BILL ANALYSIS Ó
AB 2367
Page 1
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2367
(Cooley) - As Amended April 20, 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 methodology of
the program to be evidence-based, provides that persons
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ordered into a program 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)Requires DMV 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.
7)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
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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
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
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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.
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.
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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.
Double referral: This bill passed out of the Assembly Public
Safety Committee on March 29, 2016, with a 6-0 vote.
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
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Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093