Section 11837.3 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.
11837.3
. (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.