23583.
(a) (1) In order to strengthen the posttrial options available to prosecutors and judges, the court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety” monitoring program as a condition of probation, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.(2) For purposes of this section, a “24/7 Sobriety program” requires a person in the program to abstain from alcohol and unauthorized
controlled substances and requires the person to be subject to frequent testing for alcohol or controlled substances, with certain but modest punishment for violations of the program. The methodology for the program shall be evidence-based. Persons ordered into the program may also be required to participate in other driving-under-the-influence programs as provided by other law. The program shall be licensed pursuant to Section 11836 of the Health and Safety Code.
(3) For purposes of this subdivision, the term “evidence-based program” means a program that satisfies the requirements of at least two of the following:
(A) The program is included in the federal registry of evidence-based
programs and practices.
(B) The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome.
(C) The program has been documented as effective by informed experts and other sources.
(b) As the court deems appropriate, the program may monitor alcohol or controlled substances through one or more of the following modalities:
(1) Breath testing, twice a day.
(2) Continuous transdermal alcohol monitoring in cases of hardship.
(3) Random blood, breath, sweat, urine, or oral fluid
testing.
(c) Testing locations that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference.
(d) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.
(e) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test.
(f) The court, in establishing reporting requirements, shall consult
with the county probation department.
(g)(1)The court may notify the department that a person participating in the program who provides proof of insurance is eligible for a temporary restricted driver’s license.
(2)If the person fails to comply with the program’s requirements, the court shall notify the department of the individual’s noncompliance and direct the department to withdraw the person’s restricted driver’s license
and reinstate the remainder of the suspension period. The person’s driving privilege shall not be restored until the person provides proof satisfactory to the department of successful completion of the program.
(3)Notwithstanding any other law, a person who receives a temporary restricted driver’s license pursuant to this section is exempt from any requirement to install an ignition interlock device on the person’s vehicle during the time the person is participating in the program.
(h)
(g) The department shall study and report to the Legislature by January 1, 2020, on the success of the 24/7 Sobriety program authorized pursuant to this section in reducing the driving-under-the-influence recidivism rate in counties where it is used. The report shall be submitted pursuant to Section 9795 of the Government Code.
(i)
(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.