Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1975

Introduced by Assembly Member Waldron

February 16, 2016

An act begin insert to amend Section 11837 of the Health and Safety Code, end insert relating to driving under the influence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1975, as amended, Waldron. Driving under the influence: alcohol abuse treatment.

Existing law makes it an offense to drive a vehicle while under the influence of alcohol. begin insert Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver’s county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. end insert

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This bill would require a court to impose an alcohol dependence assessment, as specified, as a condition of probation for a person in an 18-month or 30-month driving-under-the-influence program, or for a first offender who had a specified blood alcohol level. The bill would require the entity administering the assessment to advise the person, among other things, that there are medications that can address alcohol dependence, and that the person should consult his or her physician regarding the results of the assessment. The bill would state findings and declarations of the Legislature regarding driving under the influence.

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This bill would express the intent of the Legislature to enact legislation that would require American Society of Addiction Medicine assessments for certain individuals who are repeat offenders of driving under the influence of alcohol or who were driving under the influence with excessive blood alcohol levels, to determine if the individual needs treatment, and to refer the individual for additional services, as appropriate, including, but not limited to, physician services, counseling, treatment facility services, and medication-assisted treatment for alcohol abuse.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert The Legislature finds and declares the following: end insert

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(a) Great strides have been made over the last three decades
in raising awareness about the dangers of driving under the
influence (DUI). Nationwide educational campaigns, extensive
policy and statutory changes, and required participation in DUI
education and counseling programs for offenders have
substantially reduced the alcohol-related traffic fatality rate.
However, the latest California DUI report issued by the
Department of Motor Vehicles identifies a troubling trend in that
alcohol-involved crash fatalities increased by 1.6 percent in 2011
and 7.3 percent in 2012. More needs to be done to address, in
particular, the incidence of repeat DUI violators.

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(b) To improve public safety and improve health outcomes,
additional screening and assessment of both repeat DUI offenders
and first-time offenders with extremely high blood alcohol content
is necessary to determine if alcohol dependence issues exist. The
use of the American Society for Addiction Medicine (ASAM)
criteria, a widely used and nationally recognized set of guidelines
to assess, place, and discharge persons with addiction and
co-occurring conditions, would expand the use of data and science
to address alcohol abuse, promote referrals to medically necessary
treatment, when appropriate, and reduce fatalities and serious
injuries on public roads.

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(c) In 2007, the National Highway Traffic Safety Administration
(NHTSA), at the request of the California Office of Traffic Safety,
conducted an assessment of the state’s alcohol- and
drug-impaired-driving countermeasures program. The NHTSA’s
work resulted in identification of key issues of concern around
impaired driving and produced dozens of recommendations to
improve the state’s DUI countermeasures program. Among the
recommendations offered in the 2007 Impaired Driving Technical
Assessment of the State of California was a recommendation to
enact legislation to require all defendants convicted of driving
under the influence or reckless driving with alcohol or drugs be
screened to determine if a defendant requires treatment for
addiction and chemical dependency.

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(d) California and the Centers for Medicare and Medicaid
Services already require the use of the ASAM in other treatment
settings. Under the federally approved Drug Medi-Cal Organized
Delivery System waiver, counties will be required to use the ASAM
tool with the Drug Medi-Cal population.

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begin insert SEC. 2. end insert   

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begin insert Section 11837 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11837.  

(a) Pursuant to the provisions of law relating to
suspension of a person’s privilege to operate a motor vehicle upon
conviction for driving while under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic
beverage and any drug, as set forth in paragraph (3) of subdivision
(a) of Section 13352 of the Vehicle Code, the Department of Motor
Vehicles shall restrict the driving privilege pursuant to Section
13352.5 of the Vehicle Code, if the person convicted of that offense
participates for at least 18 months in a driving-under-the-influence
program that is licensed pursuant to this chapter.

(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors
and Navigation Code, in a licensed alcohol and other drug
education and counseling services program pursuant to Section
23538 of the Vehicle Code, or, pursuant to Section 23542, 23548,
23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed
18-month or 30-month program, the court may consider any
relevant information about the person made available pursuant to
a presentence investigation, that is permitted but not required under
Section 23655 of the Vehicle Code, or other screening procedure.
That information shall not be furnished, however, by any person
who also provides services in a privately operated, licensed
program or who has any direct interest in a privately operated,
licensed program. In addition, the court shall obtain from the
Department of Motor Vehicles a copy of the person’s driving
record to determine whether the person is eligible to participate in
a licensed 18-month or 30-month program pursuant to this chapter.
When preparing a presentence report for the court, the probation
department may consider the suitability of placing the defendant
in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol
or controlled substance problem. If the probation department
recommends that this type of program is a suitable option for the
defendant, the defendant who would like the court to consider this
option shall obtain from his or her physician a prescription for the
medication, and a finding that the treatment is medically suitable
for the defendant, prior to consideration of this alternative by the
court.

(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first offender
whose concentration of alcohol in his or her blood was less than
0.20 percent, by weight, to participate for at least three months or
longer, as ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those education,
group counseling, and individual interview sessions described in
this chapter.

(2) Notwithstanding any other begin delete provision of end delete law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person’s blood was 0.20 percent
or more, by weight, or the person refused to take a chemical test,
the court shall order the person to participate, for at least nine
months or longer, as ordered by the court, in a licensed program
that consists of at least 60 hours of program activities, including
those education, group counseling, and individual interview
sessions described in this chapter.

(d) (1) The State Department of Health Care Services may
specify in regulations the activities required to be provided in the
treatment of participants receiving nine months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.

(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the
Vehicle Code.

(e) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though
the person’s privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section
23542 or 23562 of the Vehicle Code or a 30-month program
described in Section 23548, 23552, or 23568 of the Vehicle Code
may include treatment of family members and significant other
persons related to the convicted person with the consent of those
family members and others as described in this chapter, if there is
no increase in the costs of the program to the convicted person.

(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate
in the abstract of the record of the court that is forwarded to the
department.

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(g) The court shall order, as a condition of probation for the
following persons, the administration of the American Society for
Addiction Medicine (ASAM) criteria to assess alcohol dependence
and to inform the development of an individual’s comprehensive
treatment plan:

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(1) A first-time offender whose concentration of alcohol in his
or her blood was 0.16 percent or greater.

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(2) A person referred to an 18-month program described in
Section 23542 or 23562 of the Vehicle Code.

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(3) A person referred to a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code.

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(h) The entity administering the assessment required by
subdivision (g) shall advise the person subject to the assessment
of all of the following:

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(1) That the person should consult with his or her physician to
discuss the results of the assessment, including any medically
necessary services.

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(2) If the person’s physician determines that substance use
disorder treatment is medically necessary, that the person should
be referred to a licensed residential or certified outpatient
treatment program.

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(3) That there are medications approved by the Federal Drug
Administration that can address alcohol dependence.

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(i) The goal of the assessment required by subdivision (g) is to
assist persons participating in the program to recognize their
chemical dependency and to assist them in their recovery.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would require American Society of Addiction
Medicine assessments for certain individuals who are repeat
offenders of driving under the influence of alcohol or who were
driving under the influence with excessive blood alcohol levels to
determine if the individual needs treatment and to refer the
individual for additional services, as appropriate, including, but
not limited to, physician services, counseling, treatment facility
services, and medication-assisted treatment for alcohol abuse.

end delete