2007 California Vehicle Code Article 3. Youthful Drunk Driver Visitation Program

CA Codes (veh:23509-23518.5)

SECTION 23509-23518.5

23509.  This article shall be known and may be cited as the
"Youthful Drunk Driver Visitation Program Act."

23510.  The Legislature finds and declares all of the following:
   (a) Young drivers often do not realize the consequences of
drinking alcohol or ingesting any other drugs, whether legal or not,
and driving a motor vehicle while their physical capabilities to
drive safely are impaired by those substances.
   (b) Young drivers who use alcohol or other drugs are likely to
become dependent on those substances and prompt intervention is
needed to protect other persons, as well as the young driver, from
death or serious injury.
   (c) The conviction of a young driver for driving under the
influence of an alcoholic beverage, a drug, or both, identifies that
person as a risk to the health and safety of others, as well as that
young driver, because of the young driver's inability to control his
or her conduct.
   (d) It has been demonstrated that close observation of the effects
on others of alcohol and other drugs, both chronic and acute, by a
young driver convicted of driving under the influence has a marked
effect on recidivism and should therefore be encouraged by the
courts, prehospital emergency medical care personnel, and other
officials charged with cleaning up the carnage and wreckage caused by
drunk drivers.
   (e) The program prescribed in this article provides guidelines for
the operation of an intensive program to discourage recidivism by
convicted young drunk drivers.

23512.  For the purposes of this article, "program" means the
Youthful Drunk Driver Visitation Program prescribed in this article.

23514.  (a) If a person is found to be in violation of Section
23140, is convicted of, or is adjudged a ward of the juvenile court
for, a violation of Section 21200.5, 23140, or 23152 punishable under
Section 23536, or Section 23220, 23221, or 23222, subdivision (a) or
(b) of Section 23224, or Section 23225 or 23226, and is granted
probation, the court may order, with the consent of the defendant or
ward, as a term and condition of probation in addition to any other
term and condition required or authorized by law, that the defendant
or ward participate in the program.
   (b) The court shall give preference for participation in the
program to defendants or wards who were less than 21 years of age at
the time of the offense if the facilities of the program in the
jurisdiction are limited to fewer than the number of defendants or
wards eligible and consenting to participate.
   (c) The court shall require that the defendant or ward not drink
any alcoholic beverage at all before reaching the age of 21 years and
not use illegal drugs.

23516.  The court shall investigate and consult with the defendant
or ward, defendant's or ward's counsel, if any, and any proposed
supervisor of a visitation under the program, and the court may
consult with any other person whom the court finds may be of value,
including, but not limited to, the defendant's or ward's parents or
other family members, in order to ascertain that the defendant or
ward is suitable for the program, that the visitation will be
educational and meaningful to the defendant or ward, and that there
are no physical, emotional, or mental reasons to believe the program
would not be appropriate or would cause any injury to the defendant
or ward.

23517.  (a) To the extent that personnel and facilities are made
available to the court, the court may include a requirement for
supervised visitation by the defendant or ward to all, or any, of the
   (1) A trauma facility, as defined in Section 1798.160 of the
Health and Safety Code, a base hospital designated pursuant to
Section 1798.100 or 1798.101 of the Health and Safety Code, or a
general acute care hospital having a basic emergency medical services
special permit issued pursuant to subdivision (c) of Section 1277 of
the Health and Safety Code that regularly receives victims of
vehicle accidents, between the hours of 10 p.m.  and 2 a.m.  on a
Friday or Saturday night to observe appropriate victims of vehicle
accidents involving drinking drivers, under the supervision of any of
the following:
   (A) A registered nurse trained in providing emergency trauma care
or prehospital advanced life support.
   (B) An emergency room physician.
   (C) An emergency medical technician-paramedic or an emergency
medical technician II.
   (2) A facility that cares for advanced alcoholics, such as a
chemical dependency recovery hospital, as defined in Section 1250.3
of the Health and Safety Code, to observe persons in the terminal
stages of alcoholism or drug abuse, under the supervision of
appropriately licensed medical personnel.
   (3) If approved by the county coroner, the county coroner's office
or the county morgue to observe appropriate victims of vehicle
accidents involving drinking drivers, under the supervision of the
coroner or a deputy coroner.
   (b) As used in this section, "appropriate victims" means victims
whose condition is determined by the visitation supervisor to
demonstrate the results of accidents involving drinking drivers
without being excessively gruesome or traumatic to the probationer.
   (c) If persons trained in counseling or substance abuse are made
available to the court, the court may coordinate the visitation
program or the visitations at any facility designated in subdivision
(a) through those persons.
   (d) Any visitation shall include, before any observation of
victims or disabled persons by the probationer, a comprehensive
counseling session with the visitation supervisor at which the
supervisor shall explain and discuss the experiences which may be
encountered during the visitation in order to ascertain whether the
visitation is appropriate for the probationer.
   (e) If at any time, whether before or during a visitation, the
supervisor of the probationer determines that the visitation may be
or is traumatic or otherwise inappropriate for the probationer, or is
uncertain whether the visitation may be traumatic or inappropriate,
the visitation shall be terminated without prejudice to the

23518.  (a) The program may include a personal conference after the
visitations described in Section 23517 between the sentencing judge
or judicial officer or the person responsible for coordinating the
program for the judicial district and the probationer, his or her
counsel, and, if available, the probationer's parents to discuss the
experiences of the visitation and how those experiences may impact
the probationer's future conduct.
   (b) If a personal conference described in subdivision (a) is not
practicable, because of the probationer's absence from the
jurisdiction, conflicting time schedules, or other reasons, the
program should provide for a written report or letter by the
probationer to the court discussing the experiences and their impact
on the probationer.

23518.5.  The county, a court, any facility visited pursuant to the
program, the agents, employees, or independent contractors of the
court, county, or facility visited pursuant to the program, and any
person supervising a probationer during the visitation, is not liable
for any civil damages resulting from injury to the probationer, or
civil damages caused by the probationer, during, or from any
activities relating to, the visitation, except for willful or grossly
negligent acts intended to, or reasonably expected to result in,
that injury or damage and except for workers' compensation for the
probationer as prescribed by law if the probationer performs
community service at the facility as an additional term or condition
of probation.

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