Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The county
may mandate additional requirements, beyond the scope of program services required
in Article 2 (commencing with Section
9848), Subchapter 3 of this Chapter,
only if the county has received prior approval to do so from the Department in
accordance with this regulation. Such requirements shall be known as "additional
county requirements".
(1) To request approval for
additional county requirements, the county alcohol program administrator shall
submit a written request to the Driving-Under-the-Influence Program Branch,
Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814-4037.
The request shall specify:
(A) The additional
county requirements for which approval is requested;
(B) How the licensee will notify the participant
of the additional county requirements; and
(C) How the licensee will determine that the
participant has complied with the additional county
requirements.
(2) Within 30
days the Department shall determine that the request is complete or incomplete.
Current median time for making such determination is 30 days; minimum time is 15
days; maximum time is 45 days.
(3) If
the Department determines that the request is incomplete, the Department shall
return the request to the county alcohol program administrator with a letter
specifying what additional information is needed, in accordance with Subsection
(a)(1) of this regulation. The letter shall instruct the county alcohol program
administrator to return the request with the additional information.
(4) The Department shall review the request and
shall approve it if the additional requirements requested by the county comply with
this regulation.
(A) Within thirty (30) days from
the date it receives a completed request, the Department shall send a letter to the
county alcohol program administrator, notifying him/her that the request has been
approved or denied. Current median time for making such determination is 30 days;
minimum time is 15 days; maximum time is 45 days.
(B) If the additional county requirements
requested by the county do not comply with this regulation, the Department shall
deny the request. The letter shall specify the reason(s) for
denial.
(b) If the
county elects to mandate additional county requirements, the county shall select one
or more activities from the following list of activities as the additional county
requirements for all programs in the county:
(1)
Attending alcohol- and other drug-related self-help group meetings.
(2) Completing alcohol- and other drug-related
community service;
(3) Attending victim
impact panel presentations by members of a nationally recognized organization that
advocates against driving-under-the-influence;
(4) Completing institutional visits (e.g. tours of
prisons, jails, hospitals, or county morgues);
(5) Maintaining a scrapbook of articles related to
alcohol abuse or use of illicit drugs;
(6) Completing reports on books, videotapes, or
audiotapes related to the abuse of alcohol and the use of illicit drugs;
or
(7) Personal growth and development
workshops related to the use of alcohol and other drugs.
(c) If the county selects participation at
self-help groups as an additional county requirement, the county shall develop a
list of self-help groups available for participant attendance.
(1) If the list includes sectarian groups, such as
Alcoholics Anonymous or Narcotics Anonymous, the list shall also include
non-sectarian groups.
(2) The county
shall select an alternative activity if:
(A) The
only self-help groups available in the county are sectarian in nature; or
(B) Non-sectarian groups are not available or
accessible to the participant.
(d) The county shall not require the licensee to
require the participant to read, watch, or listen to material about or provided by a
self-help group if the participant informs the licensee that he/she disagrees with
sectarian principles advocated by the self-help group. The county shall require the
licensee to allow the participant to complete an alternate activity from the list of
activities shown in Subsections (b)(2) through (7) of this regulation.
(e) The county shall not mandate any additional
county requirements not listed in Subsection (b) of this regulation.
(f) The county shall require each licensee in the
county to mandate the same additional county requirements for every participant,
except as specified in Subsection (c) of this regulation.
(g) Time shall be credited as follows:
(1) On an hour for hour basis for the activities
listed in Subsections (b)(1) through (b)(4) and (b)(7) of this regulation.
(2) The county shall determine the specifications
for a completed scrapbook, such as number of articles to be included, number of
pages, types of articles, format, and the number of hours to be credited.
(3) Four hours per book, videotape, or audiotape
for the activity listed in Subsection (b)(6) of this regulation.
(h) Except as specified in Subsection (i) of this
regulation, the county shall mandate no more than:
(1) 12 hours of additional county requirements for
a participant of a three-month first offender program;
(2) 39 hours of additional county requirements for
a participant of a six-month first offender program;
(3) 59 hours of additional county requirements for
a participant of a nine-month first offender program;
(4) 78 hours of additional county requirements for
a participant of a 12-month first offender program;
(5) 78 hours of additional county requirements for
a participant of a 12-month multiple offender program.
(6) 117 hours of additional county requirements
for a participant of an 18-month multiple offender program;
(7) 208 hours of additional county requirements
for a participant of a 30-month multiple offender program.
(i) The county may increase the number of hours of
additional county requirements the participant is required to complete if the
participant is reinstated following dismissal from the program. Each time the
participant is reinstated, the number of hours of additional county requirements may
be increased by one hour per week for the remaining time the participant is enrolled
in the program, so long as the participant is not required to complete a total of
more than five hours of additional county requirements per week.
(j) The costs of additional county requirements
(to the extent that there are any costs) shall be included in the program fee
approved in accordance with Section
9878. The licensee shall not impose any
additional fee for additional county requirements.
(k) The licensee shall not require the participant
to complete any additional county requirements unless they have been selected by the
county and approved by the Department in accordance with this regulation.
(l) The licensee shall not require the participant
to complete any additional county requirements mandated before the effective date of
this regulation which are inconsistent with this regulation.
(1) The county shall rescind any additional county
requirements mandated prior to the effective date of this regulation which are
inconsistent with this regulation.
(2)
The county shall have 90 days from the effective date of this regulation to request
approval for any additional county requirements which are consistent with this
regulation. The county may continue to enforce additional county requirements which
are consistent with this regulation until they are approved by the
Department.
(3) Until the Department
approves additional county requirements pursuant to this regulation:
(A) The licensee shall immediately upon the
effective date of this regulation amend existing participant contracts to remove any
additional county requirements mandated prior to the effective date of this
regulation which are inconsistent with this regulation.
(B) The licensee shall further amend the contract
to state that subsequent amendments to the contract may be required at a later date
to include additional county requirements when those requirements have been approved
by the Department in accordance with this regulation.
(4) New participant contracts shall contain an
attachment stating that the contract may be amended at a later date to include
additional county requirements when those requirements have been approved by the
Department in accordance with this regulation. As used in this subsection, "new
participant contracts" means contracts for participants enrolled after the effective
date of this regulation, but before the Department has approved additional county
requirements.
(5) When the Department
has approved additional county requirements pursuant to this regulation, the
licensee shall amend the participant contract to include the additional county
requirements, prorated over the balance of time the participant is enrolled in the
program.
(6) If the participant notifies
the licensee that he/she voluntarily chooses to complete additional county
requirements mandated prior to the effective date of this regulation which are
inconsistent with this regulation or exceed the additional county requirements
approved in accordance with this regulation, the licensee may allow the participant
to do so. The licensee shall amend the participant contract to reflect the
participant's decision.
1. Change
without regulatory effect renumbering and amending former section
9842 to section
9860 filed 4-15-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 20). For prior history, see Register 82, No.
47.
2. Editorial correction of NOTE (Register 91, No. 30).
3.
Amendment of section heading and section filed 9-22-95; operative 10-22-95 (Register
95, No. 38).
Note: Authority cited: Sections
11755
and
11836.15,
Health and Safety Code. Reference: Sections
11836.15
and
11837.4,
Health and Safety Code.
