BILL NUMBER: AB 2367	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 18, 2016

   An act to add and repeal Section 23583 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2367, as introduced, Cooley. Driving under the influence: 24/7
Sobriety program.
   Existing law prohibits a person who has 0.08% or more, by weight,
of alcohol in his or her blood from driving a vehicle. Existing law
also prohibits a person, while having 0.08% or more, by weight, of
alcohol in his or her blood from driving a vehicle and concurrently
doing any act forbidden by law, or neglecting any duty imposed by law
in driving the vehicle, when the act or neglect proximately causes
bodily injury to a person other than the driver. A violation of
either of these prohibitions is a crime. Existing law authorizes a
court, in addition to imposing penalties and sanctions for those
violations, to require the person to enroll and participate in, and
successfully complete, a driving-under-the-influence program, which
may include, among other things, education, group counseling, and
individual interview sessions.
   This bill would authorize the court to order a person convicted of
a crime described above to enroll and participate in, and
successfully complete, a qualified "24/7 Sobriety" monitoring
program, as defined, during probation or any other release that is
subject to the jurisdiction of the county probation department, if
the program is available and deemed appropriate, and the person has
one or more prior convictions for that crime. The bill would define a
"24/7 Sobriety program," in part, as requiring a person in the
program to abstain from alcohol and be subject to frequent testing
for alcohol. The bill would authorize a court to impose sanctions for
violations of the program by ordering the person to be incarcerated
in the county jail for no more than 12 hours for the first violation,
and no more than 24 hours for the 2nd and any subsequent violation.
The bill would require a person participating in the program to pay
the program costs, commensurate with the person's ability to pay, as
specified. The bill would require the Department of Motor Vehicles to
study and report to the Legislature by January 1, 2020, on the
success of the 24/7 Sobriety program in reducing the
driving-under-the-influence recidivism rate in counties where it is
used. These provisions would be repealed on January 1, 2021.
   By increasing penalties in connection with a conviction for
driving under the influence, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Alcohol consumption and driving under the influence impose
enormous health and safety costs on California. Problem drinkers
account for a disproportionate share of these costs. California has
had success with its current approach to driving under the influence
by lowering blood alcohol concentration limits and by focusing on
reducing the likelihood that individuals drive while intoxicated.
However, California has been less successful at targeting those with
an underlying alcohol problem that makes them more likely to
consistently drive while impaired.
   (b) Those with previous convictions for driving under the
influence are far more likely to recidivate than first-time
offenders. Moreover, these people are disproportionately involved in
alcohol-related traffic fatalities and are likely to have a diagnosis
of alcohol dependence.
   (c) In 2005, South Dakota started a pilot program called "24/7
Sobriety" and required those arrested for or convicted of
alcohol-related offenses to take twice-a-day breathalyzer tests or
wear a continuous alcohol monitoring bracelet. Those who fail or skip
their tests are immediately subject to certain but modest sanctions,
typically a day or two in jail. After a five-county pilot project,
the program grew to include more jurisdictions and offenses. Studies
have found that the total number of repeat
driving-under-the-influence arrests in counties operating the program
fell by 12 percent, and the total number of arrests for domestic
violence dropped by 9 percent.
  SEC. 2.  Section 23583 is added to the Vehicle Code, to read:
   23583.  (a) (1) In order to strengthen the pretrial and posttrial
options available to prosecutors and judges, the court may order a
person convicted of a violation of Section 23152 or 23153 to enroll
and participate in, and successfully complete, a qualified "24/7
Sobriety" monitoring program as a condition of probation or other
release that is subject to the jurisdiction of the county probation
department, if the program is available and deemed appropriate, and
the person has one or more prior convictions for a violation of
Section 23152 or 23153.
   (2) For purposes of this section, a "24/7 Sobriety program"
requires a person in the program to abstain from alcohol and requires
the person to be subject to frequent testing with certain but modest
punishment for violations. The program shall be evidence-based and
approved by the department. Persons ordered into the program may also
be required to participate in other driving-under-the-influence
programs as provided by other law. The program shall be licensed
pursuant to Section 11836 of the Health and Safety Code.
   (3) For purposes of this paragraph, the term "evidence-based
program" means a program that satisfies the requirements of at least
two of the following:
   (A) The program is included in the federal registry of
evidence-based programs and practices.
   (B) The program has been reported in a peer-reviewed journal as
having positive effects on the primary targeted outcome.
   (C) The program has been documented as effective by informed
experts and other sources.
   (b) As the court deems appropriate, the program may monitor
alcohol through one or more of the following modalities:
   (1) Breath testing, twice a day.
   (2) Continuous transdermal alcohol monitoring in cases of
hardship.
   (3) Random blood, breath, urine, or oral fluid testing.
   (c) Testing locations that provide the best ability to sanction a
violation as close in time as reasonably feasible to the occurrence
of the violation should be given preference.
   (d) In order to enable all required defendants to participate,
each person shall pay the program costs commensurate with the person'
s ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
   (e) The court, in establishing reporting requirements, shall
consult with the county probation department.
   (f) The court shall advise the person at the time of sentencing
that the driving privilege may not be restored until the person
provides proof satisfactory to the department of successful
completion of the program.
   (g) A violation of the program requirements may be punished by the
court ordering the person to be incarcerated in the county jail for
no more than 12 hours for the first violation, and no more than 24
hours for the second and any subsequent violation.
   (h) The department shall study and report to the Legislature by
January 1, 2020, on the success of the 24/7 Sobriety program
authorized pursuant to this section in reducing the
driving-under-the-influence recidivism rate in counties where it is
used. The report shall be submitted pursuant to Section 9795 of the
Government Code.
   (i) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.