11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a driving-under-the-influence
program. As used in this chapter, "program" means any firm,
partnership, association, corporation, local governmental entity,
agency, or place that has been initially recommended by the county
board of supervisors, subject to any limitation imposed pursuant to
subdivisions (c) and (d), and that is subsequently licensed by the
department to provide alcohol or drug recovery services in that
county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place restrictions on a program
that would violate a statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect a license that has been
previously issued by the department or the renewal of a license for a
driving-under-the-influence program. In counties where a contract or
other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
11836.10. No person, firm, partnership, association, corporation,
or local governmental entity shall operate, establish, manage,
conduct, or maintain a driving-under-the-influence program in this
state without a current and valid license issued pursuant to this
chapter.
11836.11. The department shall require license renewal on a
biennial basis.
11836.12. Criteria for licensure of new or existing programs shall
include all of the following:
(a) Completion of a written application containing necessary and
pertinent information describing the applicant program.
(b) Demonstration by the applicant that it possesses adequate
administrative, fiscal, and operational capability to operate a
driving-under-the-influence program.
(c) Onsite review of the program by department staff determines
that the program is clean, safe, free of alcohol or illicit drug use,
and that the program adheres to applicable statutes and regulations.
(d) The program has paid all licensing fees.
11836.14. An initial license shall not be issued until all
requirements identified in this chapter and in regulations adopted
pursuant to this chapter have been met.
11836.15. The department shall adopt regulations to implement this
chapter, in accordance with the purposes and process required in
Section 11835, which shall include, but not be limited to, the
following:
(a) Application requirements.
(b) Service requirements.
(c) Reporting requirements.
(d) Required staff qualifications.
(e) Management and documentation of participant records.
(f) Licensure fee assessment and collection procedures.
11836.16. The State Department of Alcohol and Drug Programs shall
adopt regulations for satellite offices of
driving-under-the-influence programs. The regulations shall include,
but not be limited to, any limitations on where a satellite office
may be located and the minimum and maximum number of clients to whom
a satellite office may provide services. When adopting regulations
pursuant to this section, the department shall also consider an
appropriate licensing procedure for these offices. For purposes of
this section, a "satellite office" is an offsite location of an
existing licensed driving-under-the-influence program.
11837. (a) Pursuant to the provisions of law relating to suspension
of a person's privilege to operate a motor vehicle upon conviction
for driving while under the influence of any alcoholic beverage or
drug, or under the combined influence of any alcoholic beverage and
any drug, as set forth in paragraph (3) of subdivision (a) of Section
13352 of the Vehicle Code, the Department of Motor Vehicles shall
restrict the driving privilege pursuant to Section 13352.5 of the
Vehicle Code, if the person convicted of that offense participates
for at least 18 months in a driving-under-the-influence program that
is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and
counseling services program pursuant to Section 23538 of the Vehicle
Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or
23568 of the Vehicle Code, in a licensed 18-month or 30-month
program, the court may consider any relevant information about the
person made available pursuant to a presentence investigation, that
is permitted but not required under Section 23655 of the Vehicle
Code, or other screening procedure. That information shall not be
furnished, however, by any person who also provides services in a
privately operated, licensed program or who has any direct interest
in a privately operated, licensed program. In addition, the court
shall obtain from the Department of Motor Vehicles a copy of the
person's driving record to determine whether the person is eligible
to participate in a licensed 18-month or 30-month program pursuant to
this chapter. When preparing a presentence report for the court, the
probation department may consider the suitability of placing the
defendant in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol or
controlled substance problem. If the probation department recommends
that this type of program is a suitable option for the defendant, the
defendant who would like the court to consider this option shall
obtain from his or her physician a prescription for the medication,
and a finding that the treatment is medically suitable for the
defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first 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 ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person's blood was 0.20 percent or
more, by weight, or the person refused to take a chemical test, the
court shall order the person 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, including those
education, group counseling, and individual interview sessions
described in this chapter.
(d) (1) The State Department of Alcohol and Drug Programs shall
specify in regulations the activities required to be provided in the
treatment of participants receiving nine months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the Vehicle
Code.
(e) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though the
person's privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section 23542
or 23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code may include
treatment of family members and significant other persons related to
the convicted person with the consent of those family members and
others as described in this chapter, if there is no increase in the
costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate in
the abstract of the record of the court that is forwarded to the
department.
(g) This section shall become operative on September 20, 2005.
11837.1. (a) In utilizing any program described in Section 11837,
the court may require periodic reports concerning the performance of
each person referred to and participating in a program. The program
shall provide the court, the Department of Motor Vehicles, and the
person participating in a program with an immediate report of any
failure of the person to comply with the program's rules and
policies.
(b) If, at any time after entry into or while participating in a
program, a participant who is referred to an 18-month program
described in Section 23542 of the Vehicle Code or a 30-month program
described in Section 23548, 23552, or 23568 of the Vehicle Code,
fails to comply with the rules and policies of the program, and that
fact is reported, the Department of Motor Vehicles shall suspend the
privilege of that person to operate a motor vehicle for the period
prescribed by law in accordance with Section 13352.5 of the Vehicle
Code, except as otherwise provided in this section. The Department of
Motor Vehicles shall notify the person of its action.
(c) If the department withdraws the license of a program, the
department shall immediately notify the Department of Motor Vehicles
of those persons who do not commence participation in a licensed
program within 21 days from the date of the withdrawal of the license
of the program in which the persons were previously participating.
The Department of Motor Vehicles shall suspend or revoke, for the
period prescribed by law, the privilege to operate a motor vehicle of
each of those persons referred to an 18-month program pursuant to
Section 23542 or 23562 of the Vehicle Code or to a 30-month program
pursuant to Section 23548, 23552, or 23568 of the Vehicle Code.
11837.2. (a) (1) The court may refer persons only to licensed
programs. Subject to these provisions, a person is eligible to
participate in the program if the program is operating in any of the
following:
(A) The county where the person is convicted.
(B) The county where the person resides.
(C) A county that has an agreement with the person's county of
residence pursuant to Section 11838.
(D) A county to which a person may request transfer pursuant to
subdivision (d).
(2) If a person granted probation under Section 23542 or 23562 of
the Vehicle Code cannot be referred to a licensed 18-month program
pursuant to this section, Section 13352.5 of the Vehicle Code does
not apply.
(b) If a person has consented to participate in a licensed program
and the county where the person is convicted is the same county in
which the person resides, the court may order the person to
participate in a licensed program within that county, or, if that
county does not have a licensed program, the court may order that
person to participate in a licensed program within another county,
pursuant to Section 11838.
(c) If a person has consented to participate in a licensed program
in the county in which that person resides or in a county in which
the person's county of residence has an agreement pursuant to Section
11838, and the county where the person is convicted is not the
county where the person resides, and if the court grants the person
summary probation, the court may order the person to participate in a
licensed program in that county. In lieu of summary probation, the
court may utilize the probation officer to implement the orders of
the court. If the county in which the person resides does not have a
licensed program or an agreement with another county pursuant to
Section 11838 and the person consents, the court may order the person
to participate in a licensed program within the county where that
person is convicted or in a county with which the county has an
agreement pursuant to Section 11838.
(d) Except as otherwise provided in subdivision (e), subsequent to
a person's commencement of participation in a program, the person
may request transfer to another licensed program (1) in the same
county in which the person has commenced participation in the
program, upon approval of that county's alcohol and drug program
administrator, or (2) in a county other than the county in which the
person has commenced participation in the program, upon approval of
the alcohol and drug program administrator of the county in which the
person is participating and the county to which the person is
requesting transfer.
(e) Subdivision (d) does not apply (1) if the court has ordered
the person to participate in a specific licensed program, unless the
court orders the transfer or, (2) if the person is under formal
probation, unless the probation officer consents to the transfer. The
department shall establish reporting forms and procedures to ensure
that the court receives notice of any program transfer pursuant to
this subdivision or subdivision (d).
(f) Jurisdiction of all postconviction matters arising pursuant to
this section may be retained by the court of conviction.
(g) The department, in cooperation with the Department of Motor
Vehicles and the county alcohol and drug program administrators,
shall establish procedures to ensure the effective implementation of
this section.
11837.3. (a) (1) Each county, through the county alcohol and drug
program administrator, shall determine its ability to establish,
through public or private resources, a program of alcohol and other
drug education and counseling services for a person whose license to
drive has been administratively suspended or revoked for, or who is
convicted of, a first violation of Section 23152 or 23153 of the
Vehicle Code, or who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of, or Section 655.4 of, the Harbors
and Navigation Code, pursuant to subdivisions (e) and (f) of Section
668 of the Harbors and Navigation Code. The program shall be
self-supporting through fees collected from program participants. The
program shall be of at least three months' duration and consist of
at least 30 hours of direct education and counseling services. The
program shall be authorized by each county and licensed by, and
operated under general regulations established by, the department.
(2) (A) A county that shows the department that it has
insufficient resources, insufficient potential program participants,
or other material disadvantages is not required to establish a
program.
(B) The department may license an alcohol and other drug education
program that is less than 30 hours in length in any county where the
board of supervisors has provided the showing pursuant to
subparagraph (A), and the department has upheld that showing. The
shorter program is subject to all other applicable regulations
developed by the department pursuant to paragraph (3) of subdivision
(b) of Section 11837.4.
(b) Each county that has approved an alcohol and other drug
education program or programs and that is licensed by the department
shall make provision for persons who can document current inability
to pay the program fee, in order to enable those persons to
participate. The county shall require that the program report the
failure of a person referred to the program to enroll in the program
to the referring court.
(c) In order to assure effectiveness of the alcohol and other drug
education and counseling program, the county shall provide, as
appropriate, services to ethnic minorities, women, youth, or any
other group that has particular needs related to the program.
(d) (1) Any person required to successfully complete an alcohol
and other drug education and counseling program as a condition of
probation shall enroll in the program and, except when enrollment is
required in a program that is required to report failures to enroll
to the court, shall furnish proof of the enrollment to the court
within the period of time and in the manner specified by the court.
The person also shall participate in and successfully complete the
program, and shall furnish proof of successful completion within the
period of time and in the manner specified by the court.
(2) An alcohol and other drug education and counseling program
shall report to the court, within the period of time and in the
manner specified by the court, the name of any person who fails to
successfully complete the program.
11837.4. (a) No program, regardless of how it is funded, may be
licensed unless all of the requirements of this chapter and of the
regulations adopted pursuant to this chapter have been met.
(b) Each licensed program shall include, but not be limited to,
the following:
(1) For the alcohol or drug education and counseling services
programs specified in subdivision (b) of Section 11837, each program
shall provide for close and regular face-to-face interviews. For the
18-month programs specified in subdivision (a) of Section 11837, each
program shall provide for close and regular supervision of the
person, including face-to-face interviews at least once every other
calendar week, regarding the person's progress in the program for the
first 12 months of the program and shall provide only community
reentry supervision during the final six months of the program. In
the last six months of the 18-month program, the provider shall
monitor the participant's community reentry activity with self-help
groups, employment, family, and other areas of self-improvement.
Unless otherwise ordered by the court, the provider's monitoring
services are limited to not more than six hours. For the 30-month
programs specified in subdivision (b) of Section 23548, subdivision
(b) of Section 23552, and subdivision (b) of Section 23568 of the
Vehicle Code, each program shall provide for close and regular
supervision of the person, including regular, scheduled face-to-face
interviews over the course of 30 months regarding the person's
progress in the program and recovery from problem drinking,
alcoholism, chemical dependency, or polydrug abuse, as prescribed by
regulations of the department. The interviews in any of those
programs shall be conducted individually with each person being
supervised and shall occur at times other than when the person is
participating in any group or other activities of the program. No
program activity in which the person is participating shall be
interrupted in order to conduct the individual interviews.
(2) (A) The department shall approve all fee schedules for the
programs and shall require that each program be self-supporting from
the participants' fees and that each program provide for the payment
of the costs of the program by participants at times and in amounts
commensurate with their ability to pay in order to enable these
persons to participate. Each program shall make provisions for
persons who can successfully document current inability to pay the
fees. Only the department may establish the criteria and procedures
for determining a participant's ability to pay. The department shall
ensure that the fees are set at amounts that will enable programs to
provide adequately for the immediate and long-term continuation of
services required pursuant to this chapter. The fees shall be used
only for the purposes set forth in this chapter, except that any
profit or surplus that does not exceed the maximum level established
by the department may be utilized for any purposes allowable under
any other provisions of law. In its regulations, the department shall
define, for the purposes of this paragraph, taking into account
prudent accounting, management, and business practices and
procedures, the terms "profits" and "surplus." The department shall
fairly construe these provisions so as not to jeopardize fiscal
integrity of the programs. The department may not license any program
if the department finds that any element of the administration of
the program does not assure the fiscal integrity of the program.
(B) Each program licensed by the department under this section may
request an increase in the fees. The request for an increase shall
initially be sent to the county alcohol and drug program
administrator. The county alcohol and drug program administrator
shall, within 30 days of receiving the request, forward it to the
department with the administrator's recommendation that the fee
increase be approved or disapproved.
(C) The administrator's recommendation shall, among other things,
take into account the rationale that the program has provided to the
administrator for the increase and whether that increase would exceed
the profit or surplus limit established by the department.
(D) If the county alcohol and drug program administrator fails to
forward the request to the department within the 30 days, the program
may send the request directly to the department. In this instance,
the department may act without the administrator's recommendation.
(E) The department shall, within 30 days of receiving the request
pursuant to subparagraph (B) or (D) approve or disapprove the
request. In making its decision, the department shall consider the
matters described in subparagraph (C).
(3) The licensed programs described in paragraph (1) shall include
a variety of treatment services for problem drinkers, alcoholics,
chemical dependents, and polydrug abusers or shall have the
capability of referring the persons to, and regularly and closely
supervising the persons while in, any appropriate medical, hospital,
or licensed residential treatment services or self-help groups for
their problem drinking, alcoholism, chemical dependency, or polydrug
abuse problem. In addition to the requirements of paragraph (1), the
department shall prescribe in its regulations what other services the
program shall provide, at a minimum, in the treatment of
participants, which services may include lectures, classes, group
discussions, group counseling, or individual counseling in addition
to the interviews required by paragraph (1), or any combination
thereof. However, any group discussion or counseling activity, other
than classes or lectures, shall be regularly scheduled to consist of
not more than 15 persons, except that they may, on an emergency
basis, exceed 15, but not more than 17, persons, at any one meeting.
At no time shall there be more than 17 persons in attendance at any
one meeting. For the 30-month programs specified in subdivision (b)
of Section 23548, subdivision (b) of Section 23552, and subdivision
(b) of Section 23568 of the Vehicle Code, each licensed program shall
include a method by which each participant shall maintain a
compendium of probative evidence, as prescribed in the regulations of
the department, on a trimonthly basis demonstrating a performance of
voluntary community service by the participant, including, but not
limited to, the prevention of drinking and driving, the promotion of
safe driving, and responsible attitudes toward the use of chemicals
of any kind, for not less than 120 hours and not more than 300 hours,
as determined by the court, with one-half of that time to be served
during the initial 18 months of program participation and one-half of
that time to be served in the final 12 months. In determining
whether or not the participant has met the objectives of the program,
the compendium of evidence shall also include, and the court shall
consider, the participant's demonstration of significant improvement
in any of the following areas of personal achievement:
(A) Significant improvement in occupational performance, including
efforts to obtain gainful employment.
(B) Significant improvement in physical and mental health.
(C) Significant improvement in family relations, including
financial obligations.
(D) Significant improvement in financial affairs and economic
stability.
The compendium of evidence shall be maintained by the participant
for review by the program, court, probation officer, or other
appropriate governmental agency. The program officials, unless
prohibited by the referring court, shall make provisions for a
participant to voluntarily enter, using the participant's own
resources, a licensed chemical dependency recovery hospital or
residential treatment program which has a valid license issued by the
State of California to provide alcohol or drug services, and to
receive three weeks of program participation credit for each week of
that treatment, not to exceed 12 weeks of program participation
credit, but only if the treatment is at least two weeks in duration.
The program shall document probative evidence of this hospital or
residential care treatment in the participant's program file.
(4) In order to assure program effectiveness, the department shall
require, whenever appropriate, that the licensed program provides
services to ethnic minorities, women, youth, or any other group that
has particular needs relating to the program.
(5) The goal of each program shall be to assist persons
participating in the program to recognize their chemical dependency
and to assist them in their recovery.
(6) Each program shall establish a method by which the court, the
Department of Motor Vehicles, and the person are notified in a timely
manner of the person's failure to comply with the program's rules
and regulations.
(c) No program may be licensed unless the county complies with the
requirements of subdivision (b) of Section 11812. The provider of a
program that offers an alcohol or drug education and counseling
services program, an 18-month program, or a 30-month program or any
or all of those programs described in this section shall be required
to obtain only one license. The department's regulations shall
specify the requirements for the establishment of each program. The
license issued by the department shall identify the program or
programs licensed to operate.
(d) (1) Departmental approval for the establishment of a 30-month
program by a licensed 18-month program is contingent upon approval by
the county alcohol and drug program administrator, based upon
confirmation that the program applicant is capable of providing the
service and that the fiscal integrity of the program applicant will
not be jeopardized by the operation of the program.
(2) The court shall refer a person to a 30-month treatment program
only if a 30-month program exists or is provided for in the
jurisdiction of the court.
(e) A county or program shall not prescribe additional program
requirements unless the requirements are specifically approved by the
department.
(f) The department may license a program on a provisional basis.
11837.5. (a) No person may participate in any program that has not
been licensed by the department pursuant to this chapter.
(b) The department shall charge reasonable fees for licensing
driving-under-the-influence programs. The department shall set the
fees in an amount sufficient to cover all administrative costs
incurred by the department and to reimburse the Department of Motor
Vehicles for the costs of the evaluation and report required by
Section 9 of Senate Bill 1344 of the 1989-90 Regular Session.
(c) The department may fine a provider who is delinquent in the
payment of licensing fees. The department shall deposit fines
collected from delinquent providers in the
Driving-Under-the-Influence Program Licensing Trust Fund, and the
revenues from the fines shall be used, upon appropriation, to offset
costs incurred by the department in the administration of the program
and to reimburse the Department of Motor Vehicles for the costs of
the evaluation and report required by Section 9 of Senate Bill 1344
of the 1989-90 Regular Session.
(d) If a program fails to pay licensing fees or assessed fines,
the department may deny an initial license or revoke an existing
license.
(e) There is established in the State Treasury a
Driving-Under-the-Influence Program Licensing Trust Fund. All fees,
fines, and penalties collected from driving-under-the-influence
programs shall be deposited in this fund. The money in the fund shall
be available when appropriated by the Legislature.
(f) The department shall prepare a report on the assets,
liabilities, and balance in the Driving-Under-the-Influence Program
Licensing Trust Fund when the department increases program licensing
fees. The report shall also include an itemized statement of income
and expenses for the trust fund since the last report. The department
shall submit the report to the Legislature and shall furnish a copy
of the report, upon request, to any provider of a
driving-under-the-influence program.
(g) Licensing fees shall be evaluated annually and based on the
department's projected costs for the forthcoming fiscal year. Any
excess fees remaining in the Driving-Under-the-Influence Program
Licensing Trust Fund at the close of the fiscal year shall be carried
forward and taken into consideration in establishment of fees for
the subsequent fiscal year. If the department proposes to increase
the licensing fees, the department shall justify the increase to the
Legislature by showing that sufficient assets are not currently
available in the Driving-Under-the-Influence Program Licensing Trust
Fund and that current licensing fee collections are not sufficient to
support current or planned expenses of the department for
driving-under-the-influence program licensing activities.
(h) Licensing fee collection procedures, which include the
assessment of fines for delinquent fee payments, shall be defined in
regulations adopted pursuant to this chapter.
11837.6. (a) The major responsibility for assuring programmatic and
fiscal integrity of each program rests with the county alcohol and
drug program administrator of each county utilizing a program
pursuant to this chapter.
(b) The county alcohol and drug program administrator shall
assure, through monitoring at least once every six months, compliance
with the applicable statutes and regulations by any licensed program
within the county's jurisdiction. Whenever possible, the county
monitoring shall coincide with the state licensing reviews. The
county alcohol and drug program administrator shall prepare and
submit, to the department and the program provider, an annual written
report of findings regarding the program's compliance with
applicable statutes and regulations.
(c) The county alcohol and drug program administrator shall submit
a description of each licensed program as part of the county plan.
(d) The county alcohol and drug program administrator shall notify
the department, within 30 days of the date that a program's license
is denied, suspended or revoked, of the individuals who failed to
commence participation in another licensed program within 21 days of
the license denial, suspension or revocation.
11837.7. (a) The county alcohol and drug program administrator, or
the advisory board acting through the county alcohol and drug program
administrator, shall inform the board of supervisors immediately if
it is determined that any program is not meeting the regulations
adopted by the department. The department shall be notified in
writing by the county alcohol and drug program administrator of any
program that is not in compliance with applicable statutes and
regulations.
(b) The department, the county alcohol and drug program
administrator, the chief probation officer, or their authorized
representatives may enter, in a nondisruptive manner, any class,
lecture, group discussion, or any other program element to observe
these activities.
(c) Notwithstanding subdivision (a) of Section 11837.6, the
department may audit, or contract for the auditing of, any licensed
program.
11837.8. (a) The department shall authorize each county alcohol and
drug program administrator to retain, in an amount not in excess of
that specified by the department, a portion of the fees charged for
participation in the program that is sufficient to reimburse the
county for the costs and expenses that the administrator reasonably
incurs in discharging his or her duties pursuant to this chapter.
(b) A county may not use for any purpose set forth in this chapter
any funds allocated to it by the department pursuant to Division
10.5 (commencing with Section 11750). The board of supervisors may
authorize the use of any other funds for any purpose set forth in
this chapter.
(c) Notwithstanding subdivision (b), a county with a population of
20,000 or less may utilize funds allocated by the department to
establish and administer a program if the department finds that the
county cannot establish a self-supporting program at reasonable cost
or is unable to establish jointly a program with another county. If
an exception is granted, reasonable effort shall be made by the
county to observe the intent of subdivision (b) that programs be
self-supporting.
11837.9. The participation of the probation department in a program
established pursuant to this chapter shall be described in the
amendment to the county plan.
11838. (a) The Legislature encourages all counties to utilize the
procedure described in this chapter, but recognizes that it is not
feasible for every county to establish its own programs. Accordingly,
two or more counties may jointly establish programs pursuant to
Section 11796 of this code or Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or
may furnish by contract the program services to residents of another
county pursuant to Section 11796 of this code. The board of
supervisors of the county in which the program is located shall be
responsible for assuring the integrity of the program as required
pursuant to subdivision (a) of Section 11837.6.
(b) For the purpose of determining a person's eligibility to
participate in an approved program where the person's county of
residence establishes a program with another county or contracts for
services pursuant to subdivision (a), the following eligibility
requirements shall apply:
(1) Where two or more counties jointly establish a program
pursuant to Section 11796 of this code or Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, subdivision (b) of Section 11838.2 shall apply.
(2) Where a county contracts for program services from another
county, only those residents alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code on or after the date
their county of residence executes a contract pursuant to subdivision
(a) to provide program services to their residents shall be eligible
to participate in such approved program pursuant to Section 11837.2.
Counties which contract for services pursuant to subdivision (a)
of this section shall notify the department not later than 14 days
following such action.
11838.1. The department, in cooperation with the county and the
Department of Motor Vehicles, shall establish uniform statewide
reporting procedures and forms for the submission of any appropriate
documents or information from boards of supervisors, administrators
of programs, county alcohol and drug program administrators, and
program participants to assure effective implementation of this
chapter.
11838.3. (a) The director may bring an action to enjoin any
violation of Section 11836.10 in the superior court in and for the
county in which the violation occurred. Any proceeding under the
provisions of this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11836.10 the court
shall, if it finds the allegations to be true, issue its order
enjoining the program from continuance of the violation.
11838.4. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 11836.10 may be assessed by the
department an immediate civil penalty in the amount of two hundred
dollars ($200) per day of the violation. The civil penalty shall be
imposed if an unlicensed program is operated and the operator refuses
to seek licensure or the operator's licensure application is denied
and the operator continues to operate the unlicensed program.
(b) In addition to suspension or revocation of a license issued
under this chapter, the department may levy a civil penalty against
any program provider who is not in compliance with statutes and
regulations.
(1) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall the
civil penalty assessment for noncompliance exceed one hundred fifty
dollars ($150) per day, or a total of five thousand dollars ($5,000).
(2) Prior to the assessment of any civil penalty other than a
civil penalty specified in paragraph (1) or (3), the program provider
shall have a minimum of 30 days to correct the deficiency.
(3) Any program provider that is cited for repeating the same
violation of this chapter within a 12-month period is subject to an
immediate civil penalty of one hundred fifty dollars ($150) and fifty
dollars ($50) for each day the violation continues until the
deficiency is corrected. In no event shall the total fine exceed five
thousand dollars ($5,000).
(4) The suspension, revocation, forfeiture, or surrender of a
license issued by the department shall not deprive the department of
its authority to institute or continue a disciplinary proceeding
against a licensee upon any grounds provided for in law or to enter
and order suspending or revoking the license or otherwise taking
disciplinary action against the licensee.
(c) An operator may appeal the assessment to the director, and if
the matter is unresolved at that stage, the operator may appeal the
director's decision in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
11838.5. The civil, criminal, and administrative remedies available
to the department pursuant to this article are not exclusive, and
may be sought and employed in any combination deemed advisable by the
department to enforce this chapter.
11838.10. The director may suspend or revoke any license issued
under this chapter, or deny an application to renew a license or to
modify the terms and conditions of a license, upon any of the
following grounds and in the manner provided in this chapter:
(a) Violation by the licensee of this chapter or regulations
adopted pursuant to this chapter.
(b) Repeated violation by the licensee of this chapter or
regulations adopted pursuant to this chapter.
(c) Aiding, abetting, or permitting the violation of, or any
repeated violation of, subdivisions (a) and (b).
(d) Continued program operations jeopardize the health and welfare
of participants or the public.
(e) Misrepresentation of any material fact in obtaining a multiple
offender program license.
11838.11. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all the powers granted by these provisions. In the event of conflict
between this chapter and the Government Code, the Government Code
shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a driving-under-the-influence
program. As used in this chapter, "program" means any firm,
partnership, association, corporation, local governmental entity,
agency, or place that has been initially recommended by the county
board of supervisors, subject to any limitation imposed pursuant to
subdivisions (c) and (d), and that is subsequently licensed by the
department to provide alcohol or drug recovery services in that
county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place restrictions on a program
that would violate a statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect a license that has been
previously issued by the department or the renewal of a license for a
driving-under-the-influence program. In counties where a contract or
other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
11836.10. No person, firm, partnership, association, corporation,
or local governmental entity shall operate, establish, manage,
conduct, or maintain a driving-under-the-influence program in this
state without a current and valid license issued pursuant to this
chapter.
11836.11. The department shall require license renewal on a
biennial basis.
11836.12. Criteria for licensure of new or existing programs shall
include all of the following:
(a) Completion of a written application containing necessary and
pertinent information describing the applicant program.
(b) Demonstration by the applicant that it possesses adequate
administrative, fiscal, and operational capability to operate a
driving-under-the-influence program.
(c) Onsite review of the program by department staff determines
that the program is clean, safe, free of alcohol or illicit drug use,
and that the program adheres to applicable statutes and regulations.
(d) The program has paid all licensing fees.
11836.14. An initial license shall not be issued until all
requirements identified in this chapter and in regulations adopted
pursuant to this chapter have been met.
11836.15. The department shall adopt regulations to implement this
chapter, in accordance with the purposes and process required in
Section 11835, which shall include, but not be limited to, the
following:
(a) Application requirements.
(b) Service requirements.
(c) Reporting requirements.
(d) Required staff qualifications.
(e) Management and documentation of participant records.
(f) Licensure fee assessment and collection procedures.
11836.16. The State Department of Alcohol and Drug Programs shall
adopt regulations for satellite offices of
driving-under-the-influence programs. The regulations shall include,
but not be limited to, any limitations on where a satellite office
may be located and the minimum and maximum number of clients to whom
a satellite office may provide services. When adopting regulations
pursuant to this section, the department shall also consider an
appropriate licensing procedure for these offices. For purposes of
this section, a "satellite office" is an offsite location of an
existing licensed driving-under-the-influence program.
11837. (a) Pursuant to the provisions of law relating to suspension
of a person's privilege to operate a motor vehicle upon conviction
for driving while under the influence of any alcoholic beverage or
drug, or under the combined influence of any alcoholic beverage and
any drug, as set forth in paragraph (3) of subdivision (a) of Section
13352 of the Vehicle Code, the Department of Motor Vehicles shall
restrict the driving privilege pursuant to Section 13352.5 of the
Vehicle Code, if the person convicted of that offense participates
for at least 18 months in a driving-under-the-influence program that
is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and
counseling services program pursuant to Section 23538 of the Vehicle
Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or
23568 of the Vehicle Code, in a licensed 18-month or 30-month
program, the court may consider any relevant information about the
person made available pursuant to a presentence investigation, that
is permitted but not required under Section 23655 of the Vehicle
Code, or other screening procedure. That information shall not be
furnished, however, by any person who also provides services in a
privately operated, licensed program or who has any direct interest
in a privately operated, licensed program. In addition, the court
shall obtain from the Department of Motor Vehicles a copy of the
person's driving record to determine whether the person is eligible
to participate in a licensed 18-month or 30-month program pursuant to
this chapter. When preparing a presentence report for the court, the
probation department may consider the suitability of placing the
defendant in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol or
controlled substance problem. If the probation department recommends
that this type of program is a suitable option for the defendant, the
defendant who would like the court to consider this option shall
obtain from his or her physician a prescription for the medication,
and a finding that the treatment is medically suitable for the
defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first 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 ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person's blood was 0.20 percent or
more, by weight, or the person refused to take a chemical test, the
court shall order the person 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, including those
education, group counseling, and individual interview sessions
described in this chapter.
(d) (1) The State Department of Alcohol and Drug Programs shall
specify in regulations the activities required to be provided in the
treatment of participants receiving nine months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the Vehicle
Code.
(e) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though the
person's privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section 23542
or 23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code may include
treatment of family members and significant other persons related to
the convicted person with the consent of those family members and
others as described in this chapter, if there is no increase in the
costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate in
the abstract of the record of the court that is forwarded to the
department.
(g) This section shall become operative on September 20, 2005.
11837.1. (a) In utilizing any program described in Section 11837,
the court may require periodic reports concerning the performance of
each person referred to and participating in a program. The program
shall provide the court, the Department of Motor Vehicles, and the
person participating in a program with an immediate report of any
failure of the person to comply with the program's rules and
policies.
(b) If, at any time after entry into or while participating in a
program, a participant who is referred to an 18-month program
described in Section 23542 of the Vehicle Code or a 30-month program
described in Section 23548, 23552, or 23568 of the Vehicle Code,
fails to comply with the rules and policies of the program, and that
fact is reported, the Department of Motor Vehicles shall suspend the
privilege of that person to operate a motor vehicle for the period
prescribed by law in accordance with Section 13352.5 of the Vehicle
Code, except as otherwise provided in this section. The Department of
Motor Vehicles shall notify the person of its action.
(c) If the department withdraws the license of a program, the
department shall immediately notify the Department of Motor Vehicles
of those persons who do not commence participation in a licensed
program within 21 days from the date of the withdrawal of the license
of the program in which the persons were previously participating.
The Department of Motor Vehicles shall suspend or revoke, for the
period prescribed by law, the privilege to operate a motor vehicle of
each of those persons referred to an 18-month program pursuant to
Section 23542 or 23562 of the Vehicle Code or to a 30-month program
pursuant to Section 23548, 23552, or 23568 of the Vehicle Code.
11837.2. (a) (1) The court may refer persons only to licensed
programs. Subject to these provisions, a person is eligible to
participate in the program if the program is operating in any of the
following:
(A) The county where the person is convicted.
(B) The county where the person resides.
(C) A county that has an agreement with the person's county of
residence pursuant to Section 11838.
(D) A county to which a person may request transfer pursuant to
subdivision (d).
(2) If a person granted probation under Section 23542 or 23562 of
the Vehicle Code cannot be referred to a licensed 18-month program
pursuant to this section, Section 13352.5 of the Vehicle Code does
not apply.
(b) If a person has consented to participate in a licensed program
and the county where the person is convicted is the same county in
which the person resides, the court may order the person to
participate in a licensed program within that county, or, if that
county does not have a licensed program, the court may order that
person to participate in a licensed program within another county,
pursuant to Section 11838.
(c) If a person has consented to participate in a licensed program
in the county in which that person resides or in a county in which
the person's county of residence has an agreement pursuant to Section
11838, and the county where the person is convicted is not the
county where the person resides, and if the court grants the person
summary probation, the court may order the person to participate in a
licensed program in that county. In lieu of summary probation, the
court may utilize the probation officer to implement the orders of
the court. If the county in which the person resides does not have a
licensed program or an agreement with another county pursuant to
Section 11838 and the person consents, the court may order the person
to participate in a licensed program within the county where that
person is convicted or in a county with which the county has an
agreement pursuant to Section 11838.
(d) Except as otherwise provided in subdivision (e), subsequent to
a person's commencement of participation in a program, the person
may request transfer to another licensed program (1) in the same
county in which the person has commenced participation in the
program, upon approval of that county's alcohol and drug program
administrator, or (2) in a county other than the county in which the
person has commenced participation in the program, upon approval of
the alcohol and drug program administrator of the county in which the
person is participating and the county to which the person is
requesting transfer.
(e) Subdivision (d) does not apply (1) if the court has ordered
the person to participate in a specific licensed program, unless the
court orders the transfer or, (2) if the person is under formal
probation, unless the probation officer consents to the transfer. The
department shall establish reporting forms and procedures to ensure
that the court receives notice of any program transfer pursuant to
this subdivision or subdivision (d).
(f) Jurisdiction of all postconviction matters arising pursuant to
this section may be retained by the court of conviction.
(g) The department, in cooperation with the Department of Motor
Vehicles and the county alcohol and drug program administrators,
shall establish procedures to ensure the effective implementation of
this section.
11837.3. (a) (1) Each county, through the county alcohol and drug
program administrator, shall determine its ability to establish,
through public or private resources, a program of alcohol and other
drug education and counseling services for a person whose license to
drive has been administratively suspended or revoked for, or who is
convicted of, a first violation of Section 23152 or 23153 of the
Vehicle Code, or who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of, or Section 655.4 of, the Harbors
and Navigation Code, pursuant to subdivisions (e) and (f) of Section
668 of the Harbors and Navigation Code. The program shall be
self-supporting through fees collected from program participants. The
program shall be of at least three months' duration and consist of
at least 30 hours of direct education and counseling services. The
program shall be authorized by each county and licensed by, and
operated under general regulations established by, the department.
(2) (A) A county that shows the department that it has
insufficient resources, insufficient potential program participants,
or other material disadvantages is not required to establish a
program.
(B) The department may license an alcohol and other drug education
program that is less than 30 hours in length in any county where the
board of supervisors has provided the showing pursuant to
subparagraph (A), and the department has upheld that showing. The
shorter program is subject to all other applicable regulations
developed by the department pursuant to paragraph (3) of subdivision
(b) of Section 11837.4.
(b) Each county that has approved an alcohol and other drug
education program or programs and that is licensed by the department
shall make provision for persons who can document current inability
to pay the program fee, in order to enable those persons to
participate. The county shall require that the program report the
failure of a person referred to the program to enroll in the program
to the referring court.
(c) In order to assure effectiveness of the alcohol and other drug
education and counseling program, the county shall provide, as
appropriate, services to ethnic minorities, women, youth, or any
other group that has particular needs related to the program.
(d) (1) Any person required to successfully complete an alcohol
and other drug education and counseling program as a condition of
probation shall enroll in the program and, except when enrollment is
required in a program that is required to report failures to enroll
to the court, shall furnish proof of the enrollment to the court
within the period of time and in the manner specified by the court.
The person also shall participate in and successfully complete the
program, and shall furnish proof of successful completion within the
period of time and in the manner specified by the court.
(2) An alcohol and other drug education and counseling program
shall report to the court, within the period of time and in the
manner specified by the court, the name of any person who fails to
successfully complete the program.
11837.4. (a) No program, regardless of how it is funded, may be
licensed unless all of the requirements of this chapter and of the
regulations adopted pursuant to this chapter have been met.
(b) Each licensed program shall include, but not be limited to,
the following:
(1) For the alcohol or drug education and counseling services
programs specified in subdivision (b) of Section 11837, each program
shall provide for close and regular face-to-face interviews. For the
18-month programs specified in subdivision (a) of Section 11837, each
program shall provide for close and regular supervision of the
person, including face-to-face interviews at least once every other
calendar week, regarding the person's progress in the program for the
first 12 months of the program and shall provide only community
reentry supervision during the final six months of the program. In
the last six months of the 18-month program, the provider shall
monitor the participant's community reentry activity with self-help
groups, employment, family, and other areas of self-improvement.
Unless otherwise ordered by the court, the provider's monitoring
services are limited to not more than six hours. For the 30-month
programs specified in subdivision (b) of Section 23548, subdivision
(b) of Section 23552, and subdivision (b) of Section 23568 of the
Vehicle Code, each program shall provide for close and regular
supervision of the person, including regular, scheduled face-to-face
interviews over the course of 30 months regarding the person's
progress in the program and recovery from problem drinking,
alcoholism, chemical dependency, or polydrug abuse, as prescribed by
regulations of the department. The interviews in any of those
programs shall be conducted individually with each person being
supervised and shall occur at times other than when the person is
participating in any group or other activities of the program. No
program activity in which the person is participating shall be
interrupted in order to conduct the individual interviews.
(2) (A) The department shall approve all fee schedules for the
programs and shall require that each program be self-supporting from
the participants' fees and that each program provide for the payment
of the costs of the program by participants at times and in amounts
commensurate with their ability to pay in order to enable these
persons to participate. Each program shall make provisions for
persons who can successfully document current inability to pay the
fees. Only the department may establish the criteria and procedures
for determining a participant's ability to pay. The department shall
ensure that the fees are set at amounts that will enable programs to
provide adequately for the immediate and long-term continuation of
services required pursuant to this chapter. The fees shall be used
only for the purposes set forth in this chapter, except that any
profit or surplus that does not exceed the maximum level established
by the department may be utilized for any purposes allowable under
any other provisions of law. In its regulations, the department shall
define, for the purposes of this paragraph, taking into account
prudent accounting, management, and business practices and
procedures, the terms "profits" and "surplus." The department shall
fairly construe these provisions so as not to jeopardize fiscal
integrity of the programs. The department may not license any program
if the department finds that any element of the administration of
the program does not assure the fiscal integrity of the program.
(B) Each program licensed by the department under this section may
request an increase in the fees. The request for an increase shall
initially be sent to the county alcohol and drug program
administrator. The county alcohol and drug program administrator
shall, within 30 days of receiving the request, forward it to the
department with the administrator's recommendation that the fee
increase be approved or disapproved.
(C) The administrator's recommendation shall, among other things,
take into account the rationale that the program has provided to the
administrator for the increase and whether that increase would exceed
the profit or surplus limit established by the department.
(D) If the county alcohol and drug program administrator fails to
forward the request to the department within the 30 days, the program
may send the request directly to the department. In this instance,
the department may act without the administrator's recommendation.
(E) The department shall, within 30 days of receiving the request
pursuant to subparagraph (B) or (D) approve or disapprove the
request. In making its decision, the department shall consider the
matters described in subparagraph (C).
(3) The licensed programs described in paragraph (1) shall include
a variety of treatment services for problem drinkers, alcoholics,
chemical dependents, and polydrug abusers or shall have the
capability of referring the persons to, and regularly and closely
supervising the persons while in, any appropriate medical, hospital,
or licensed residential treatment services or self-help groups for
their problem drinking, alcoholism, chemical dependency, or polydrug
abuse problem. In addition to the requirements of paragraph (1), the
department shall prescribe in its regulations what other services the
program shall provide, at a minimum, in the treatment of
participants, which services may include lectures, classes, group
discussions, group counseling, or individual counseling in addition
to the interviews required by paragraph (1), or any combination
thereof. However, any group discussion or counseling activity, other
than classes or lectures, shall be regularly scheduled to consist of
not more than 15 persons, except that they may, on an emergency
basis, exceed 15, but not more than 17, persons, at any one meeting.
At no time shall there be more than 17 persons in attendance at any
one meeting. For the 30-month programs specified in subdivision (b)
of Section 23548, subdivision (b) of Section 23552, and subdivision
(b) of Section 23568 of the Vehicle Code, each licensed program shall
include a method by which each participant shall maintain a
compendium of probative evidence, as prescribed in the regulations of
the department, on a trimonthly basis demonstrating a performance of
voluntary community service by the participant, including, but not
limited to, the prevention of drinking and driving, the promotion of
safe driving, and responsible attitudes toward the use of chemicals
of any kind, for not less than 120 hours and not more than 300 hours,
as determined by the court, with one-half of that time to be served
during the initial 18 months of program participation and one-half of
that time to be served in the final 12 months. In determining
whether or not the participant has met the objectives of the program,
the compendium of evidence shall also include, and the court shall
consider, the participant's demonstration of significant improvement
in any of the following areas of personal achievement:
(A) Significant improvement in occupational performance, including
efforts to obtain gainful employment.
(B) Significant improvement in physical and mental health.
(C) Significant improvement in family relations, including
financial obligations.
(D) Significant improvement in financial affairs and economic
stability.
The compendium of evidence shall be maintained by the participant
for review by the program, court, probation officer, or other
appropriate governmental agency. The program officials, unless
prohibited by the referring court, shall make provisions for a
participant to voluntarily enter, using the participant's own
resources, a licensed chemical dependency recovery hospital or
residential treatment program which has a valid license issued by the
State of California to provide alcohol or drug services, and to
receive three weeks of program participation credit for each week of
that treatment, not to exceed 12 weeks of program participation
credit, but only if the treatment is at least two weeks in duration.
The program shall document probative evidence of this hospital or
residential care treatment in the participant's program file.
(4) In order to assure program effectiveness, the department shall
require, whenever appropriate, that the licensed program provides
services to ethnic minorities, women, youth, or any other group that
has particular needs relating to the program.
(5) The goal of each program shall be to assist persons
participating in the program to recognize their chemical dependency
and to assist them in their recovery.
(6) Each program shall establish a method by which the court, the
Department of Motor Vehicles, and the person are notified in a timely
manner of the person's failure to comply with the program's rules
and regulations.
(c) No program may be licensed unless the county complies with the
requirements of subdivision (b) of Section 11812. The provider of a
program that offers an alcohol or drug education and counseling
services program, an 18-month program, or a 30-month program or any
or all of those programs described in this section shall be required
to obtain only one license. The department's regulations shall
specify the requirements for the establishment of each program. The
license issued by the department shall identify the program or
programs licensed to operate.
(d) (1) Departmental approval for the establishment of a 30-month
program by a licensed 18-month program is contingent upon approval by
the county alcohol and drug program administrator, based upon
confirmation that the program applicant is capable of providing the
service and that the fiscal integrity of the program applicant will
not be jeopardized by the operation of the program.
(2) The court shall refer a person to a 30-month treatment program
only if a 30-month program exists or is provided for in the
jurisdiction of the court.
(e) A county or program shall not prescribe additional program
requirements unless the requirements are specifically approved by the
department.
(f) The department may license a program on a provisional basis.
11837.5. (a) No person may participate in any program that has not
been licensed by the department pursuant to this chapter.
(b) The department shall charge reasonable fees for licensing
driving-under-the-influence programs. The department shall set the
fees in an amount sufficient to cover all administrative costs
incurred by the department and to reimburse the Department of Motor
Vehicles for the costs of the evaluation and report required by
Section 9 of Senate Bill 1344 of the 1989-90 Regular Session.
(c) The department may fine a provider who is delinquent in the
payment of licensing fees. The department shall deposit fines
collected from delinquent providers in the
Driving-Under-the-Influence Program Licensing Trust Fund, and the
revenues from the fines shall be used, upon appropriation, to offset
costs incurred by the department in the administration of the program
and to reimburse the Department of Motor Vehicles for the costs of
the evaluation and report required by Section 9 of Senate Bill 1344
of the 1989-90 Regular Session.
(d) If a program fails to pay licensing fees or assessed fines,
the department may deny an initial license or revoke an existing
license.
(e) There is established in the State Treasury a
Driving-Under-the-Influence Program Licensing Trust Fund. All fees,
fines, and penalties collected from driving-under-the-influence
programs shall be deposited in this fund. The money in the fund shall
be available when appropriated by the Legislature.
(f) The department shall prepare a report on the assets,
liabilities, and balance in the Driving-Under-the-Influence Program
Licensing Trust Fund when the department increases program licensing
fees. The report shall also include an itemized statement of income
and expenses for the trust fund since the last report. The department
shall submit the report to the Legislature and shall furnish a copy
of the report, upon request, to any provider of a
driving-under-the-influence program.
(g) Licensing fees shall be evaluated annually and based on the
department's projected costs for the forthcoming fiscal year. Any
excess fees remaining in the Driving-Under-the-Influence Program
Licensing Trust Fund at the close of the fiscal year shall be carried
forward and taken into consideration in establishment of fees for
the subsequent fiscal year. If the department proposes to increase
the licensing fees, the department shall justify the increase to the
Legislature by showing that sufficient assets are not currently
available in the Driving-Under-the-Influence Program Licensing Trust
Fund and that current licensing fee collections are not sufficient to
support current or planned expenses of the department for
driving-under-the-influence program licensing activities.
(h) Licensing fee collection procedures, which include the
assessment of fines for delinquent fee payments, shall be defined in
regulations adopted pursuant to this chapter.
11837.6. (a) The major responsibility for assuring programmatic and
fiscal integrity of each program rests with the county alcohol and
drug program administrator of each county utilizing a program
pursuant to this chapter.
(b) The county alcohol and drug program administrator shall
assure, through monitoring at least once every six months, compliance
with the applicable statutes and regulations by any licensed program
within the county's jurisdiction. Whenever possible, the county
monitoring shall coincide with the state licensing reviews. The
county alcohol and drug program administrator shall prepare and
submit, to the department and the program provider, an annual written
report of findings regarding the program's compliance with
applicable statutes and regulations.
(c) The county alcohol and drug program administrator shall submit
a description of each licensed program as part of the county plan.
(d) The county alcohol and drug program administrator shall notify
the department, within 30 days of the date that a program's license
is denied, suspended or revoked, of the individuals who failed to
commence participation in another licensed program within 21 days of
the license denial, suspension or revocation.
11837.7. (a) The county alcohol and drug program administrator, or
the advisory board acting through the county alcohol and drug program
administrator, shall inform the board of supervisors immediately if
it is determined that any program is not meeting the regulations
adopted by the department. The department shall be notified in
writing by the county alcohol and drug program administrator of any
program that is not in compliance with applicable statutes and
regulations.
(b) The department, the county alcohol and drug program
administrator, the chief probation officer, or their authorized
representatives may enter, in a nondisruptive manner, any class,
lecture, group discussion, or any other program element to observe
these activities.
(c) Notwithstanding subdivision (a) of Section 11837.6, the
department may audit, or contract for the auditing of, any licensed
program.
11837.8. (a) The department shall authorize each county alcohol and
drug program administrator to retain, in an amount not in excess of
that specified by the department, a portion of the fees charged for
participation in the program that is sufficient to reimburse the
county for the costs and expenses that the administrator reasonably
incurs in discharging his or her duties pursuant to this chapter.
(b) A county may not use for any purpose set forth in this chapter
any funds allocated to it by the department pursuant to Division
10.5 (commencing with Section 11750). The board of supervisors may
authorize the use of any other funds for any purpose set forth in
this chapter.
(c) Notwithstanding subdivision (b), a county with a population of
20,000 or less may utilize funds allocated by the department to
establish and administer a program if the department finds that the
county cannot establish a self-supporting program at reasonable cost
or is unable to establish jointly a program with another county. If
an exception is granted, reasonable effort shall be made by the
county to observe the intent of subdivision (b) that programs be
self-supporting.
11837.9. The participation of the probation department in a program
established pursuant to this chapter shall be described in the
amendment to the county plan.
11838. (a) The Legislature encourages all counties to utilize the
procedure described in this chapter, but recognizes that it is not
feasible for every county to establish its own programs. Accordingly,
two or more counties may jointly establish programs pursuant to
Section 11796 of this code or Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or
may furnish by contract the program services to residents of another
county pursuant to Section 11796 of this code. The board of
supervisors of the county in which the program is located shall be
responsible for assuring the integrity of the program as required
pursuant to subdivision (a) of Section 11837.6.
(b) For the purpose of determining a person's eligibility to
participate in an approved program where the person's county of
residence establishes a program with another county or contracts for
services pursuant to subdivision (a), the following eligibility
requirements shall apply:
(1) Where two or more counties jointly establish a program
pursuant to Section 11796 of this code or Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, subdivision (b) of Section 11838.2 shall apply.
(2) Where a county contracts for program services from another
county, only those residents alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code on or after the date
their county of residence executes a contract pursuant to subdivision
(a) to provide program services to their residents shall be eligible
to participate in such approved program pursuant to Section 11837.2.
Counties which contract for services pursuant to subdivision (a)
of this section shall notify the department not later than 14 days
following such action.
11838.1. The department, in cooperation with the county and the
Department of Motor Vehicles, shall establish uniform statewide
reporting procedures and forms for the submission of any appropriate
documents or information from boards of supervisors, administrators
of programs, county alcohol and drug program administrators, and
program participants to assure effective implementation of this
chapter.
11838.3. (a) The director may bring an action to enjoin any
violation of Section 11836.10 in the superior court in and for the
county in which the violation occurred. Any proceeding under the
provisions of this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11836.10 the court
shall, if it finds the allegations to be true, issue its order
enjoining the program from continuance of the violation.
11838.4. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 11836.10 may be assessed by the
department an immediate civil penalty in the amount of two hundred
dollars ($200) per day of the violation. The civil penalty shall be
imposed if an unlicensed program is operated and the operator refuses
to seek licensure or the operator's licensure application is denied
and the operator continues to operate the unlicensed program.
(b) In addition to suspension or revocation of a license issued
under this chapter, the department may levy a civil penalty against
any program provider who is not in compliance with statutes and
regulations.
(1) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall the
civil penalty assessment for noncompliance exceed one hundred fifty
dollars ($150) per day, or a total of five thousand dollars ($5,000).
(2) Prior to the assessment of any civil penalty other than a
civil penalty specified in paragraph (1) or (3), the program provider
shall have a minimum of 30 days to correct the deficiency.
(3) Any program provider that is cited for repeating the same
violation of this chapter within a 12-month period is subject to an
immediate civil penalty of one hundred fifty dollars ($150) and fifty
dollars ($50) for each day the violation continues until the
deficiency is corrected. In no event shall the total fine exceed five
thousand dollars ($5,000).
(4) The suspension, revocation, forfeiture, or surrender of a
license issued by the department shall not deprive the department of
its authority to institute or continue a disciplinary proceeding
against a licensee upon any grounds provided for in law or to enter
and order suspending or revoking the license or otherwise taking
disciplinary action against the licensee.
(c) An operator may appeal the assessment to the director, and if
the matter is unresolved at that stage, the operator may appeal the
director's decision in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
11838.5. The civil, criminal, and administrative remedies available
to the department pursuant to this article are not exclusive, and
may be sought and employed in any combination deemed advisable by the
department to enforce this chapter.
11838.10. The director may suspend or revoke any license issued
under this chapter, or deny an application to renew a license or to
modify the terms and conditions of a license, upon any of the
following grounds and in the manner provided in this chapter:
(a) Violation by the licensee of this chapter or regulations
adopted pursuant to this chapter.
(b) Repeated violation by the licensee of this chapter or
regulations adopted pursuant to this chapter.
(c) Aiding, abetting, or permitting the violation of, or any
repeated violation of, subdivisions (a) and (b).
(d) Continued program operations jeopardize the health and welfare
of participants or the public.
(e) Misrepresentation of any material fact in obtaining a multiple
offender program license.
11838.11. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all the powers granted by these provisions. In the event of conflict
between this chapter and the Government Code, the Government Code
shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
11836. (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a driving-under-the-influence
program. As used in this chapter, "program" means any firm,
partnership, association, corporation, local governmental entity,
agency, or place that has been initially recommended by the county
board of supervisors, subject to any limitation imposed pursuant to
subdivisions (c) and (d), and that is subsequently licensed by the
department to provide alcohol or drug recovery services in that
county to any of the following:
(1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services. If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
(d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place restrictions on a program
that would violate a statute or regulation.
(3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
(4) This subdivision is intended to apply only to the initial
recommendation to the department for licensure of a program by the
county. It is not intended to affect a license that has been
previously issued by the department or the renewal of a license for a
driving-under-the-influence program. In counties where a contract or
other written agreement is currently in effect between the county
and a licensed driving-under-the-influence program operating in that
county, this subdivision is not intended to alter the terms of that
relationship or the renewal of that relationship.
11836.10. No person, firm, partnership, association, corporation,
or local governmental entity shall operate, establish, manage,
conduct, or maintain a driving-under-the-influence program in this
state without a current and valid license issued pursuant to this
chapter.
11836.11. The department shall require license renewal on a
biennial basis.
11836.12. Criteria for licensure of new or existing programs shall
include all of the following:
(a) Completion of a written application containing necessary and
pertinent information describing the applicant program.
(b) Demonstration by the applicant that it possesses adequate
administrative, fiscal, and operational capability to operate a
driving-under-the-influence program.
(c) Onsite review of the program by department staff determines
that the program is clean, safe, free of alcohol or illicit drug use,
and that the program adheres to applicable statutes and regulations.
(d) The program has paid all licensing fees.
11836.14. An initial license shall not be issued until all
requirements identified in this chapter and in regulations adopted
pursuant to this chapter have been met.
11836.15. The department shall adopt regulations to implement this
chapter, in accordance with the purposes and process required in
Section 11835, which shall include, but not be limited to, the
following:
(a) Application requirements.
(b) Service requirements.
(c) Reporting requirements.
(d) Required staff qualifications.
(e) Management and documentation of participant records.
(f) Licensure fee assessment and collection procedures.
11836.16. The State Department of Alcohol and Drug Programs shall
adopt regulations for satellite offices of
driving-under-the-influence programs. The regulations shall include,
but not be limited to, any limitations on where a satellite office
may be located and the minimum and maximum number of clients to whom
a satellite office may provide services. When adopting regulations
pursuant to this section, the department shall also consider an
appropriate licensing procedure for these offices. For purposes of
this section, a "satellite office" is an offsite location of an
existing licensed driving-under-the-influence program.
11837. (a) Pursuant to the provisions of law relating to suspension
of a person's privilege to operate a motor vehicle upon conviction
for driving while under the influence of any alcoholic beverage or
drug, or under the combined influence of any alcoholic beverage and
any drug, as set forth in paragraph (3) of subdivision (a) of Section
13352 of the Vehicle Code, the Department of Motor Vehicles shall
restrict the driving privilege pursuant to Section 13352.5 of the
Vehicle Code, if the person convicted of that offense participates
for at least 18 months in a driving-under-the-influence program that
is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to
participate in a program pursuant to Section 668 of the Harbors and
Navigation Code, in a licensed alcohol and other drug education and
counseling services program pursuant to Section 23538 of the Vehicle
Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or
23568 of the Vehicle Code, in a licensed 18-month or 30-month
program, the court may consider any relevant information about the
person made available pursuant to a presentence investigation, that
is permitted but not required under Section 23655 of the Vehicle
Code, or other screening procedure. That information shall not be
furnished, however, by any person who also provides services in a
privately operated, licensed program or who has any direct interest
in a privately operated, licensed program. In addition, the court
shall obtain from the Department of Motor Vehicles a copy of the
person's driving record to determine whether the person is eligible
to participate in a licensed 18-month or 30-month program pursuant to
this chapter. When preparing a presentence report for the court, the
probation department may consider the suitability of placing the
defendant in a treatment program that includes the administration of
nonscheduled nonaddicting medications to ameliorate an alcohol or
controlled substance problem. If the probation department recommends
that this type of program is a suitable option for the defendant, the
defendant who would like the court to consider this option shall
obtain from his or her physician a prescription for the medication,
and a finding that the treatment is medically suitable for the
defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to
Section 23538 or 23556 of the Vehicle Code, refer a first 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 ordered by the court, in a licensed program that consists
of at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described in this chapter.
(2) Notwithstanding any other provision of law, in granting
probation to a first offender described in this subdivision whose
concentration of alcohol in the person's blood was 0.20 percent or
more, by weight, or the person refused to take a chemical test, the
court shall order the person 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, including those
education, group counseling, and individual interview sessions
described in this chapter.
(d) (1) The State Department of Alcohol and Drug Programs shall
specify in regulations the activities required to be provided in the
treatment of participants receiving nine months of licensed program
services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide
treatment services to participants receiving at least six months of
licensed program services under Section 23538 or 23556 of the Vehicle
Code.
(e) The court may, subject to Section 11837.2, and as a condition
of probation, refer a person to a licensed program, even though the
person's privilege to operate a motor vehicle is restricted,
suspended, or revoked. An 18-month program described in Section 23542
or 23562 of the Vehicle Code or a 30-month program described in
Section 23548, 23552, or 23568 of the Vehicle Code may include
treatment of family members and significant other persons related to
the convicted person with the consent of those family members and
others as described in this chapter, if there is no increase in the
costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the
program in which the judge has ordered the person to participate in
the abstract of the record of the court that is forwarded to the
department.
(g) This section shall become operative on September 20, 2005.
11837.1. (a) In utilizing any program described in Section 11837,
the court may require periodic reports concerning the performance of
each person referred to and participating in a program. The program
shall provide the court, the Department of Motor Vehicles, and the
person participating in a program with an immediate report of any
failure of the person to comply with the program's rules and
policies.
(b) If, at any time after entry into or while participating in a
program, a participant who is referred to an 18-month program
described in Section 23542 of the Vehicle Code or a 30-month program
described in Section 23548, 23552, or 23568 of the Vehicle Code,
fails to comply with the rules and policies of the program, and that
fact is reported, the Department of Motor Vehicles shall suspend the
privilege of that person to operate a motor vehicle for the period
prescribed by law in accordance with Section 13352.5 of the Vehicle
Code, except as otherwise provided in this section. The Department of
Motor Vehicles shall notify the person of its action.
(c) If the department withdraws the license of a program, the
department shall immediately notify the Department of Motor Vehicles
of those persons who do not commence participation in a licensed
program within 21 days from the date of the withdrawal of the license
of the program in which the persons were previously participating.
The Department of Motor Vehicles shall suspend or revoke, for the
period prescribed by law, the privilege to operate a motor vehicle of
each of those persons referred to an 18-month program pursuant to
Section 23542 or 23562 of the Vehicle Code or to a 30-month program
pursuant to Section 23548, 23552, or 23568 of the Vehicle Code.
11837.2. (a) (1) The court may refer persons only to licensed
programs. Subject to these provisions, a person is eligible to
participate in the program if the program is operating in any of the
following:
(A) The county where the person is convicted.
(B) The county where the person resides.
(C) A county that has an agreement with the person's county of
residence pursuant to Section 11838.
(D) A county to which a person may request transfer pursuant to
subdivision (d).
(2) If a person granted probation under Section 23542 or 23562 of
the Vehicle Code cannot be referred to a licensed 18-month program
pursuant to this section, Section 13352.5 of the Vehicle Code does
not apply.
(b) If a person has consented to participate in a licensed program
and the county where the person is convicted is the same county in
which the person resides, the court may order the person to
participate in a licensed program within that county, or, if that
county does not have a licensed program, the court may order that
person to participate in a licensed program within another county,
pursuant to Section 11838.
(c) If a person has consented to participate in a licensed program
in the county in which that person resides or in a county in which
the person's county of residence has an agreement pursuant to Section
11838, and the county where the person is convicted is not the
county where the person resides, and if the court grants the person
summary probation, the court may order the person to participate in a
licensed program in that county. In lieu of summary probation, the
court may utilize the probation officer to implement the orders of
the court. If the county in which the person resides does not have a
licensed program or an agreement with another county pursuant to
Section 11838 and the person consents, the court may order the person
to participate in a licensed program within the county where that
person is convicted or in a county with which the county has an
agreement pursuant to Section 11838.
(d) Except as otherwise provided in subdivision (e), subsequent to
a person's commencement of participation in a program, the person
may request transfer to another licensed program (1) in the same
county in which the person has commenced participation in the
program, upon approval of that county's alcohol and drug program
administrator, or (2) in a county other than the county in which the
person has commenced participation in the program, upon approval of
the alcohol and drug program administrator of the county in which the
person is participating and the county to which the person is
requesting transfer.
(e) Subdivision (d) does not apply (1) if the court has ordered
the person to participate in a specific licensed program, unless the
court orders the transfer or, (2) if the person is under formal
probation, unless the probation officer consents to the transfer. The
department shall establish reporting forms and procedures to ensure
that the court receives notice of any program transfer pursuant to
this subdivision or subdivision (d).
(f) Jurisdiction of all postconviction matters arising pursuant to
this section may be retained by the court of conviction.
(g) The department, in cooperation with the Department of Motor
Vehicles and the county alcohol and drug program administrators,
shall establish procedures to ensure the effective implementation of
this section.
11837.3. (a) (1) Each county, through the county alcohol and drug
program administrator, shall determine its ability to establish,
through public or private resources, a program of alcohol and other
drug education and counseling services for a person whose license to
drive has been administratively suspended or revoked for, or who is
convicted of, a first violation of Section 23152 or 23153 of the
Vehicle Code, or who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of, or Section 655.4 of, the Harbors
and Navigation Code, pursuant to subdivisions (e) and (f) of Section
668 of the Harbors and Navigation Code. The program shall be
self-supporting through fees collected from program participants. The
program shall be of at least three months' duration and consist of
at least 30 hours of direct education and counseling services. The
program shall be authorized by each county and licensed by, and
operated under general regulations established by, the department.
(2) (A) A county that shows the department that it has
insufficient resources, insufficient potential program participants,
or other material disadvantages is not required to establish a
program.
(B) The department may license an alcohol and other drug education
program that is less than 30 hours in length in any county where the
board of supervisors has provided the showing pursuant to
subparagraph (A), and the department has upheld that showing. The
shorter program is subject to all other applicable regulations
developed by the department pursuant to paragraph (3) of subdivision
(b) of Section 11837.4.
(b) Each county that has approved an alcohol and other drug
education program or programs and that is licensed by the department
shall make provision for persons who can document current inability
to pay the program fee, in order to enable those persons to
participate. The county shall require that the program report the
failure of a person referred to the program to enroll in the program
to the referring court.
(c) In order to assure effectiveness of the alcohol and other drug
education and counseling program, the county shall provide, as
appropriate, services to ethnic minorities, women, youth, or any
other group that has particular needs related to the program.
(d) (1) Any person required to successfully complete an alcohol
and other drug education and counseling program as a condition of
probation shall enroll in the program and, except when enrollment is
required in a program that is required to report failures to enroll
to the court, shall furnish proof of the enrollment to the court
within the period of time and in the manner specified by the court.
The person also shall participate in and successfully complete the
program, and shall furnish proof of successful completion within the
period of time and in the manner specified by the court.
(2) An alcohol and other drug education and counseling program
shall report to the court, within the period of time and in the
manner specified by the court, the name of any person who fails to
successfully complete the program.
11837.4. (a) No program, regardless of how it is funded, may be
licensed unless all of the requirements of this chapter and of the
regulations adopted pursuant to this chapter have been met.
(b) Each licensed program shall include, but not be limited to,
the following:
(1) For the alcohol or drug education and counseling services
programs specified in subdivision (b) of Section 11837, each program
shall provide for close and regular face-to-face interviews. For the
18-month programs specified in subdivision (a) of Section 11837, each
program shall provide for close and regular supervision of the
person, including face-to-face interviews at least once every other
calendar week, regarding the person's progress in the program for the
first 12 months of the program and shall provide only community
reentry supervision during the final six months of the program. In
the last six months of the 18-month program, the provider shall
monitor the participant's community reentry activity with self-help
groups, employment, family, and other areas of self-improvement.
Unless otherwise ordered by the court, the provider's monitoring
services are limited to not more than six hours. For the 30-month
programs specified in subdivision (b) of Section 23548, subdivision
(b) of Section 23552, and subdivision (b) of Section 23568 of the
Vehicle Code, each program shall provide for close and regular
supervision of the person, including regular, scheduled face-to-face
interviews over the course of 30 months regarding the person's
progress in the program and recovery from problem drinking,
alcoholism, chemical dependency, or polydrug abuse, as prescribed by
regulations of the department. The interviews in any of those
programs shall be conducted individually with each person being
supervised and shall occur at times other than when the person is
participating in any group or other activities of the program. No
program activity in which the person is participating shall be
interrupted in order to conduct the individual interviews.
(2) (A) The department shall approve all fee schedules for the
programs and shall require that each program be self-supporting from
the participants' fees and that each program provide for the payment
of the costs of the program by participants at times and in amounts
commensurate with their ability to pay in order to enable these
persons to participate. Each program shall make provisions for
persons who can successfully document current inability to pay the
fees. Only the department may establish the criteria and procedures
for determining a participant's ability to pay. The department shall
ensure that the fees are set at amounts that will enable programs to
provide adequately for the immediate and long-term continuation of
services required pursuant to this chapter. The fees shall be used
only for the purposes set forth in this chapter, except that any
profit or surplus that does not exceed the maximum level established
by the department may be utilized for any purposes allowable under
any other provisions of law. In its regulations, the department shall
define, for the purposes of this paragraph, taking into account
prudent accounting, management, and business practices and
procedures, the terms "profits" and "surplus." The department shall
fairly construe these provisions so as not to jeopardize fiscal
integrity of the programs. The department may not license any program
if the department finds that any element of the administration of
the program does not assure the fiscal integrity of the program.
(B) Each program licensed by the department under this section may
request an increase in the fees. The request for an increase shall
initially be sent to the county alcohol and drug program
administrator. The county alcohol and drug program administrator
shall, within 30 days of receiving the request, forward it to the
department with the administrator's recommendation that the fee
increase be approved or disapproved.
(C) The administrator's recommendation shall, among other things,
take into account the rationale that the program has provided to the
administrator for the increase and whether that increase would exceed
the profit or surplus limit established by the department.
(D) If the county alcohol and drug program administrator fails to
forward the request to the department within the 30 days, the program
may send the request directly to the department. In this instance,
the department may act without the administrator's recommendation.
(E) The department shall, within 30 days of receiving the request
pursuant to subparagraph (B) or (D) approve or disapprove the
request. In making its decision, the department shall consider the
matters described in subparagraph (C).
(3) The licensed programs described in paragraph (1) shall include
a variety of treatment services for problem drinkers, alcoholics,
chemical dependents, and polydrug abusers or shall have the
capability of referring the persons to, and regularly and closely
supervising the persons while in, any appropriate medical, hospital,
or licensed residential treatment services or self-help groups for
their problem drinking, alcoholism, chemical dependency, or polydrug
abuse problem. In addition to the requirements of paragraph (1), the
department shall prescribe in its regulations what other services the
program shall provide, at a minimum, in the treatment of
participants, which services may include lectures, classes, group
discussions, group counseling, or individual counseling in addition
to the interviews required by paragraph (1), or any combination
thereof. However, any group discussion or counseling activity, other
than classes or lectures, shall be regularly scheduled to consist of
not more than 15 persons, except that they may, on an emergency
basis, exceed 15, but not more than 17, persons, at any one meeting.
At no time shall there be more than 17 persons in attendance at any
one meeting. For the 30-month programs specified in subdivision (b)
of Section 23548, subdivision (b) of Section 23552, and subdivision
(b) of Section 23568 of the Vehicle Code, each licensed program shall
include a method by which each participant shall maintain a
compendium of probative evidence, as prescribed in the regulations of
the department, on a trimonthly basis demonstrating a performance of
voluntary community service by the participant, including, but not
limited to, the prevention of drinking and driving, the promotion of
safe driving, and responsible attitudes toward the use of chemicals
of any kind, for not less than 120 hours and not more than 300 hours,
as determined by the court, with one-half of that time to be served
during the initial 18 months of program participation and one-half of
that time to be served in the final 12 months. In determining
whether or not the participant has met the objectives of the program,
the compendium of evidence shall also include, and the court shall
consider, the participant's demonstration of significant improvement
in any of the following areas of personal achievement:
(A) Significant improvement in occupational performance, including
efforts to obtain gainful employment.
(B) Significant improvement in physical and mental health.
(C) Significant improvement in family relations, including
financial obligations.
(D) Significant improvement in financial affairs and economic
stability.
The compendium of evidence shall be maintained by the participant
for review by the program, court, probation officer, or other
appropriate governmental agency. The program officials, unless
prohibited by the referring court, shall make provisions for a
participant to voluntarily enter, using the participant's own
resources, a licensed chemical dependency recovery hospital or
residential treatment program which has a valid license issued by the
State of California to provide alcohol or drug services, and to
receive three weeks of program participation credit for each week of
that treatment, not to exceed 12 weeks of program participation
credit, but only if the treatment is at least two weeks in duration.
The program shall document probative evidence of this hospital or
residential care treatment in the participant's program file.
(4) In order to assure program effectiveness, the department shall
require, whenever appropriate, that the licensed program provides
services to ethnic minorities, women, youth, or any other group that
has particular needs relating to the program.
(5) The goal of each program shall be to assist persons
participating in the program to recognize their chemical dependency
and to assist them in their recovery.
(6) Each program shall establish a method by which the court, the
Department of Motor Vehicles, and the person are notified in a timely
manner of the person's failure to comply with the program's rules
and regulations.
(c) No program may be licensed unless the county complies with the
requirements of subdivision (b) of Section 11812. The provider of a
program that offers an alcohol or drug education and counseling
services program, an 18-month program, or a 30-month program or any
or all of those programs described in this section shall be required
to obtain only one license. The department's regulations shall
specify the requirements for the establishment of each program. The
license issued by the department shall identify the program or
programs licensed to operate.
(d) (1) Departmental approval for the establishment of a 30-month
program by a licensed 18-month program is contingent upon approval by
the county alcohol and drug program administrator, based upon
confirmation that the program applicant is capable of providing the
service and that the fiscal integrity of the program applicant will
not be jeopardized by the operation of the program.
(2) The court shall refer a person to a 30-month treatment program
only if a 30-month program exists or is provided for in the
jurisdiction of the court.
(e) A county or program shall not prescribe additional program
requirements unless the requirements are specifically approved by the
department.
(f) The department may license a program on a provisional basis.
11837.5. (a) No person may participate in any program that has not
been licensed by the department pursuant to this chapter.
(b) The department shall charge reasonable fees for licensing
driving-under-the-influence programs. The department shall set the
fees in an amount sufficient to cover all administrative costs
incurred by the department and to reimburse the Department of Motor
Vehicles for the costs of the evaluation and report required by
Section 9 of Senate Bill 1344 of the 1989-90 Regular Session.
(c) The department may fine a provider who is delinquent in the
payment of licensing fees. The department shall deposit fines
collected from delinquent providers in the
Driving-Under-the-Influence Program Licensing Trust Fund, and the
revenues from the fines shall be used, upon appropriation, to offset
costs incurred by the department in the administration of the program
and to reimburse the Department of Motor Vehicles for the costs of
the evaluation and report required by Section 9 of Senate Bill 1344
of the 1989-90 Regular Session.
(d) If a program fails to pay licensing fees or assessed fines,
the department may deny an initial license or revoke an existing
license.
(e) There is established in the State Treasury a
Driving-Under-the-Influence Program Licensing Trust Fund. All fees,
fines, and penalties collected from driving-under-the-influence
programs shall be deposited in this fund. The money in the fund shall
be available when appropriated by the Legislature.
(f) The department shall prepare a report on the assets,
liabilities, and balance in the Driving-Under-the-Influence Program
Licensing Trust Fund when the department increases program licensing
fees. The report shall also include an itemized statement of income
and expenses for the trust fund since the last report. The department
shall submit the report to the Legislature and shall furnish a copy
of the report, upon request, to any provider of a
driving-under-the-influence program.
(g) Licensing fees shall be evaluated annually and based on the
department's projected costs for the forthcoming fiscal year. Any
excess fees remaining in the Driving-Under-the-Influence Program
Licensing Trust Fund at the close of the fiscal year shall be carried
forward and taken into consideration in establishment of fees for
the subsequent fiscal year. If the department proposes to increase
the licensing fees, the department shall justify the increase to the
Legislature by showing that sufficient assets are not currently
available in the Driving-Under-the-Influence Program Licensing Trust
Fund and that current licensing fee collections are not sufficient to
support current or planned expenses of the department for
driving-under-the-influence program licensing activities.
(h) Licensing fee collection procedures, which include the
assessment of fines for delinquent fee payments, shall be defined in
regulations adopted pursuant to this chapter.
11837.6. (a) The major responsibility for assuring programmatic and
fiscal integrity of each program rests with the county alcohol and
drug program administrator of each county utilizing a program
pursuant to this chapter.
(b) The county alcohol and drug program administrator shall
assure, through monitoring at least once every six months, compliance
with the applicable statutes and regulations by any licensed program
within the county's jurisdiction. Whenever possible, the county
monitoring shall coincide with the state licensing reviews. The
county alcohol and drug program administrator shall prepare and
submit, to the department and the program provider, an annual written
report of findings regarding the program's compliance with
applicable statutes and regulations.
(c) The county alcohol and drug program administrator shall submit
a description of each licensed program as part of the county plan.
(d) The county alcohol and drug program administrator shall notify
the department, within 30 days of the date that a program's license
is denied, suspended or revoked, of the individuals who failed to
commence participation in another licensed program within 21 days of
the license denial, suspension or revocation.
11837.7. (a) The county alcohol and drug program administrator, or
the advisory board acting through the county alcohol and drug program
administrator, shall inform the board of supervisors immediately if
it is determined that any program is not meeting the regulations
adopted by the department. The department shall be notified in
writing by the county alcohol and drug program administrator of any
program that is not in compliance with applicable statutes and
regulations.
(b) The department, the county alcohol and drug program
administrator, the chief probation officer, or their authorized
representatives may enter, in a nondisruptive manner, any class,
lecture, group discussion, or any other program element to observe
these activities.
(c) Notwithstanding subdivision (a) of Section 11837.6, the
department may audit, or contract for the auditing of, any licensed
program.
11837.8. (a) The department shall authorize each county alcohol and
drug program administrator to retain, in an amount not in excess of
that specified by the department, a portion of the fees charged for
participation in the program that is sufficient to reimburse the
county for the costs and expenses that the administrator reasonably
incurs in discharging his or her duties pursuant to this chapter.
(b) A county may not use for any purpose set forth in this chapter
any funds allocated to it by the department pursuant to Division
10.5 (commencing with Section 11750). The board of supervisors may
authorize the use of any other funds for any purpose set forth in
this chapter.
(c) Notwithstanding subdivision (b), a county with a population of
20,000 or less may utilize funds allocated by the department to
establish and administer a program if the department finds that the
county cannot establish a self-supporting program at reasonable cost
or is unable to establish jointly a program with another county. If
an exception is granted, reasonable effort shall be made by the
county to observe the intent of subdivision (b) that programs be
self-supporting.
11837.9. The participation of the probation department in a program
established pursuant to this chapter shall be described in the
amendment to the county plan.
11838. (a) The Legislature encourages all counties to utilize the
procedure described in this chapter, but recognizes that it is not
feasible for every county to establish its own programs. Accordingly,
two or more counties may jointly establish programs pursuant to
Section 11796 of this code or Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or
may furnish by contract the program services to residents of another
county pursuant to Section 11796 of this code. The board of
supervisors of the county in which the program is located shall be
responsible for assuring the integrity of the program as required
pursuant to subdivision (a) of Section 11837.6.
(b) For the purpose of determining a person's eligibility to
participate in an approved program where the person's county of
residence establishes a program with another county or contracts for
services pursuant to subdivision (a), the following eligibility
requirements shall apply:
(1) Where two or more counties jointly establish a program
pursuant to Section 11796 of this code or Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, subdivision (b) of Section 11838.2 shall apply.
(2) Where a county contracts for program services from another
county, only those residents alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code on or after the date
their county of residence executes a contract pursuant to subdivision
(a) to provide program services to their residents shall be eligible
to participate in such approved program pursuant to Section 11837.2.
Counties which contract for services pursuant to subdivision (a)
of this section shall notify the department not later than 14 days
following such action.
11838.1. The department, in cooperation with the county and the
Department of Motor Vehicles, shall establish uniform statewide
reporting procedures and forms for the submission of any appropriate
documents or information from boards of supervisors, administrators
of programs, county alcohol and drug program administrators, and
program participants to assure effective implementation of this
chapter.
11838.3. (a) The director may bring an action to enjoin any
violation of Section 11836.10 in the superior court in and for the
county in which the violation occurred. Any proceeding under the
provisions of this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss.
(b) With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 11836.10 the court
shall, if it finds the allegations to be true, issue its order
enjoining the program from continuance of the violation.
11838.4. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 11836.10 may be assessed by the
department an immediate civil penalty in the amount of two hundred
dollars ($200) per day of the violation. The civil penalty shall be
imposed if an unlicensed program is operated and the operator refuses
to seek licensure or the operator's licensure application is denied
and the operator continues to operate the unlicensed program.
(b) In addition to suspension or revocation of a license issued
under this chapter, the department may levy a civil penalty against
any program provider who is not in compliance with statutes and
regulations.
(1) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall the
civil penalty assessment for noncompliance exceed one hundred fifty
dollars ($150) per day, or a total of five thousand dollars ($5,000).
(2) Prior to the assessment of any civil penalty other than a
civil penalty specified in paragraph (1) or (3), the program provider
shall have a minimum of 30 days to correct the deficiency.
(3) Any program provider that is cited for repeating the same
violation of this chapter within a 12-month period is subject to an
immediate civil penalty of one hundred fifty dollars ($150) and fifty
dollars ($50) for each day the violation continues until the
deficiency is corrected. In no event shall the total fine exceed five
thousand dollars ($5,000).
(4) The suspension, revocation, forfeiture, or surrender of a
license issued by the department shall not deprive the department of
its authority to institute or continue a disciplinary proceeding
against a licensee upon any grounds provided for in law or to enter
and order suspending or revoking the license or otherwise taking
disciplinary action against the licensee.
(c) An operator may appeal the assessment to the director, and if
the matter is unresolved at that stage, the operator may appeal the
director's decision in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
11838.5. The civil, criminal, and administrative remedies available
to the department pursuant to this article are not exclusive, and
may be sought and employed in any combination deemed advisable by the
department to enforce this chapter.
11838.10. The director may suspend or revoke any license issued
under this chapter, or deny an application to renew a license or to
modify the terms and conditions of a license, upon any of the
following grounds and in the manner provided in this chapter:
(a) Violation by the licensee of this chapter or regulations
adopted pursuant to this chapter.
(b) Repeated violation by the licensee of this chapter or
regulations adopted pursuant to this chapter.
(c) Aiding, abetting, or permitting the violation of, or any
repeated violation of, subdivisions (a) and (b).
(d) Continued program operations jeopardize the health and welfare
of participants or the public.
(e) Misrepresentation of any material fact in obtaining a multiple
offender program license.
11838.11. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all the powers granted by these provisions. In the event of conflict
between this chapter and the Government Code, the Government Code
shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
