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 9858 - Face-to-Face Interviews

Universal Citation: 9 CA Code of Regs 9858

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

(a) Each DUI program shall conduct private, face-to-face interviews with each participant to:

(1) Monitor payment of fees;

(2) Discuss and encourage participant attendance in educational sessions and counseling sessions;

(3) Discuss and identify problems which may be barriers to program completion, including progress in group and other counseling sessions; and

(4) Evaluate the participant's need for referral to ancillary services.

(b) Face-to-face interviews shall be at least 15 minutes in length and shall be longer whenever the interviewer or the participant determines that additional time is needed.

(c) The DUI program shall conduct face-to-face interviews on a regularly scheduled basis, rather than on a drop-in basis.

(1) For three month first offender programs, face-to-face interviews shall be conducted pursuant to Section 9851(b)(4).

(2) For six-month programs for first offenders with court ordered duration of participation, face-to-face interviews shall be conducted pursuant to Section 9851(c)(3).

(3) For nine-month programs for first offenders with court ordered duration of participation, face-to-face interviews shall be conducted pursuant to subdivision 9851(d)(3).

(4) For 18-month multiple offender programs, the required number of face-to-face interviews, including make-ups, shall be conducted for the first 12 months or until completion of the core program requirements pursuant to subdivision 9851(e)(1)(C).

(5) For 30-month multiple offender programs, the required face-to-face interviews, including make-ups, shall be conducted for the first 18 months or until completion of the core program requirements pursuant to subdivision 9851(f)(1)(C).

(d) Whenever possible, face-to-face interviews shall be conducted by the same interviewer for the duration of the program.

(e) The interviewer shall document the following information in each participant's record:

(1) The date, time, and length of each face-to-face interview.

(2) The counselor's assessment of the participant's progress regarding participation in program activities and any increased awareness in understanding his/her alcohol and/or drug related problems. For DUI programs that require participants to document their own progress at the end of group sessions, the DUI program shall ensure that program staff review and provide feedback to the participant.

(f) No credit for attendance shall be given unless the participant attended the entire face-to-face interview as scheduled.

(g) The DUI program may only charge for additional face-to-face interviews as provided in Section 9851. Charges for additional face-to-face interviews shall be based on the approved unit of service fee for face-to-face interviews determined in accordance with Section 9878.

1. New section filed 11-18-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-27-92 order including amendment of section heading and text transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
4. Editorial correction restoring inadvertently omitted subsection (g) and NOTE (Register 92, No. 35).
5. Amendment filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
6. Amendment of section and NOTE filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).

Note: Authority cited: Section 11836.15, Health and Safety Code; and Section 23538, Vehicle Code. Reference: Sections 11836.15, 11837.4 and 11837.9, Health and Safety Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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