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 Health Care Services may 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.