Section 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.Cal. Code Regs. Tit. 9, § 9860
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.
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).