exclusive compute mode with OpenCL

I have a question to exclusive compute mode with NVidia+OpenCL.

I can set up exclusive compute mode (page 74 from cuda programming guide 3.0) with nvidia-smi on a nvidia-gpu . that means, only one program can compute on gpu.

cuda runtime schedules than apps automatically.

but I have a problem with opencl-programs in this case:
if one application runs on a gpu with setted exclusive compute mode and second opencl-program calls clGetDeviceInfo(…, CL_DEVICE_AVAILABLE, …) with the same GPU is the result == CL_TRUE. After that if opencl-app tries to create a context on this device, than crashes the running app (both).

How can i find out an available GPU with OpenCL?