Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 647d

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 647d

(a) Notwithstanding any other provision of law, subdivision
(b) shall become operative in a county only if the board of
supervisors adopts the provisions of subdivision (b) by ordinance
after a finding that sufficient alcohol treatment and recovery
facilities exist or will exist to accommodate the persons described
in that subdivision.
   (b) In any accusatory pleading charging a violation of subdivision
(f) of Section 647, if the defendant has been previously convicted
two or more times of a violation of subdivision (f) of Section 647
within the previous 12 months, each such previous conviction shall be
charged in the accusatory pleading.  If two or more of the previous
convictions are found to be true by the jury, upon a jury trial, or
by the court, upon a court trial, or are admitted by the defendant,
the defendant shall be imprisoned in the county jail for a period of
not less than 90 days.  The trial court may grant probation or
suspend the execution of sentence imposed upon the defendant if the
court, as a condition of the probation or suspension, orders the
defendant to spend 60 days in an alcohol treatment and recovery
program in a facility which, as a minimum, meets the standards
described in the guidelines for alcoholic recovery home programs
issued by the Division of Alcohol Programs of the Department of
Alcohol and Drug Abuse.
   (c) The provisions of Section 4019 shall apply to the conditional
attendance of an alcohol treatment and recovery program described in
subdivision (b).

Last modified: January 12, 2009