              management, and business practices and procedures, the  
              terms "profits" and "surplus."  The department shall  
              fairly construe these provisions so as not to jeopardize  
              fiscal integrity of the programs.  The department may  
              not license any program if the department finds that any  
              element of the administration of the program does not  
              assure the fiscal integrity of the program.
               
           IS THE POVERTY LEVEL THE REALISTIC MARKER FOR WHAT A PERSON CAN  




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          AFFORD TO PAY FOR AN IID?

          WILL THE MANDATED SUBSIDIES BY THE IID INDUSTRY RESULT IN FEWER  
          PROVIDERS AVAILABLE IN THE STATE?
           
           5.    Non-state Funds  

          This bill provides that DMV shall not implement this bill if by  
          January 31, 2010, DMV fails to obtain non-state funds for the  
          programming costs of the pilot program.  The term non-state  
          funds would allow this pilot to be funded not only by Federal  
          funds that may be available, but also funds supplied by the IID  
          industry or advocacy groups.  Is it appropriate to fund a state  
          mandated pilot project in this way, or should the funding be  
          limited to funds from Federal or other non-state grants?

          WILL THE TERM NON-STATE FUNDS ALLOW A FUNDING OF THE PILOT BY  
          INDUSTRY OR INTERESTED ADVOCACY GROUPS?

          6.    SB 598 (Huff)  

          On May 4, 2009, this Committee heard and passed SB 598 (Huff)  
          with Benoit, Leno and Hancock added as co-authors.  It provides  
          that a person who has a 2nd or subsequent DUI may get a  
          restricted license earlier than the law currently allows, if he  
          or she shows proof of installation of an IID.  This bill is  
          consistent with one of the recommendations in the DMV's 2005  
          Report on Interlock in California which stated:

              The results of this study show that second DUI  
              offenders who serve half of their suspension period,  
              and install an IID in order to obtain a restricted  
              driver license, have a lower risk of DUI recidivism  
              than their counterparts who remain suspended.  This  
              supports the findings of a randomized study of multiple  
              DUI offenders in Maryland, who installed IIDs in order  
              to reinstate their driver licenses (Beck et al., 1999).  
               While the results of both studies generalize only to  
              those repeat DUI offenders who choose to install an  
              IID, they do clearly show that interlocks can be  












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              effective for repeat DUI offenders.

          While SB 598 takes a different approach than this bill, because  
          this bill is a pilot project, both bills could take effect.   
          Because this bill is more specific as to specified counties, it  
          takes precedence in those counties once DMV established the  
          pilot projects.  As noted above, it would also be appropriate to  
          require the study in this bill to compare a county in which the  
          IID are mandated to similar counties in which the SB 598 is in  
          effect.  Perhaps, language should be taken to make this bill  
          contingent on the passing of SB 598 in order to assure that both  
          bills take effect and a determination can be made as to whether  
          the mandate approach or the opt-in approach leads to better  
          results.


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