Highway safety.

Existing law establishes the state transportation improvement program process, pursuant to which the California Transportation Commission programs, on a biennial basis, available state and federal funds for transportation capital improvement projects, other than state highway rehabilitation and repair projects, for the 5-year period of the state transportation improvement program, based on the interregional transportation improvement program prepared by the Department of Transportation and the regional transportation improvement programs prepared by regional transportation planning agencies. Existing law requires the Department of Transportation to submit to the California Transportation Commission an estimate of state and federal funds reasonably expected to be available for future programming over the 5-year period in each state transportation improvement program, and requires the California Transportation Commission to adopt a fund estimate in that regard. This bill would require the fund estimates prepared by the department and the commission to identify and include federal funds derived from apportionments made to the state under the Fixing America's Surface Transportation (FAST) Act of 2015. Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions. Existing law requires the Department of Motor Vehicles to immediately suspend a person's privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer's request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver's license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person's vehicle. This bill would authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified "24/7 Sobriety program," as defined, as a condition of probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of release on bond for a person who has been charged with a crime described above, as specified. The bill would permit a person whose driving privilege has been suspended or revoked for certain violations, and who subsequently applies to the department for a restricted driving privilege, to be permitted to participate in a 24/7 Sobriety program for a minimum of one year as a condition of obtaining the restricted driving privilege as an alternative to, or in conjunction with, participation in an ignition interlock device program. The bill would define a "24/7 Sobriety program," in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person's ability to pay, as specified. The bill would make related legislative findings and declarations and state the intent of the Legislature to enact these provisions for the purpose of making the state eligible to receive grant funding under the FAST Act and additional funding from the National Highway Traffic Safety Administration.