Today's Law As Amended

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SB-545 Vehicles: 24/7 Sobriety program.(2017-2018)


 Section 23581 is added to the Vehicle Code, to read:

 (a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (b), as a condition of probation, parole, sentence, or work permit if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.
(b) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time and be subject to at least twice-per-day breath testing for alcohol or periodic testing for controlled substances at a testing location. In the event of a hardship, testing for alcohol may be accomplished by a continuous transdermal monitoring device or by an alternative method approved by the National Highway Traffic Safety Administration. Methodologies that provide immediate, in-person positive reinforcement for compliant behavior and the most immediate sanctions for noncompliant events are preferred testing methodologies under this program. However, a participant’s ability to maintain employment, schooling, or family life, usually due to lack of proximity to a testing location, may be considered a hardship for the purposes of this subdivision. The 24/7 Sobriety program methodology shall be evidence-based.
(c) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code.
(d) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(e) The department shall establish statewide uniform collection and reporting of all of the following data:
(1) Participant demographic information.
(2) Participant case history information.
(3) Testing information, including testing duration, test results, testing attendance, and testing compliance.
(4) Fees and fee payments.
(f) A county may establish a 24/7 Sobriety program as defined in subdivision (b), but this section does not require a county to establish a 24/7 Sobriety program.