DEPARTMENT OF PUBIC SAFETY

Division of Highway Safety

Statutory Authority: 21 Delaware Code,Section 302 (21 Del.C. 302)

PROPOSED

Policy Regulation 36, Driving Under the Influence Evaluation Program, Courses of Instruction, Programs of Rehabilitation and Related Fees

DEPARTMENT OF PUBLIC SAFETY AND DIVISION OF HIGHWAY SAFETY POLICY REGULATION NUMBER 36 CONCERNING: DRIVING UNDER THE INFLUENCE EDUCATION AND TREATMENT PROGRAM FEES.

DATE, TIME AND PLACE OF PUBLIC HEARING

DATE: March 6, 2001

TIME: 10:00 AM

PLACE: Main Conference Room, 2nd Floor

POLICY REGULATION NUMBER 36 JANUARY 2, 1979

(REPLACES POLICY REGULATIONJANUARY 29, 1980

NUMBER 32) FEBRUARY 10, 1984

CONCERNING: EVALUATION PROGRAM, COURSES

1. THE DELAWARE EVALUATION & REFERRAL PROGRAM, (DERP).

2. THE DELAWARE SAFETY COUNCIL, INC., (DSC), A COURSE OF INSTRUCTION. The course of instruction shall be administered by the Delaware Safety Council, Inc., and/or any other instructional courses approved by DSC. Any agency providing an instructional course must submit a notice of satisfactory completion to the Delaware Safety Council, Inc. The Division of Motor Vehicles shall accept notice of completions from the Delaware Safety Council, Inc., for courses of instruction administered and/or approved by them. DERP shall have the responsibility for all out-of-state instructional programs.

3. THE DELAWARE DRINKING DRIVER PROGRAM, INC., (DDDPI) IS AN OUTPATIENT PROGRAM OF REHABILITATION. The program of rehabilitation shall be administered by the Delaware Drinking Driver Programs, Thresholds, Inc., and/or any other outpatient rehabilitation programs approved by the Delaware Division of Alcoholism, Drug Abuse and Mental Health and the Secretary of Public Safety. Any agency providing a program of outpatient rehabilitation, other than DDDPI, must submit a report of satisfactory completion to DDDPI or DERP. The Division of Motor Vehicles shall accept notice of completions only from DDDPI or DERP. The program of rehabilitation may be required for persons who have one alcohol-related violation, and shall be required of persons who have two or more alcohol-related violations. Further, it shall be required for persons who have a blood alcohol content of .20 or greater, as shown by a chemical analysis of a blood, breath, or urine sample.

4. AN INPATIENT TREATMENT PROGRAM FOLLOWED BY OUTPATIENT TREATMENT. An inpatient treatment program may be ordered by DERP (Delaware DUI Evaluation & Referral Program) and/or DDDP. DERP must first comply with the following criteria prior to assignment to an inpatient treatment program.

CRITERIA TO DETERMINE REFERRAL OF DUI OFFENDER TO RESIDENTIAL TREATMENT

DMS-III-R Diagnosis of Alcohol Dependence (303.90)

Or Alcohol Abuse (305.00) or other

DSM-III-R Psychoactive Substance Use Disorder

PLUS Two (2) of the following:

5. FAILURE TO APPEAR. Additional fees may be charged by the evaluation unit, the educational program and the treatment program to clients failing to keep scheduled appointments or classes. If clients are unable to attend a scheduled appointment or a scheduled class, they must contact the evaluation unit or treatment unit, present an acceptable excuse, and request a rescheduling of their appointment or class. A fee not to exceed $25.00 may be charged for failure to attend an evaluation appointment. A fee not to exceed a $10.00 may be charged for failure to attend a scheduled class. A fee not to exceed $17.50 may be charged for failure to attend an individual treatment session. A fee not to exceed $14.50 may be charged for failure to attend a group treatment session. All fees shall be the responsibility of the clients.

6. NON-COMPLIANCE. As a general rule, the absence of any client contact within a 30-day period is cause for non-compliance. More specifically, clients who miss two or more educational and/or treatment sessions are subject to non-compliance proceedings. It is the responsibility of the authorized provider to draft standard criteria as to what constitute a “valid excuse” for a “no-show” or a nonattendance of a class, an evaluation interview, and/or a treatment session.

7. JCAH ACCREDITATION. In addition to the state licensure requirement of the Division of Alcoholism, Drug Abuse, and Mental Health, all authorized DUI evaluation and treatment providers are required to apply for accreditation by the Joint Commission on Accreditation of Healthcare Organization (JCAH). State contracts will not be awarded to DUI providers unless they have started the application process to obtain JCAH accreditation. All authorized DUI evaluation & treatment providers must be awarded full JCAH accreditation three years from the time they commenced the application process.

8. PROGRAM EVALUATION. The Secretary of Public Safety or designee retains the authority to evaluate, whenever he/she deems appropriate, the above courses of instruction, programs of rehabilitation, and alcohol evaluation agency.

9. DEFINITION OF ALCOHOL-RELATED VIOLATION/OFFENSE. For purposes of this policy regulation, alcohol-related violation/offense shall mean any violation under 21 Del. C., that is a violation of, or as result of a reduction in charges from a violation of, Sections 2740, 2742, 4177, 4177B, 4175 and all conforming statutes of any other state or the District of Columbia, or local ordinances in conformity therewith.

STATE OF DELAWARE

DEPARTMENT OF PUBLIC SAFETY DIVISION OF MOTOR VEHICLES

POLICY REGULATION NUMBER 36

January 2, 1979

(Replaces Policy Regulation Number 32)

CONCERNING:

I. AUTHORITY

II. PURPOSE

III. APPLICABILITY

IV. SUBSTANCE OF POLICY

The schedule of fees for the courses of instruction, programs of rehabilitation, and alcohol evaluation agency shall be established by the Secretary of the Department of Public Safety and shall be posted within the standard operating procedures manual for the programs. All changes to the schedule of fees must be approved by the Secretary of Public Safety, and such fees not exceed the maximum fine imposed for the offense as set forth in 21 Del. C. §4177

V. SEVERABILITY

VI. EFFECTIVE DATE

Reference: Last Prior Revision: March 16, 1992

4 DE Reg. 1226 (02/01/01) (Prop.)