2005 California Vehicle Code Sections 23645-23650 Article 6. Alcohol Assessment

VEHICLE CODE
SECTION 23645-23650

23645.  (a) Except as otherwise provided in subdivision (c), any
person convicted of a violation of Section 23152 or 23153 shall, in
addition to any other fine, assessment, or imprisonment imposed
pursuant to law, pay an alcohol abuse education and prevention
penalty assessment in an amount not to exceed fifty dollars ($50) for
deposit and distribution pursuant to Section 1463.25 of the Penal
Code.
   (b) The payment of the penalty assessment under this section shall
be ordered upon conviction of a person of a violation of Section
23152 or 23153 irrespective of any other proceeding and, if probation
is granted, the payment of the penalty assessment shall also be
ordered as a condition of probation, except in unusual cases that are
subject to subdivision (d) of Section 1464 of the Penal Code.
   (c) The court shall determine if the defendant has the ability to
pay a penalty assessment.  If the court determines that the defendant
has the ability to pay a penalty assessment, the court may set the
amount to be paid and order the defendant to pay that sum to the
county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.  In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.  If the court determines that the defendant does not
have the ability to pay a penalty assessment, the defendant shall not
be required to pay a penalty assessment.
   (d) Five percent of the funds allocated to primary prevention
programs to the school and the communities pursuant to subdivision
(a) of Section 11802 of the Health and Safety Code shall be used to
conduct an annual evaluation.  The annual evaluation shall be
conducted by the office of the county superintendent of schools in
counties where the program is operating in a single county or in the
office of the county superintendent of schools in the county
designated as the lead county in counties where the program is
operating as a consortium of counties.  The evaluation shall contain
the following:
   (1) A needs assessment evaluation that provides specific data
regarding the problem to be resolved.
   (2) A written report of the planning process outlining the
deliberations, considerations, and conclusions following a review of
the needs assessment.
   (3) An end of fiscal year accountability evaluation that will
indicate the program's continuing ability to reach appropriate
program beneficiaries, deliver the appropriate benefits, and use
funds appropriately.
   (4) An impact evaluation charged with the task of assessing the
effectiveness of the program.  Guidelines for the evaluation report
format and the timeliness for the submission of the report shall be
developed by the State Department of Education.  Each county shall
submit an evaluation report annually to the State Department of
Education and the State Department of Education shall write and
submit a report to the Legislature and Governor.
23646.  (a) Each county alcohol program administrator or the
administrator's designee shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b).  The
alcohol and drug problem assessment program may include a referral
and client tracking component.
   (b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs, if the person
was convicted of a violation of Section 23152 or 23153 that occurred
within 10 years of a separate violation of Section 23152 or 23153
that resulted in a conviction.
   (2) A court may order a person convicted of a violation of Section
23152 or 23153 to attend an alcohol and drug problem assessment
program pursuant to this article.
   (3) (A) The court shall order a person convicted of a violation of
Section 23152 or 23153 who has previously been convicted of a
violation of Section 23152 or 23153 that occurred more than 10 years
ago, or has been previously convicted of a violation of subdivision
(f) of Section 647 of the Penal Code, to attend and complete an
alcohol and drug problem assessment program under this article.  In
order to determine whether a previous conviction for a violation
occurring more than 10 years ago exists, the court shall rely on
state summary criminal history information, local summary history
information, or records made available to the judge through the
district attorney.
   (B) If the program assessment recommends additional treatment, the
court may order a person sentenced under either Section 23538 or
23556 to enroll, participate, and complete either of the programs
described under paragraph (4) of subdivision (b) of Section 23542.
   (c) The State Department of Alcohol and Drug Programs shall
establish minimum specifications for alcohol and other drug problem
assessments and reports.
23647.  (a) Any person convicted of a violation of Section 23152 or
23153 who is required to participate in a county alcohol and drug
problem assessment program shall participate in that program.
   (b) Any person convicted of a violation of Section 23103, as
specified in Section 23103.5, in a judicial district that
participates in a county alcohol and drug problem assessment program
pursuant to this article, may be ordered to participate in the
program.
23648.  (a) Each county shall prepare, or contract to be prepared,
an alcohol and drug problem assessment report on each person
described in subdivision (b) of Section 23646.
   (b) The assessment report shall include, if applicable, a
recommendation for any additional treatment and the duration of the
treatment.  The treatment shall be in addition to the education and
counseling program required under Section 11837 of the Health and
Safety Code.  The assessment report shall be submitted to the court
not more than 14 days after the date the assessment was conducted.
   (c) Within 30 days of the receipt of the report, the court shall
order the person to complete the recommendations set forth in the
report in satisfaction of, and consistent with, the terms and
conditions of probation.  If the court elects not to order the
completion of the recommended plan, the court shall specify on the
record its reason for not adopting these recommendations.
   (d) This section shall become operative on January 1, 2000.
23649.  (a) Notwithstanding any other provision of law, in addition
to any other fine or penalty assessment, there shall be levied an
assessment of not more than one hundred dollars ($100) upon every
fine, penalty, or forfeiture imposed and collected by the courts for
a violation of Section 23152 or 23153 in any judicial district that
participates in a county alcohol and drug problem assessment program.
  An assessment of not more than one hundred dollars ($100) shall be
imposed and collected by the courts from each person convicted of a
violation of Section 23103, as specified in Section 23103.5, who is
ordered to participate in a county alcohol and drug problem
assessment program pursuant to Section 23647.
   (b) The court shall determine if the defendant has the ability to
pay the assessment.  If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner that the court determines is reasonable and
compatible with the defendant's financial ability.  In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.
   (c) Notwithstanding Section 1463 or 1464 of the Penal Code or any
other provision of law, all moneys collected pursuant to this section
shall be deposited in a special account in the county treasury and
shall be used exclusively by the county alcohol program administrator
or the administrator's designee to pay for the costs of developing,
implementing, operating, maintaining, and evaluating alcohol and drug
problem assessment programs.
   (d) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment program shall
determine those moneys in the special account that were not expended
during the preceding fiscal year, and shall transfer those moneys to
the general fund of the county.
   (e) Any moneys remaining in the special account, if and when the
alcohol and drug problem assessment program is terminated, shall be
transferred to the general fund of the county.
   (f) The county treasurer shall annually transfer an amount of
money equal to the county's administrative cost incurred pursuant to
this section, as he or she shall determine, from the special account
to the general fund of the county.
23650.  The Office of Traffic Safety shall adopt rules and
guidelines to implement Sections 23646 to 23649, inclusive.


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