Amended in Assembly April 11, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2367

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 amended, 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, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol begin insert and unauthorized controlled substances end insert and be subject to frequent testing for alcohol begin insert and controlled substances end insert , as specified. 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. begin insert The bill would provide that a person in the program may obtain a temporary restricted driver’s license upon proof of insurance, as specified. end insert 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.

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

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 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, if the
program is available and deemed appropriate, and the person
committed the current violation within 10 years of one or more
separate violations of Section 23152 or 23153 that resulted in a
conviction.

(2) For purposes of this section, a “24/7 Sobriety program”
requires a person in the program to abstain from alcohol begin insert and
unauthorized controlled substances end insert and requires the person to be
subject to frequent testing for begin delete alcohol, end delete begin insert alcohol or controlled
substances, end insert with certain but modest punishment for violations of
the program. The program shall be begin delete evidence-based and approved
by the department. end delete begin insert evidence-based. end insert 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 subdivision, 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 begin insert or controlled substances end insert 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, begin insert sweat, end insert 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.

begin insert

(e) The court shall not impose a program of more than 180 days
in length unless the defendant tests positive for alcohol or an
unauthorized controlled substance or fails to appear for a test.

end insert begin delete

(e)

end delete

begin insert (f) end insert  The court, in establishing reporting requirements, shall
consult with the county probation department.

begin insert

(g) (1) The court may notify the department that a person
participating in the program who provides proof of insurance is
eligible for a temporary restricted driver’s license.

end insert begin insert

(2) If the person fails to comply with the program’s
requirements, the court shall notify the department of the
individual’s noncompliance and direct the department to withdraw
the person’s restricted driver’s license and reinstate the remainder
of the suspension period. The person’s driving privilege shall not
be restored until the person provides proof satisfactory to the
department of successful completion of the program.

end insert begin insert

(3) Notwithstanding any other law, a person who receives a
temporary restricted driver’s license pursuant to this section is
exempt from any requirement to install an ignition interlock device
on the person’s vehicle during the time the person is participating
in the program.

end insert begin delete

(f)

end delete

begin insert (h) end insert  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.

begin delete

(g)

end delete

begin insert (i) end insert  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.