Section 11837.2 Of Chapter 9. Services To Persons Convicted For Driving While Under The Influence Of Alcohol And Other Drugs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 9.
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.