BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 18, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 2367  
          (Cooley) - As Amended April 11, 2016


          SUBJECT:  Driving under the influence:  24/7 Sobriety program


          SUMMARY:  Authorizes the court to order a person convicted of  
          driving under the influence of alcohol (DUI) with one or more  
          DUI priors within 10 years, to enroll, participate in, and  
          successfully complete, a qualified "24/7 Sobriety" monitoring  
          program, as defined, as a condition of probation.  Specifically,  
          this bill:  


          1)Specifies that the court may order a person convicted of a  
            DUI, or DUI with injury, to enroll, 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 has one or  
            more prior convictions for a violation of DUI or DUI with  
            injury within a 10-year period.



          2)Provides that a 24/7 Sobriety program requires a person in the  
            program to abstain from alcohol and unauthorized controlled  
            substances and be subject to frequent testing with certain but  
            modest punishment for violations, requires the program to be  
            evidence-based, provides that persons ordered into a program  








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            may also be required to participate in other  
            driving-under-the-influence programs as provided law, and  
            requires a 24/7 Sobriety program to be licensed, as specified.



          3)Specifies that an "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;  
               or,



             c)   The program has been documented as effective by informed  
               experts and other sources.



          1)Specifies that the program may monitor alcohol or controlled  
            substances through breath testing twice a day, continuous  
            transdermal alcohol monitoring in cases of hardship, and/or  
            random blood, breath, sweat, urine, or oral fluid testing.



          2)Provides that 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.










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          3)Requires each person to pay program costs commensurate with  
            the person's ability to pay, as specified.



          4)Prohibits the court from imposing 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.



          5)Requires the court, in establishing reporting requirements, to  
            consult with the county probation department.



          6)Authorizes the court to notify the Department of Motor  
            Vehicles (DMV) that a person participating in the program who  
            provides proof of insurance is eligible for a temporary  
            restricted driver's license, and requires the court to direct  
            DMV to withdraw the person's restricted driver's license and  
            reinstate the remainder of the suspension period if the person  
            fails to comply with the program's requirements.  The person's  
            driving privilege shall not be restored until the person  
            provides proof satisfactory to DMV of successful completion of  
            the program.



          7)Exempts a person who receives such a temporary restricted  
            driver's license pursuant from any requirement to install an  
            ignition interlock device (IID) on the person's vehicle during  
            the time the person is participating in the program.



          8)Requires DMV to study and report to the Legislature by January  








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            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.



          9)Establishes a sunset date of January 1, 2021.
          EXISTING LAW:  


          1)Prohibits a person who is under the influence of any alcoholic  
            beverage or drug or combined influence of any alcoholic  
            beverage and drug, or who has 0.08% or more, by weight, of  
            alcohol in his or her blood, from driving a vehicle while  
            under the influence of alcohol or from driving a vehicle while  
            under the influence of alcohol and causing a person other than  
            the driver bodily injury.  

           2)Authorizes the court to grant probation to a person who  
            commits the above offense within 10 years of a separate DUI  
            violation under specific conditions, including a fine,  
            imprisonment in jail, suspension of the person's driving  
            privilege, and enrollment and participation in a specified  
            licensed DUI program.

          3)Authorizes DMV to issue a restricted driving privilege to a  
            person with a suspended driving privilege, as specified, if  
            the person enrolls in or completes a licensed DUI program,  
            submits proof of insurance, completes 12 months of the  
            suspension period, and pays all applicable reinstatement fees.  
             The driving privilege is restricted to driving to and from  
            the person's place of employment, driving during the course of  
            employment, and driving to and from activities required under  
            the licensed DUI program.



          4)Authorizes a person who has been convicted of DUI or DUI with  
            injury to apply to DMV for a restricted driver's license that  








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            prohibits the person from operating a motor vehicle unless it  
            is equipped with a certified IID.

          FISCAL EFFECT:  Unknown


          COMMENTS:  Under existing law, a person who is convicted of DUI  
          or DUI with injury within 10 years of a prior DUI offense can be  
          granted probation under certain circumstances, including paying  
          a fine, serving a jail sentence, enrollment in a DUI program  
          licensed by the Department of Health Care Services (DHCS), and  
          suspension of the person's driving privilege.


          This bill would add an additional post-trial option to the  
          punishment of a DUI offender who reoffends within 10 years of a  
          prior DUI offense:  a 24/7 Sobriety program.  In such a program,  
          as established by this bill and licensed by DHCS pursuant to  
          existing requirements, the participant must abstain from alcohol  
          and controlled substances and submit to either twice daily  
          alcohol or drug testing, continuous alcohol testing (through a  
          transdermal bracelet), or random drug and alcohol testing as a  
          condition of probation.  If a participant fails a test, they are  
          subject to "certain but modest punishment."  In similar programs  
          established in other states, these punishments are typically a  
          day or two in jail.  This bill provides that an offender can  
          still be required by the court to participate in any other  
          DHCS-licensed DUI program as a condition of probation.


          The author intends to add to the toolkit of options available to  
          judges in California through the use of 24/7 Sobriety programs.   
          As the author notes, 40% of all traffic-related fatalities in  
          California involve alcohol, and critically, nearly one-third of  
          those convicted for DUI re-offend.  By establishing 24/7  
          Sobriety as an additional option for the courts, the author  
          intends to target those offenders with an underlying alcohol  
          problem that makes them more likely to consistently drive while  
          impaired.








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          This bill also requires DMV to study the use of 24/7 Sobriety  
          programs by January 1, 2020.  The study would gather data from  
          across the state and provide analysis as to whether 24/7  
          Sobriety programs are effective in California from the  
          standpoint of evidence-based practices.


          24/7 Sobriety began as a pilot program in South Dakota in 2005  
          and required those convicted of alcohol-related offenses to take  
          twice-a-day breathalyzer tests or wear a continuous alcohol  
          monitoring bracelet.  After a five-county pilot project, the  
          program grew to include more jurisdictions and offenses.  By the  
          end of 2013, studies found that the total number of repeat  
          driving under the influence arrests in counties operating the  
          program fell by 12%, and the total number of arrests for  
          domestic violence dropped by 9%.  Subsequently, 24/7 Sobriety  
          programs have been implemented in several additional states.


          In December of 2015, President Obama signed the Fixing America's  
          Surface Transportation Act (FAST Act), a comprehensive highway  
          funding bill.  Part of the FAST Act provided incentive grants  
          for states to use 24/7 Sobriety programs and laid out the  
          federal criteria for 24/7 Sobriety programs.  The programs  
          established by AB 2367 are consistent with those criteria.


          Committee concerns:  Under existing law, after 12 months have  
          elapsed on the suspension of a person's driving privilege  
          pursuant to that person's probation terms and conditions, a  
          person may, under some circumstances, apply for a restricted  
          license.  The restricted license allows them to drive to and  
          from work and to and from activities required by a licensed DUI  
          program.  Existing law also allows a person to get a restricted  
          license sooner if they install an IID.  An IID prevents a  
          vehicle from being operated unless the driver passes a  
          breathalyzer-type test administered by the device.








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          This bill would also allow a person in a 24/7 Sobriety program  
          to apply for a restricted driver's license outside the existing  
          process for receiving a restricted driver's license and without  
          having to comply with any IID requirements existing elsewhere in  
          law.


          While it may be desirable for a court to order participation in  
          a 24/7 Sobriety program as a condition of probation for an  
          offender, imposing a blanket exemption on IID requirements may  
          hamper the discretion of the court to order participation in  
          24/7 Sobriety, an IID program, or any combination of the two.   
          Furthermore, by establishing a new avenue for an offender to  
          receive a restricted driver's license, a court could order an  
          offender into a program that allows them to circumvent existing  
          requirements for getting a restricted license.


          Additionally, Mothers Against Drunk Driving opposes this bill  
          due to the concern that allowing a DUI offender to apply for a  
          restricted license without installing an IID does little to  
          prevent that person from driving their vehicle while under the  
          influence.


          While a 24/7 Sobriety program is targeted primarily at  
          preventing a person from drinking, an IID specifically is  
          targeted at a symptom of that drinking, specifically driving a  
          vehicle while drunk.


          Suggested amendment:  To address the concern of circumventing  
          the existing process for receiving a restricted driver's license  
          and reducing judicial discretion in ordering a DUI offender to  
          install an IID, the committee suggests an amendment to strike  
          subdivision (g) of the bill, which provides that a person  
          participating in a 24/7 Sobriety program may apply for a  








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          restricted driver's license, as specified, as is exempt from any  
          requirement to install an IID.


          Double referral:  This bill passed out of the Assembly Public  
          Safety Committee on March 29, 2016, with a 6-0 vote.


          Related legislation: SB 1046 (Hill), requires all DUI offenders  
          to install an IID for a specified period of time in order to  
          have their license reinstated.  SB 1046 is scheduled to be heard  
          in the Senate Appropriations Committee on April 25, 2016.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alcohol Justice


          Association for Los Angeles Deputy Sheriffs


          California Association of Code Enforcement Officers


          California College and University Police Chiefs Association


          California Narcotic Officers Association


          Florida Association of DUI Programs, Inc.









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          Intoximeters, Inc.


          Los Angeles County Professional Peace Officers Association


          Los Angeles Police Protective League


          Riverside Sheriffs Association


          SCRAM Systems


          Thomas Butler, Colonel, Montana Highway Patrol


          We Save Lives.org


          1 private citizen




          Opposition


          Legal Services for Prisoners with Children


          Mothers Against Drunk Driving




          Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093








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