California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 3 - Program Standards
Article 1 - General Standards
Section 9851 - Program Services to be Provided

Universal Citation: 9 CA Code of Regs 9851

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The DUI program shall require a participant enrolled in a program pursuant to Vehicle Code Section 23103.5(e) or 23140 to complete 12 hours of educational sessions, provided in accordance with Section 9852.

(b) The DUI program shall require a participant enrolled in a three-month first offender program to complete the following:

(1) Twelve hours of educational sessions, provided in accordance with Section 9852.

(2) Ten hours of group counseling sessions, provided in accordance with Section 9854.

(3) Eight additional hours of program services, consisting of educational sessions, group counseling sessions, or a combination of the two, at the option of the DUI program and as approved by the county alcohol and drug program administrator.

(4) A minimum of three face-to-face interviews, provided in accordance with Section 9858. The DUI program shall conduct the initial face-to-face interview within 21 days of enrollment, and the second face-to-face interview at the mid-point of the program. The final face-to-face interview shall serve as the exit interview. At the DUI program's option, more than three face-to-face interviews may be provided so long as the participant is not charged for the additional face-to-face interviews.

(5) Any additional county requirements approved in accordance with Section 9860.

(c) The DUI program shall require a first offender with court-ordered duration of participation to participate in the program for six months or longer as ordered by the court. During that time the DUI program shall require the participant to complete the following:

(1) A minimum of 12 hours of educational sessions, provided in accordance with Section 9852.

(2) A minimum of 28 hours of group counseling sessions, provided in accordance with Section 9854.

(3) A minimum of four face-to-face interviews, provided in accordance with Section 9858. The DUI program shall conduct the initial face-to-face interview within 21 days of enrollment. The DUI program shall conduct one face-to-face interview at the end of the second month, and one at the end of the fourth month. The final face-to-face interview shall serve as the exit interview.

(4) Four additional hours of program services, consisting of educational sessions, group counseling sessions, face-to-face interviews or a combination of the three, at the option of the DUI program and as approved by the county alcohol and drug program administrator.

(5) Any additional county requirements approved in accordance with Section 9860.

(d) The DUI program shall require a first offender with court-ordered duration of participation to participate in the program for nine months or longer as ordered by the court. During that time the DUI program shall require the participant to complete the following:

(1) A minimum of 12 hours of educational sessions provided in accordance with Section 9852.

(2) A minimum of 44 hours of group counseling sessions provided in accordance with Section 9854.

(3) A minimum of five face-to-face interviews provided in accordance with Section 9858. The DUI program shall conduct the first face-to-face interview within 21 days of the enrollment and one interview every other month thereafter. The DUI program shall conduct the final face-to-face interview as an exit interview at the end of the program.

(4) Four additional hours of program services, consisting of educational sessions, group counseling sessions, face-to-face interviews or a combination of the three as approved by the county alcohol and drug program administrator.

(5) Any additional requirements approved in accordance with Section 9860.

(e) The DUI program shall require a participant enrolled in an 18-month multiple offender program to complete the following:

(1) During the first 12 months of participation in a 18-month program, the DUI program shall require the participant to complete a core program consisting of:
(A) Twelve hours of alcohol and other drug related educational sessions in accordance with Section 9852.

(B) Fifty-two hours of group counseling sessions in accordance with Section 9854.

(C) One face-to-face interview every other week from the initial date of enrollment until completion of the educational and group counseling sessions required in (e)(1)(A) and (B) immediately above. In either instance, the DUI program shall require each participant to attend a minimum of 24 face to face interviews. Face-to-face interviews shall be provided in accordance with Section 9858. If the participant takes longer than 12 months to complete the educational and group counseling sessions required in (e)(1)(A) and (B) immediately above, the DUI program may charge for any additional face-to-face interviews provided based on the approved unit of service fee for face-to-face interviews.

(D) Any additional county requirements approved pursuant to Section 9860.

(2) During the last six months of participation in an 18-month program, the DUI program shall require the participant to complete a community re-entry phase, consisting of participation in self-help groups, employment, family, and other areas of self-improvement.
(A) The DUI program shall monitor the participant's progress during the community re-entry phase.

(B) The DUI program shall provide no more than six hours of monitoring.

(C) The DUI program shall not allow the participant to begin the community re-entry phase until the participant has completed the core program requirements specified in (e)(1) of this regulation.

(f) The DUI program shall require a participant enrolled in a 30-month multiple offender program to complete the following:

(1) During the first 18 months of participation in a 30-month program, the DUI program shall require the participant to complete a core program consisting of:
(A) A minimum of 12 hours of educational sessions, provided in accordance with Section 9852.

(B) A minimum of 78 hours of group counseling sessions, provided in accordance with Section 9854.

(C) One face-to-face interview provided every other week from the initial date of enrollment until completion of the educational and group counseling sessions specified in (f)(1)(A) and (B) immediately above. In either instance, the DUI program shall require each participant to attend a minimum of 39 face to face interviews. Face-to-face interviews shall be conducted in accordance with Section 9858. The DUI program may charge for additional face-to-face interviews based on the approved unit of service fee for face-to-face interviews.

(D) A compendium of evidence, on a tri-monthly basis, of performance of voluntary community service for one-half of the time served (not less than 120 hours and not more than 300 hours, as determined by the court) demonstrating:
1. The prevention of driving-under-the-influence, promotion of safe driving, and responsible attitude toward the use of chemicals of any kind.

2. Significant improvement in occupational performance (including efforts to obtain gainful employment), physical and mental health, family relations, and financial affairs and economic stability.

(E) Any additional county requirements approved pursuant to Section 9860.

(2) During the last 12 months of participation in a 30-month program, the DUI program shall require the participant to maintain a compendium of evidence of performance of voluntary community service for one-half of the time served, on a tri-monthly basis, demonstrating:
(A) The prevention of driving-under-the-influence, promotion of safe driving, and responsible attitude toward the use of chemicals of any kind;

(B) Significant improvement in occupational performance (including efforts to obtain gainful employment), physical and mental health, family relations, and financial affairs and economic stability.

(C) The DUI program shall, unless prohibited by the court, make provisions for a participant to voluntarily enter a licensed chemical dependency recovery hospital or residential treatment program, licensed by the State of California, and to receive three weeks of program participation credit for each week of treatment not to exceed 12 weeks of credit, but only if the treatment is at least two weeks in duration. The DUI program shall document evidence of the treatment in the participant's record.

1. New section filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
2. Amendment filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).

Note: Authority cited: Section 11836.15, Health and Safety Code. Reference: Sections 11836.15, 11837 and 11837.4, Health and Safety Code.

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