Cal. Code Regs. Tit. 9, § 9860 - Additional County Requirements
(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.
Notes
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.
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).
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