BILL NUMBER: AB 2506 CHAPTERED 09/11/00 CHAPTER 401 FILED WITH SECRETARY OF STATE SEPTEMBER 11, 2000 APPROVED BY GOVERNOR SEPTEMBER 10, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 PASSED THE SENATE AUGUST 22, 2000 AMENDED IN SENATE AUGUST 8, 2000 AMENDED IN SENATE JUNE 22, 2000 AMENDED IN ASSEMBLY MAY 30, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 INTRODUCED BY Assembly Members Romero and Ashburn (Coauthors: Assembly Members Campbell and Keeley) FEBRUARY 24, 2000 An act to amend Section 14601.9 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2506, Romero. Vehicles: driver's license violations: referral program. Existing law imposes specified sentencing and fine sanctions upon persons found guilty of violating provisions prohibiting the driving of vehicles without a license, as specified. Until January 1, 2004, existing law authorizes the district attorneys of certain counties, with the approval of the board of supervisors, to establish a pilot program for persons who plead guilty or no contest or are convicted of violations of specified provisions prohibiting driving without a valid driver's license. Under the program, and subject to the approval of the court, the district attorney is authorized to enter into a written agreement with a person in a case involving a violation of the specified provisions in which the person agrees to the following, in lieu of the imposition of a county jail sentence: (1) a home detention program utilizing an electronic monitoring program for not less than the minimum jail sentence, and not more than the maximum jail sentence, provided for a violation of the specified provisions, and (2) a class or classes relating to driving without a valid driver's license, as specified. This bill would provide that, subject to the approval of the court, a person who pleads guilty or no contest to a violation of, or is convicted of a violation of specified provisions, may enter into the written agreement. This bill would also require that persons participating in the pilot program complete a home detention program utilizing an electronic monitoring program and equipment that meets certain standards. The bill would specify that the electronic monitoring program be provided under the auspices of the county district attorney or his or her designee. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14601.9 of the Vehicle Code is amended to read: 14601.9. (a) The district attorney of the County of Alameda, Kern, Los Angeles, Orange, Placer, Sacramento, San Joaquin, San Luis Obispo, or Santa Barbara, with the approval of the board of supervisors, may establish a pilot program for persons who plead guilty or no contest or who are found guilty of a violation of Section 14601, 14601.1, or 14601.3. The district attorney may conduct the program or contract with a private entity to conduct the program. (b) Subject to the approval of the court, a person who pleads guilty or no contest to a violation of, or is convicted of a violation of, Section 14601, 14601.1, or 14601.3 may enter into a written agreement with the district attorney of a county described in subdivision (a). If the court determines that the particular case is appropriate for referral to the program described in this section, the judge may make an order directing the person to comply with the terms of the agreement. Participation in the program shall be in lieu of imposing a jail sentence under Section 14601, 14601.1, or 14601.3. The agreement shall require the person to complete all of the following elements within 60 days or within the term of the maximum jail sentence allowed under Section 14601, 14601.1, or 14601.3, whichever period is longer: (1) A home detention program utilizing an electronic monitoring program and equipment that meets acceptable standards as described in Section 1203.016 of the Penal Code, for not less than the minimum jail sentence, and not more than the maximum jail sentence, provided under Section 14601, 14601.1, or 14601.3, as applicable. The electronic monitoring program described in this paragraph shall be provided under the auspices of the district attorney or his or her designee. The court may allow a person to attend school, work, or other specified activities while on electronic monitoring. (2) One or more classes conducted by the district attorney or by a private entity under contract with the district attorney. The class or classes, at a minimum, shall provide instruction on all of the following: (A) The requirements imposed under Section 14601, 14601.1, or 14601.3, including, but not limited to, the penalties for violating those provisions. (B) Available transportation alternatives for persons who do not have a valid driver's license. (C) The procedure for regaining the privilege to drive. (c) No statement, or information procured from a statement, made by the person in connection with the determination of his or her eligibility for the program, and no statement, or information procured from a statement, made by the person, subsequent to the granting of the program or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the person's participation in the program is admissible in any action or proceeding. (d) The court may impose any fine allowed under Section 14601, 14601.1, or 14601.3 upon a person who is ordered to participate in the program. (e) (1) The district attorney may recover fees for the program from participants or may provide for recovery of fees from participants by a private entity operating the program under contract. (2) The recoverable fees described in this subdivision shall be charged to the participant in accordance with a fee schedule that has been approved by the board of supervisors or the district attorney, or designee of the district attorney. The fees charged for the program may be modified or waived by the district attorney or designee at any time based on the present or changing financial position of the participant. No person shall be denied participation in the program due to an inability to pay for the program. (f) Not later than December 31, 2003, the district attorney of every county that elects to participate in the pilot program specified in subdivision (a) shall prepare and submit a report to the Legislature concerning that county's participation in the program. (g) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2004, deletes or extends that date.