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 and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, 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 delete 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 delete
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 These provisions would be repealed on January 1, 2021.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:
The Legislature finds and declares the following:
2(a) Alcohol consumption and driving under the influence impose
3enormous health and safety costs on California. Problem drinkers
4account for a disproportionate share of these costs. California has
5had success with its current approach to driving under the influence
6by lowering blood alcohol concentration limits and by focusing
7on reducing the likelihood that individuals drive while intoxicated.
8However, California has been less successful at targeting those
9with an underlying alcohol problem that makes them more likely
10to consistently drive while impaired.
11(b) Those with previous convictions for driving under the
12influence are far more likely to recidivate than first-time offenders.
13Moreover, these people are disproportionately involved in
14alcohol-related traffic fatalities and are likely to have a diagnosis
15of alcohol dependence.
16(c) In 2005, South Dakota started a pilot program called “24/7
17Sobriety” and required those arrested for or convicted of
18alcohol-related offenses to take twice-a-day breathalyzer tests or
19wear a continuous alcohol monitoring bracelet. Those who fail or
P3 1skip their tests are immediately subject to certain but modest
2sanctions, typically a day or two in jail. After a five-county pilot
3project, the program grew to include more jurisdictions and
4offenses. Studies have found that the total number of repeat
5driving-under-the-influence arrests in counties
operating the
6program fell by 12 percent, and the total number of arrests for
7domestic violence dropped by 9 percent.
Section 23583 is added to the Vehicle Code, to read:
(a) (1) In order to strengthen the posttrial options
10available to prosecutors and judges, the court may order a person
11convicted of a violation of Section 23152 or 23153 to enroll and
12participate in, and successfully complete, a qualified “24/7
13Sobriety” monitoring program as a condition of probation, if the
14program is available and deemed appropriate, and the person
15committed the current violation within 10 years of one or more
16separate violations of Section 23152 or 23153 that resulted in a
17conviction.
18(2) For purposes of this section, a “24/7 Sobriety program”
19requires a person in the program to abstain from alcohol and
20unauthorized
controlled substances and requires the person to be
21subject to frequent testing for alcohol or controlled substances,
22with certain but modest punishment for violations of the program.
23Thebegin insert methodology for theend insert program shall be evidence-based. Persons
24ordered into the program may also be required to participate in
25other driving-under-the-influence programs as provided by other
26law. The program shall be licensed pursuant to Section 11836 of
27the Health and Safety Code.
28(3) For purposes of this subdivision, the term “evidence-based
29program” means a program that satisfies the requirements of at
30least two of the following:
31(A) The program is included in the federal registry of
32evidence-based
programs and practices.
33(B) The program has been reported in a peer-reviewed journal
34as having positive effects on the primary targeted outcome.
35(C) The program has been documented as effective by informed
36experts and other sources.
37(b) As the court deems appropriate, the program may monitor
38alcohol or controlled substances through one or more of the
39following modalities:
40(1) Breath testing, twice a day.
P4 1(2) Continuous transdermal alcohol monitoring in cases of
2hardship.
3(3) Random blood, breath, sweat, urine, or oral fluid testing.
4(c) Testing locations that provide the best ability to sanction a
5violation as close in time as reasonably feasible to the occurrence
6of the violation should be given preference.
7(d) In order to enable all required defendants to participate, each
8person shall pay the program costs commensurate with the person’s
9ability to pay as determined pursuant to Section 11837.4 of the
10Health and Safety Code.
11(e) The court shall not impose a program of more than 180 days
12in length unless the defendant tests positive for alcohol or an
13unauthorized controlled substance or fails to appear for a test.
14(f) The court, in establishing reporting requirements, shall
15consult
with the county probation department.
16(g) (1) The court may notify the department that a person
17participating in the program who provides proof of insurance is
18eligible for a temporary restricted driver’s license.
19(2) If the person fails to comply with the program’s
20requirements, the court shall notify the department of the
21individual’s noncompliance and direct the department to withdraw
22the person’s restricted driver’s license
and reinstate the remainder
23of the suspension period. The person’s driving privilege shall not
24be restored until the person provides proof satisfactory to the
25department of successful completion of the program.
26(3) Notwithstanding any other law, a person who receives a
27temporary restricted driver’s license pursuant to this section is
28exempt from any requirement to install an ignition interlock device
29on the person’s vehicle during the time the person is participating
30in the program.
31(h)
end delete
32begin insert(g)end insert The department shall study and report to the Legislature by
33January 1, 2020, on the success of the 24/7 Sobriety program
34authorized pursuant to this section in reducing the
35driving-under-the-influence recidivism rate in counties where it
36is used. The report shall be submitted pursuant to Section 9795 of
37the Government Code.
38(i)
end delete
P5 1begin insert(h)end insert This section shall remain in effect only until January 1, 2021,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2021, deletes or extends that date.
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