BILL ANALYSIS Ó
AB 1975
Page 1
Date of Hearing: April 12, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1975 (Waldron) - As Amended March 17, 2016
SUMMARY: Requires 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. Specifically, this bill:
1)Requires a court to impose an alcohol dependence assessment 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 blood alcohol content (BAC) of .16, or
above.
2)States that the alcohol dependence assessment be based on the
administration of the American Society for Addiction Medicine
(ASAM) criteria.
3)Requires the entity administering the assessment to advise the
person subject to the assessment of all of the following:
a) That the person should consult with his or her physician
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to discuss the results of the assessment, including any
medically necessary services;
b) 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;
c) That there are medications approved by the Federal Drug
Administration that can address alcohol dependence;
d) 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.
EXISTING LAW:
1)Defines "Driving-Under-the-Influence Program" as "a firm,
partnership, association, corporation, or local governmental
agency, which has been recommended by the county board of
supervisors and subsequently licensed by the Department, in
accordance with this Chapter, to provide alcohol and other
drug education and counseling services to specified
individuals, including those convicted of a DUI." (Code of
Regs, Title IX, § 9800, subd. (c).)
2)Requires within the first 60 days of participation, the DUI
program to complete an assessment of each participant's
alcohol or drug use. (Code of Regs, Title IX, § 9849, subd.
(a).)
3)Specifies the assessment shall address patterns and history of
alcohol and other drug use, addiction treatment history,
gender, age, work status, family substance abuse history,
legal history, and current health status. (Code of Regs, Title
IX, § 9849, subd. (a).)
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4)States that the alcohol and drug assessments shall be
conducted by DUI program counselors who meet the specified
qualifications. (Code of Regs, Title IX, § 9849, subd. (b).)
5)Requires the counselor conducting the assessment to discuss
the results of the alcohol or drug assessment with the
participant. (Code of Regs, Title IX, § 9849, subd. (c).)
6)Requires as part of the assessment, that the counselor
recommend any ancillary services he/she thinks would be
potentially beneficial to the participant. (Code of Regs,
Title IX, § 9849, subd. (d).)
7)States that the counselor shall record the results of the
participant's alcohol or drug assessment, the follow up
discussion, and the recommendations for ancillary services in
the participant's case record. (Code of Regs, Title IX, §
9849, subd. (d).)
8)Requires the participant and the counselor to sign and date
the results of the assessment and follow up discussion. (Code
of Regs, Title IX, § 9849, subd. (e).)
9)Specifies that if a person is convicted of a violation of
Section DUI or DUI with injury, the court shall consider a
concentration of alcohol in the person's blood of 0.15 percent
or more, by weight, or the refusal of the person to take a
chemical test, as a special factor that may justify enhancing
the penalties in sentencing, in determining whether to grant
probation, and, if probation is granted, in determining
additional or enhanced terms and conditions of probation.
(Veh. Code § 23578.)
10)States that the court shall impose as a condition of
probation, upon conviction of a first DUI, that the driver
shall complete a DUI program, licensed as specified, in the
driver's county of residence or employment, as designated by
the court. (Veh. Code § 23538, subd. (b).)
11)Requires the court to order a first DUI offender whose
blood-alcohol concentration was less than 0.20 percent, by
AB 1975
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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. (Veh. Code § 23538,
subd. (b)(1).)
12)Requires the court to order a first DUI offender whose
blood-alcohol concentration was 0.20 percent or more, by
weight, or who refused to take a chemical test, 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. (Veh. Code § 23538, subd. (b)(2).)
13)States that the court shall advise the person at the time of
sentencing that the driving privilege shall not be restored
until proof satisfactory to the department of successful
completion of a DUI program of the length required under this
code that is licensed , as specified, has been received in the
department's headquarters. (Veh. Code § 23538, subd. (b)(3).)
14)Specifies that instead the specified DUI education, a court
may impose, as a condition of probation, that the person
complete a live in program dealing with substance abuse, if
the person consents and has been accepted into that program.
(Veh. Code, § 23598.)
15) Requires the court to refer a first time DUI 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 a condition of probation, in a licensed
program that consists of at least 30 hours of program
activities. (Health & Saf. Code § 11837, subd. (c)(1).)
16)States that the court shall require the person convicted of a
second DUI to do either of the following:
a) Enroll and participate, for at least 18 months
subsequent to the date of the underlying violation, in a
driving-under-the-influence program licensed, as specified,
as designated by the court; or (Veh. Code, § 23542, subd.
(b)(1).)
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b) Enroll and participate, for at least 30 months
subsequent to the date of the underlying violation and in a
manner satisfactory to the court, in a
driving-under-the-influence program licensed, as specified.
(Veh. Code, § 23542, subd. (b)(2).)
17)Requires the court to order a first time DUI offender whose
concentration of alcohol in the person's blood was 0.20
percent or more, or the person refused to take a chemical
test, 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, as a condition of
probation. Health & Saf. Code § 11837, subd. (c)(2).)
18) States that each county alcohol program administrator or the
administrator's designee shall develop, implement, operate,
and administer an alcohol and drug problem assessment program
pursuant to this article for each person described in
subdivision (b). The alcohol and drug problem assessment
program may include a referral and client tracking component.
(Veh. Code, § 23646, subd. (a).)
19)Requires the court to order a person to participate in an
alcohol and drug problem assessment program, as specified, if
the person was convicted of a violation of DUI or DUI with
injury that occurred within 10 years of a separate conviction
of DUI or DUI with injury. (Veh. Code, § 23646, subd. (b)(1).)
20)Allows a court may order a person convicted of a violation of
DUI or DUI with injury to attend an alcohol and drug problem
assessment program. (Veh. Code, § 23646, subd. (b)(2).)
21)Authorizes a court to order a person convicted of a first DUI
or first DUI with injury, if the program assessment recommends
additional treatment, to order the person to enroll,
participate, and complete an enhanced treatment program. (Veh.
Code, § 23646, subd. (b)(3)(B).)
22)Requires the court order a person convicted of a violation of
DUI or DUI with injury who has previously been convicted of a
violation of DUI or DUI with injury that occurred more than 10
years ago, or has been previously convicted of a specified
AB 1975
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substance abuse violation, to attend and complete an alcohol
and drug problem assessment. (Veh. Code, § 23646, subd.
(b)(3)(A).)
23)States that the State Department of Health Care Services
shall establish minimum specifications for alcohol and other
drug problem assessments and reports. (Veh. Code, § 23646,
subd. (c).)
24)Requires each county to prepare, or contract to be prepared,
an alcohol and drug problem assessment report on each person
required to get an assessment. (Veh. Code, § 23648, subd.
(a).)
25)States that the assessment report shall include, if
applicable, a recommendation for any additional treatment and
the duration of the treatment and the assessment report shall
be submitted to the court not more than 14 days after the date
the assessment was conducted. (Veh. Code, § 23648, subd. (b).)
26)Specifies that within 30 days of the receipt of the report,
the court shall order the person to complete the
recommendations set forth in the report in satisfaction of the
terms and conditions of probation.
27)States that if the court elects not to order the completion
of the recommended plan, the court shall specify on the record
its reason for not adopting these recommendations. (Veh. Code,
§ 23648, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "The ASAM
assessment is a widely used and nationally recognized set of
guidelines to assess, place, and discharge persons with
addiction and co-occurring conditions. Under the federally
approved Drug Medi-Cal Organized Delivery System (DMC-ODS)
waiver, counties will be required to use the ASAM tool with
the Drug Medi-Cal population, a sign that the substance use
disorder treatment system is evolving and moving toward a more
AB 1975
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evidence-based set of practices.
"This measure would incorporate for the DUI population most at
risk to reoffend an evidence-based practice that would
evaluate individuals' risks and needs. In consultation with
the person's medical provider, this important information
would lead to referrals to appropriate treatment for purposes
of addressing underlying addiction issues and identifying
appropriate courses of treatment."
2)Existing Law Already Requires A Substance Abuse Assessment as
Part of DUI Programs: Title IX of California's Code of
Regulations provides the requirements for DUI programs. As
part of those requirements, Title IX mandates that DUI
programs include an alcohol and/or drug assessment.
DUI programs are ordered by the courts as a condition of
probation when an individual is convicted of a DUI. The DUI
programs ordered for a conviction of a DUI offense range from
a minimum of a 3 month program to a maximum of a 30 month
program. An individual convicted of a first time DUI
generally attends a 3 month program, allow with specified
alcohol levels the first time DUI offender is required to
attend a 9 month program. An individual that is convicted of
a second (or more) DUI offense within a 10 year period is
ordered to participate in an 18 or 30 month DUI program.
These DUI programs are all required by Title IX to administer
substance abuse assessments to the individuals in the program.
Title IX specifies that the substance abuse assessments must
include the following:
a) Requires within the first 60 days of participation, the
DUI program to complete an assessment of each participant's
alcohol or drug use. (Code of Regs, Title IX, § 9849, subd.
(a).)
b) Specifies the assessment shall address patterns and
history of alcohol and other drug use, addiction treatment
history, gender, age, work status, family substance abuse
AB 1975
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history, legal history, and current health status. (Code of
Regs, Title IX, § 9849, subd. (a).)
c) States that the alcohol and drug assessments shall be
conducted by DUI program counselors who meet the specified
qualifications. (Code of Regs, Title IX, § 9849, subd.
(b).)
d) Requires the counselor conducting the assessment to
discuss the results of the alcohol or drug assessment with
the participant. (Code of Regs, Title IX, § 9849, subd.
(c).)
e) Requires as part of the assessment, that the counselor
recommend any ancillary services he/she thinks would be
potentially beneficial to the participant. (Code of Regs,
Title IX, § 9849, subd. (d).)
f) States that the counselor shall record the results of
the participant's alcohol or drug assessment, the follow up
discussion, and the recommendations for ancillary services
in the participant's case record. (Code of Regs, Title IX,
§ 9849, subd. (d).)
g) Requires the participant and the counselor to sign and
date the results of the assessment and follow up
discussion. (Code of Regs, Title IX, § 9849, subd. (e).)
In addition the assessment provided as part of the DUI
Programs, there are also provisions in current law that
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authorize a court to order an alcohol assessment when a
defendant has been convicted for a DUI and has additional
specified circumstances. (Veh. Code, §§ 23646 and 23648.)
3)Unclear Who Pays the Cost for the Assessment Required by This
Bill: Although this bill mandates that the assessment takes
place when the defendant is placed on probation for specified
DUI offenses, this bill does not indicate who is expected to
pay for the assessment.
If the defendant is required to pay for the assessment, this
bill does not make any allowance for economic hardship when a
defendant does not have the means to pay the costs of the
substance abuse assessment. Requiring the defendant to pay
for the costs of an assessment regardless of their economic
can result in a responsibility the individual simply does not
have an ability to meet. The assessment model established by
this bill might not be sustainable without a reliable source
of funding to pay for the assessments.
4)ASAM Assessment Criteria: The American Society of Addiction
Medicine (ASAM) Criteria are the most widely used guidelines
for assessment, service planning, placement, continued stay
and discharge of patients with addictive disorders.
( http://www.naadac.org/understandingthenewasamcriteria )
ASAM's treatment criteria provide separate placement criteria
for adolescents and adults to create comprehensive and
individualized treatment plans. Adolescent and adult
treatment plans are developed through a multidimensional
patient assessment over five broad levels of treatment that
are based on the degree of direct medical management provided,
the structure, safety and security provided and the intensity
of treatment services provided.
The multidimensional assessment is meant to address the
patient's needs, obstacles and liabilities, as well as the
patient's strengths, assets, resources and support structure.
( http://www.asam.org/quality-practice/guidelines-and-consensus-
documents/the-asam-criteria/about )
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5)Argument in Support: According to Alcohol Justice,
"Alcohol-impaired driving is a serious problem. According to
the California Office of traffic Safety over a quarter of
traffic fatalities involve alcohol-impaired driving. In 2014,
nearly 900 deaths were reported as a result of
alcohol-impaired driving in the state. In addition to the
incredible emotional toll on families, the state estimates
that the average alcohol-impaired fatality costs $3.8 million,
including $1 million in monetary costs and $2.8 million in
quality of life losses.
"The National Highway Traffic Safety Administration reports that
a majority of drinking drivers involved in crashes involving
fatalities had a BAC of .15 or higher. Furthermore, the
California Department of Motor Vehicle reported that over a
quarter of all DUI arrests in California re of repeat
offenders in 2014 and that the BAC level for these offenders
was typically higher than that of first time offenders.
"AB 1975 would direct treatment and services to those most at
risk of driving with high BAC levels; helping to reduce
alcohol-impaired traffic fatalities. Along with the eventual
lowering of the Blood Alcohol Limits to .05 BAC in California,
this will be an important addition to reducing acute
alcohol-related harm. We enthusiastically support its
passage."
6)Related Legislation:
a) AB 2367 (Cooley), would allow courts to order a
defendant convicted of two or more DUIs within a 10 year
period to attend a 24/7 sobriety program as a condition of
probation. AB 2367 is awaiting hearing in the Assembly
Appropriations Committee.
b) SB 1046 (Hill), would require a person who has been
convicted of DUI, as specified, to install an ignition
interlock device on all vehicles that he or she owns or
operates for a specified period of time; and would
authorize a person, if all other requirements are
satisfied, including the installation of an ignition
interlock device, to apply for a restricted driver's
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license without completing a period of license suspension
or revocation. SB 1046 is awaiting hearing in the Senate
Appropriations Committee
7)Prior Legislation: SB 1694 (Torlakson), Chapter 550, Statutes
of 2004, requires a court to order a person who has previously
been convicted of either a DUI offense that occurred over 10
years ago or disorderly conduct based on being found in a
public place under the influence of alcohol or drugs, and who
is currently convicted of a DUI offense to attend and complete
that program. Authorizes a court, if the program assessment
recommends additional treatment, to order the person to
enroll, participate, and complete an enhanced treatment
program.
REGISTERED SUPPORT / OPPOSITION:
Support
Alcohol Justice
Opposition
None
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744