AB 2367: Driving under the influence: 24/7 Sobriety program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-04-20
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 persons ability to pay, as specified. The bill would provide that a person in the program may obtain a temporary restricted drivers license upon proof of insurance, as specified. 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 These provisions would be repealed on January 1, 2021.
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 persons ability to pay, as specified. The bill would provide that a person in the program may obtain a temporary restricted drivers license upon proof of insurance, as specified. 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.
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, during probation or any other release that is subject to the jurisdiction of the county probation department, as a condition of probation, if the program is available and deemed appropriate, and the person has one or more prior convictions for that crime. 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 be subject to frequent testing for alcohol. The bill would authorize a court to impose sanctions for violations of the program by ordering the person to be incarcerated in the county jail for no more than 12 hours for the first violation, and no more than 24 hours for the 2nd and any subsequent violation. alcohol, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the persons ability to pay, as specified. 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.
By increasing penalties in connection with a conviction for driving under the influence, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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, during probation or any other release that is subject to the jurisdiction of the county probation department, if the program is available and deemed appropriate, and the person has one or more prior convictions for that crime. The bill would define a 24/7 Sobriety program, in part, as requiring a person in the program to abstain from alcohol and be subject to frequent testing for alcohol. The bill would authorize a court to impose sanctions for violations of the program by ordering the person to be incarcerated in the county jail for no more than 12 hours for the first violation, and no more than 24 hours for the 2nd and any subsequent violation. The bill would require a person participating in the program to pay the program costs, commensurate with the persons ability to pay, as specified. 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.
By increasing penalties in connection with a conviction for driving under the influence, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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 and unauthorized controlled substances and requires the person to be subject to frequent testing for alcohol or controlled substances, with certain but modest punishment for violations of the program. The methodology for the program shall be evidence-based. 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 or controlled substances 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, sweat, 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 persons ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(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.
(f)The court, in establishing reporting requirements, shall consult with the county probation department.
(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 drivers license.
(2)If the person fails to comply with the programs requirements, the court shall notify the department of the individuals noncompliance and direct the department to withdraw the persons restricted drivers license and reinstate the remainder of the suspension period. The persons driving privilege shall not be restored until the person provides proof satisfactory to the department of successful completion of the program.
(3)Notwithstanding any other law, a person who receives a temporary restricted drivers license pursuant to this section is exempt from any requirement to install an ignition interlock device on the persons vehicle during the time the person is participating in the program.
(h)
(g)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.
(i)
(h)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.
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 and unauthorized controlled substances and requires the person to be subject to frequent testing for alcohol, alcohol or controlled substances, with certain but modest punishment for violations of the program. The program shall be evidence-based and approved by the department. evidence-based. 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 or controlled substances 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, sweat, 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 persons ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(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.
(e)
(f)The court, in establishing reporting requirements, shall consult with the county probation department.
(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 drivers license.
(2)If the person fails to comply with the programs requirements, the court shall notify the department of the individuals noncompliance and direct the department to withdraw the persons restricted drivers license and reinstate the remainder of the suspension period. The persons driving privilege shall not be restored until the person provides proof satisfactory to the department of successful completion of the program.
(3)Notwithstanding any other law, a person who receives a temporary restricted drivers license pursuant to this section is exempt from any requirement to install an ignition interlock device on the persons vehicle during the time the person is participating in the program.
(f)
(h)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.
(g)
(i)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.
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 pretrial and 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 or other release that is subject to the jurisdiction of the county probation department, probation, if the program is available and deemed appropriate, and the person has one or more prior convictions for a violation of Section 23152 or 23153. 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 and requires the person to be subject to frequent testing for alcohol, with certain but modest punishment for violations. violations of the program. The program shall be evidence-based and approved by the department. 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 paragraph, 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 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, 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 persons ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(e)The court, in establishing reporting requirements, shall consult with the county probation department.
(f)The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of the program.
(g)A violation of the program requirements may be punished by the court ordering the person to be incarcerated in the county jail for no more than 12 hours for the first violation, and no more than 24 hours for the second and any subsequent violation.
(h)
(f)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.
(i)
(g)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.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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 pretrial and 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 or other release that is subject to the jurisdiction of the county probation department, if the program is available and deemed appropriate, and the person has one or more prior convictions for a violation of Section 23152 or 23153.
(2)For purposes of this section, a 24/7 Sobriety program requires a person in the program to abstain from alcohol and requires the person to be subject to frequent testing with certain but modest punishment for violations. The program shall be evidence-based and approved by the department. 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 paragraph, 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 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, 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 persons ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(e)The court, in establishing reporting requirements, shall consult with the county probation department.
(f)The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of the program.
(g)A violation of the program requirements may be punished by the court ordering the person to be incarcerated in the county jail for no more than 12 hours for the first violation, and no more than 24 hours for the second and any subsequent violation.
(h)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.
(i)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.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Feb 18, 2016 | Read first time. To print. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
| Mar 8, 2016 | Referred to Coms. on PUB. S. and TRANS. |
| Mar 28, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 29, 2016 | Re-referred to Com. on PUB. S. |
| Mar 30, 2016 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on TRANS. |
| Apr 11, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 12, 2016 | Re-referred to Com. on TRANS. |
| Apr 19, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18). |
| Apr 20, 2016 | Read second time and amended. |
| Apr 21, 2016 | Re-referred to Com. on APPR. |
| May 4, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 18, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| Mar 29, 2016 | Do pass and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alcohol Justice | ** Support | Apr 18, 2016 |
| Association For Los Angeles Deputy Sheriffs | ** Support | Apr 18, 2016 |
| Automobile Club of Southern California | ** Support | Mar 29, 2016 |
| California Association Of Code Enforcement Officers | ** Support | Apr 18, 2016 |
| California Attorneys For Criminal Justice | ** Against | Mar 29, 2016 |
| California College And University Police Chiefs Association | ** Support | Apr 18, 2016 |
| Florida Association of DUI Programs, Inc. | ** Support | Apr 18, 2016 |
| Intoximeters, Inc. | * Support | Apr 18, 2016 |
| Legal Services for Prisoners with Children | ** Against | Apr 18, 2016 |
| Los Angeles County Professional Peace Officers Association | ** Support | Apr 18, 2016 |
| Los Angeles Police Protective League | ** Support | Apr 18, 2016 |
| Mothers Against Drunk Driving | * Support | Apr 18, 2016 |
| Mothers Against Drunk Driving | * Against | Apr 18, 2016 |
| PUB. S. | ** Against | Mar 29, 2016 |
| SCRAM Systems | ** Support | Apr 18, 2016 |
| Thomas Butler, Colonel, Montana Highway Patrol | ** Support | Apr 18, 2016 |
| We Save Lives | ** Support | Mar 29, 2016 |
| We Save Lives.org | ** Support | Apr 18, 2016 |
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2367
Author:(Cooley) – As Amended Ver:April 20, 2016
Policy Committee: | Public Safety | Vote: | 6 - 0 |
Transportation | 15 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill 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. AB 2367 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.
FISCAL EFFECT:
One-time cost of approximately $500,000 (MVA) to the DMV to study the success of the 24/7 Sobriety program and prepare the report required.
COMMENTS:
- Background/Purpose. 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. 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.
- Support. Supporters state that the 24/7 Sobriety program gives police, judges and communities a different way to handle such offenders that is humane, effective and reduces crowding in correctional facilities.
- Opposition. According to Legal Services for Prisoners with Children, “the zero-tolerance approach of the 24/7 Sobriety program flies in the face of medical science which identifies alcoholism as a disease. There can never be an effective law enforcement solution to a medical problem. Instead of passing ever-more punitive laws in order to punish people struggling with alcoholism. California should put resources into public education and voluntary drug and alcohol treatment programs.”
- 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.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2367 (
Author:Cooley) – As Amended Ver: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:
- 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.
- 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 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.
- Specifies that an “evidence-based program” means a program that satisfies the requirements of at least two of the following:
- The program is included in the federal registry of evidence-based programs and practices;
- The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or,
- The program has been documented as effective by informed experts and other sources.
- 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.
- 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.
- Requires each person to pay program costs commensurate with the person’s ability to pay, as specified.
- 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.
- Requires the court, in establishing reporting requirements, to consult with the county probation department.
- 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.
- Establishes a sunset date of January 1, 2021.
EXISTING LAW:
- 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.
- 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.
- 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.
- 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 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.
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.
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
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2367 (
Author:Cooley) – As Amended Ver: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:
- 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.
- 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 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.
- Specifies that an “evidence-based program” means a program that satisfies the requirements of at least two of the following:
- The program is included in the federal registry of evidence-based programs and practices;
- The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or,
- The program has been documented as effective by informed experts and other sources.
- 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.
- 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.
- Requires each person to pay program costs commensurate with the person’s ability to pay, as specified.
- 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.
- Requires the court, in establishing reporting requirements, to consult with the county probation department.
- 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.
- 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.
- 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.
- Establishes a sunset date of January 1, 2021.
EXISTING LAW:
- 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.
- 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.
- 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.
- 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 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.
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.
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 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.
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
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2367
Author:(Cooley) – As Amended Ver:March 28, 2016
SUMMARY:
Authorizes the court to order a person convicted of a Driving Under the Influence (DUI) offense with one of 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:
- Specifies that the court may order a person convicted of a violation of 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.
- States that a “24/7 Sobriety program” requires a person in the program to abstain from alcohol and requires the person to be subject to frequent testing with certain but modest punishment for violations.
- Requires a “24/7 Sobriety program” to be evidence-based and approved by the Department of Motor Vehicles (DMV).
- States that persons ordered into a “24/7 Sobriety program” may also be required to participate in other driving-under-the-influence programs as provided law.
- Requires a “24/7 Sobriety program” to be licensed, as specified.
- Specifies that an “evidence-based program” means a program that satisfies the requirements of at least two of the following:
- The program is included in the federal registry of evidence-based programs and practices;
- The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or
- The program has been documented as effective by informed experts and other sources.
- The program is included in the federal registry of evidence-based programs and practices;
- Specifies that the program may monitor alcohol through one or more of the following modalities, as the court deems appropriate:
- Breath testing, twice a day;
- Continuous transdermal alcohol monitoring in cases of hardship; and
- Random blood, breath, urine, or oral fluid testing.
- Breath testing, twice a day;
- States 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.
- Requires each person to pay “24/7 Sobriety program” costs commensurate with the person’s ability to pay, as specified.
- Requires the court, in establishing reporting requirements, to consult with the county probation department.
- 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.
- Provides that 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.
EXISTING LAW:
- States that if the court grants probation to a person punished as a second DUI within 10 years, in addition to any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
- For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000); or (Veh. Code, § 23142, subd. (a)(1)(A).)
- For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively. (Veh. Code, § 23142, subd. (a)(1)(b).)
- For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000); or (Veh. Code, § 23142, subd. (a)(1)(A).)
- Requires the person's privilege to operate a motor vehicle to be suspended by DMV as specified. (Veh. Code, § 23142, subd. (a)(2).)
- States that the court shall require the person convicted of a second DUI to do either of the following:
- Enroll and participate, for at least 18 months subsequent to the date of the underlying violation, in a driving-under-the-influence program licensed, as specified, as designated by the court; or (Veh. Code, § 23142, subd. (b)(1).)
- Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed, as specified. (Veh. Code, § 23142, subd. (b)(2).)
- Enroll and participate, for at least 18 months subsequent to the date of the underlying violation, in a driving-under-the-influence program licensed, as specified, as designated by the court; or (Veh. Code, § 23142, subd. (b)(1).)
- Requires the court to advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the DMV of successful completion of a driving-under-the-influence program of the length required has been received in the department's headquarters. (Veh. Code, § 23142, subd. (c).)
- States that when considering the circumstances taken as a whole, the court determines that the person punished with a second DUI would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed, as specified, the court may disallow the issuance of a restricted driver's license. (Veh. Code, § 23142, subd. (d).)
- Provides that if the court grants probation to any person punished for a third DUI in 10 years, in addition any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (Veh. Code, § 23148, subd. (a)(1).)
- Requires the person's privilege to operate a motor vehicle to be revoked by DMV, as specified. (Veh. Code, § 23148, subd. (a)(2).)
- Specifies that if the court grants probation to any person punished with a third DUI, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed, as specified. (Veh. Code, § 23148, subd. (b).)
- Provides that if the court orders a program of at least 30 months, the court as an alternative to the minimum term of imprisonment for a third DUI, the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. (Veh. Code, § 23148, subd. (b).
- Specifies that unless the court has imposed a longer program, the court shall impose as a condition of probation on a third DUI, that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months, in a driving-under-the-influence program licensed, as specified. (Veh. Code, § 23148, subd. (c).)
- States that any person who has previously completed a 12-month or 18-month program shall not be eligible for referral, as specified, unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person's residence or employment. (Veh. Code, § 23148, subd. (c).)
- Requires the court to advise the person at the time of sentencing on a third DUI that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required. (Veh. Code, § 23148, subd. (d).)
- Specifies that if a person is convicted of a violation of Section DUI or DUI with injury, the court shall consider a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Veh. Code § 23578.)
- States that the court shall also impose as a condition of probation, upon conviction of a first DUI, that the driver shall complete a DUI program, licensed as specified, in the driver's county of residence or employment, as designated by the court. (Veh. Code § 23538, subd. (b).)
- Requires the court to order a first DUI offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities. (Veh. Code § 23538, subd. (b)(1).)
- Requires the court to order a first DUI offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities. (Veh. Code § 23538, subd. (b)(2).)
- States that the court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a DUI program of the length required under this code that is licensed , as specified, has been received in the department's headquarters. (Veh. Code § 23538, subd. (b)(3).)
- Requires the court to refer a first time DUI offender whose concentration of alcohol in his or her blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as a condition of probation, in a licensed program that consists of at least 30 hours of program activities. (Health & Saf. Code § 11837, subd. (c)(1).)
- Requires the court to order a first time DUI offender whose concentration of alcohol in the person's blood was 0.20 percent or more, or the person refused to take a chemical test, to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, as a condition of probation. (Health & Saf. Code § 11837, subd. (c)(2).)
- Allows the State Department of Health Care Services to specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services. (Health & Saf. Code § 11837, subd. (d).)
- Specifies that "probation" means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. (Pen. Code, § 1203(a).)
- Specifies that "conditional sentence" means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. (Pen. Code, § 1203(a).)
- Provides that the court, in granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as specified, and upon those terms and conditions as it shall determine. (Pen. Code, § 1203.1.)
- States that the court may impose and require any or all of the terms of imprisonment, fine, and conditions, and other reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer, and that should the probationer violate any of the terms or conditions imposed by the court in the matter, it shall have authority to modify and change any and all the terms and conditions and to reimprison the probationer in the county jail within the limitations of the penalty of the public offense involved. (Pen. Code, § 1203.1, subd. (j).)
- Specifies that the defendant shall not be released from custody under his or her own recognizance until the defendant files a signed release agreement which includes the defendant's promise to obey all reasonable conditions imposed by the court or magistrate. (Pen. Code, § 1318, subd. (a)(2).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "In California, forty percent of all traffic-related fatalities involve alcohol—this is higher than the rate nationwide. Critically, nearly one-third of those convicted for driving under the influence (DUI) re-offend.
“In an effort to add to the toolkit of options available to judges, AB 2367 authorizes a court to order a person convicted of multiple DUIs to successfully complete a qualified '24/7 Sobriety' monitoring program as a condition of their probation or release.
“24/7 Sobriety programs require individuals to abstain from alcohol for normally 90-180 days and are subject to frequent testing. If they test positive for alcohol use, there are swift, certain and modest sanctions—typically a day or two in jail.
“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 twelve percent, and the total number of arrests for domestic violence dropped by nine percent. Subsequently, 24/7 sobriety programs have been implemented in several additional states. In addition, Congress recently approved additional federal grant money for startup and administrative costs of a 24/7 program.” - Fixing America’s Surface Transportation (FAST) Act: In December of 2015, President Obama signed FAST Act, a comprehensive highway bill. Part of the FAST Act provided incentive grants for states to use 24/7 sobriety programs. The FAST Act also laid out the federal criteria for 24/7 sobriety programs.
Under the FAST Act, a 24/7 Sobriety Program must:- Require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
- Require the individual to be subject to testing for alcohol or drugs as follows:
- at least twice per day; or
- by continuous transdermal alcohol monitoring via an electronic monitoring device; or
- by an alternate method with the concurrence of the Secretary of Transportation.
- at least twice per day; or
- Require an individual who plead guilty or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
Those criteria are codified in 23 U.S.C. 405.
This bill defines 24/7 sobriety programs consistently with the federal criteria.
- Courts General Power to Impose Conditions of Probation: Courts have broad general discretion to fashion and impose additional probation conditions that are particularized to the defendant. (People v. Smith (2007) 152, Cal.App.4th 1245, 1249.) Courts may impose any “reasonable conditions” necessary to secure justice, make amends to society and individuals injured by the defendant’s unlawful conduct, and assist the “reformation and rehabilitation of the probationer.” (Pen. Code, § 1203.1.) A valid condition must be reasonably related to the offense and aimed at deterring such misconduct in the future. (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.)
- Courts Are Already Using Alcohol and Drug Monitoring in Conjunction with Probation: Courts are already imposing conditions of probation which limit or prohibit the use of alcohol or other drugs. They are imposing such condition under their existing discretion to fashion reasonable conditions related to the defendant’s criminal conduct and rehabilitative needs. Courts can utilize programs provided through their county probation department, private companies, or non-profit organizations. One private company which is already providing services that are consistent with 24/7 sobriety programs is Leaders in Community Alternatives (LCA). LCA operates in Northern and Southern California. LCA provides a range of supervision services for individuals on probation or pretrial release. LCA’s services include continuous alcohol monitoring and testing for controlled substances. Continuous alcohol monitoring is a form alcohol monitoring which is consistent with the 24/7 sobriety program mentioned in this bill. Courts are currently using alcohol monitoring through LCA or similar programs without specific authorization from the Legislature through the court’s general power to impose probation conditions related to the offense for which the defendant was convicted.
- Evidence Based Practices: Evidence based practice is the use of systematic decision-making processes or provision of services which have been shown, through available scientific evidence, to consistently improve measurable outcomes. Instead of tradition, gut reaction or single observations as the basis for making decisions, evidence based practice relies on collected data. (https://depts.washington.edu/pbhjp/evidence-based-practice-institute/what-evidence-based-practice)
Evidence based treatments are interventions which have scientific findings to demonstrate their effectiveness or efficacy in improving outcomes. Treatments are often placed along a continuum of support based on the rigorousness and amount of supporting research ranging from treatments which have strong support to those which are untested to those which have produced negative outcomes. Data sources used to make these evidence determinations include randomized experiments, which compare treatment with a control or placebo group or compare the treatment with another already established treatment; and single case design experiments which compare an individual subject’s baseline with their response to treatment. (Id.)
One component of this bill is a study requirement. This bill directs Department of Motor Vehicles to prepare a study the use of 24/7 sobriety programs to be delivered 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. - Argument in Support: According to Keith Humphrey, Ph.D., “During my time as Senior Policy Advisor in the White House Office of National Drug Control Policy, the Obama Administration endorsed 24/7 Sobriety as an evidence-based method of decreasing incarceration while at the same time reducing substance abuse and keeping the public safe. As you no doubt know, many California correction facilities are overcrowded in part because many individuals are incarcerated for alcohol-fueled crimes (including but certainly not limited to drunk driving). The 24/7 Sobriety program gives police, judges and communities a different way to handle such offenders that is humane, effective and reduces crowding in correctional facilities.”
- Argument in Opposition: According to Legal Services for Prisoners with Children, “We believe that 24/7 Sobriety program contemplated by AB 2367 would not only fail to address the public safety hazard caused by intoxicated driving, but would actually create more problems than it solves by leading to increased incarceration. Existing law already provides stiff penalties, including fines, imprisonment, and the suspension of one’s drivers’ license, for driving under the influence of alcohol. There is no evidence to suggest that increased criminal penalties would have any deterrent effect on those who would consider driving under the influence.
“Furthermore, the zero-tolerance approach of the 24/7 Sobriety program flies in the face of medical science which identifies alcoholism as a disease. There can never be an effective law enforcement solution to a medical problem. Instead of passing ever-more punitive laws in order to punish people struggling with alcoholism. California should put resources into public education and voluntary drug and alcohol treatment programs.” - Prior Legislation: AB 1832 (Bermudez), of the 2005-2006 Legislative Session, would have made legislative findings and declarations concerning the usefulness of continuous remote alcohol monitoring systems. AB 1832 was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION:
Support
Alcohol Justice
Automobile Club of Southern California
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California Narcotic Officers Association
Intoximeters
Florida Association of DUI Programs
Los Angeles County Professional Peace Officers Association
Los Angeles Deputy Sheriffs Association
Los Angeles Police Protective League
Riverside Sheriffs Association
We Save Lives
2 private individuals
Opposition
Legal Services for Prisoners with Children
California Attorneys for Criminal Justice
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Discussed in Hearing
6MIN
Assembly Standing Committee on Transportation
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):