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up to 12th grade; with referrals subject to parental notification and consent for persons under the age of 18. District and Horizons counselors would determine if services would be provided on an individual or group basis. There are no existing counseling options for persons 18 to 21. Horizons and Axis Community Health advised that if there was interest, they would need to develop a specific program for persons 18 to 21. Horizons currently provides services to Pleasanton residents through family counseling services on referral from the Pleasanton Police Department through an existing contract. As past review of police records found no citations for the prior Section 9.32.080 for underage possession, it is anticipated that the cost of any counseling referrals would be minimal and could be included in the existing Horizon contract. Axis advises that if they developed a new program, the cost would be approximately $260 per individual for five counseling sessions. So that no monetary penalty is attached to underage possession, it is not recommended that the underage youth be required to pay for such counseling. The proposed code amendment provides that referral to counseling would be at the discretion of the chief of police for an underage person found in possession of tobacco products in a public place two or more times in a 12-month period. The referral would provide information to the underage person about seeking tobacco cessation counseling. As the amendment proposes no punitive measures, the person's follow-up with the counselor would be voluntary, and not further enforced by the Police Department.9 The recommendation remains to update Section 9.32.210 to raise the age from 18 to 21, make underage possession subject to confiscation and potential referral to counseling. The current code is proposed to be modified as follows (with consequences now listed in this section, and not part of the larger chapter penalties): 9.32.210040 Possession by minors of tobacco products in public places prohibited and free distribution of tobacco product samples prohibited. A. No person under 211-8 years of age shall distribute or possess any tobacco accessories, tobacco product sample, or tobacco product, in any city park or facility, public property, or private property open to the public. These restrictions are in addition to California Penal Code Sections 308 and 308b, as amended. 1. Persons in violation of subsection A may have any tobacco accessories, tobacco product sample, or tobacco product in their possession confiscated by an officer or official. For persons under 18, items confiscated may be released to a parent or guardian; for persons over 18 but under 21, items confiscated may be released to a designated person over 21. `'An underage person found in possession on school district property may be subject to district requirements, which may be mandatory. 7