Statutory Authority: 21 Delaware Code,Section 302 (21 Del.C. 302)
Policy Regulation 36, Driving Under the Influence Evaluation Program, Courses of Instruction, Programs of Rehabilitation and Related Fees
The Department of Public Safety will hold a hearing pursuant to 29 Del.C. Chapter 101 concerning the adoption of Policy Regulation 36 entitled “Driving Under the Influence Evaluation Program, Courses of Instruction, Programs of Rehabilitation and Related Fees.” The Department will receive public comment regarding the proposed Department of Public Safety Policy Regulation.
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
Department of Public Safety
Public Safety Building
303 Transportation Circle
Dover, DE 19901
Persons may view the proposed Policy Regulation between the hours of 8:00 AM to 4:00 PM, Monday through Friday, at the Division of Highway Safety, in the Public Safety Building, 2nd Floor, 303 Transportation Circle, Dover, DE 19901.
Persons may present their views in writing by mailing them to Lisa Moore, DUI Coordinator, Division of Highway Safety, PO Box 1321, Dover, DE 19903 or by offering testimony at the public hearing. If the number of persons desiring to testify at the public hearing is large, the amount of time allotted to each speaker will be limited.
POLICY REGULATION NUMBER 36 JANUARY 2, 1979
(REPLACES POLICY REGULATIONJANUARY 29, 1980
NUMBER 32) FEBRUARY 10, 1984
JULY 1, 1985
APRIL 1, 1987
JUNE 1, 1988
MARCH 1, 1989
MARCH 16, 1992
CONCERNING: EVALUATION PROGRAM, COURSES
OF INSTRUCTION AND PROGRAMS
OF REHABILITATION AND RELATED
FEES; PURSUANT TO SECTION 4177D,
TITLE 21.
A program is hereby established which involves an evaluation, and referral to appropriate courses of instruction and/or rehabilitation.
1. THE DELAWARE EVALUATION & REFERRAL PROGRAM, (DERP).
All persons who have been ordered to or have volunteered to, enter a course of instruction or program of rehabilitation, shall first be evaluated by the Delaware DUI Evaluation & Referral Program. All evaluations completed by any other agency are subject to a review and approval by DERP.
The minimum fee for the Delaware DUI Evaluation & Referral Program is $50.00. The fee for processing out-of-state evaluation is $25.00. These fees shall be the responsibility of the clients.
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.
The minimum fee for the Delaware Safety Council’s course of instruction is $100.00. The fee for processing notice of completion of educational program is $25.00. These fees shall be the responsibility of the client.
Persons with more than one alcohol-related violations must enter treatment and cannot be referred to an educational program.
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.
The standard fee for this program is $490.00. The fee for processing the notice of completion for alcohol rehabilitation programs certified by DDDPI or DERP is $25.00. These fees shall be the responsibility of the clients.
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:
1. BAC of .20 or more for this offense.
2. Two or more previous alcohol/drug-related driving convictions.
3. History of failure with significant attempts to remain alcohol/drug-free.
4. A likely possibility of experiencing withdrawal if alcohol/drug use is discontinued.
5. Loss of control of alcohol/drug use.
6. Little or no significant support from family, friends, or significant others for remaining alcohol/drug free.
The period of inpatient treatment shall be no more than six months for a first alcohol-related offense, and fifteen months for a subsequent alcohol-related offense. The fee shall not exceed the maximum fine as set forth in 21 Del. C., Section 4177 (d). All fees shall be the responsibility of the clients. The Division of Motor Vehicles will accept notice of completions only from DERP for inpatient treatment.
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:
EVALUATION PROGRAM, COURSES OF
INSTRUCTION, AND PROGRAMS OF
REHABILITATION AND RELATED FEES.
I. AUTHORITY
The authority to promulgate this regulation is 21 Del.C. §302, 21 Del.C. §4177(D) and 29 Del.C. §10115.
II. PURPOSE
A program is hereby established which involves an evaluation and referral to appropriate courses of instruction and/or rehabilitation for an alcohol-related violation/offense.
III. APPLICABILITY
This policy regulation concerns the following sections found in Title 21: §4177, §4177A, §4177B, §4177C, §4177D, 4177E, §4177F, §2742, §2743, and §4175(b).
IV. SUBSTANCE OF POLICY
1. THE DELAWARE EVALUATION & REFERRAL PROGRAM, (DERP)
All persons who have been ordered to, or have volunteered to, enter a course of instruction or program of rehabilitation, shall first be evaluated by the Delaware DUI Evaluation & Referral Program. All evaluations completed by any other agencies (for out-of-state clients) are subject to a review and approval by DERP.
The minimum fee for DERP is $75.00. The minimum fee for processing an out-of-state evaluation and referral is $50.00. These fees shall be the responsibility of the clients.
2. THE EDUCATION PROGRAM
A course of instruction shall be administered by any State of Delaware contracted education program provider. Any agency providing an instructional course must submit notice of completion to DERP. The Division of Motor Vehicles shall accept notice of completions from DERP for courses of instruction administered by State of Delaware contracted education program providers. Any out-of-state clients must be evaluated and treated by an agency approved by one of Delaware’s contracted providers.
The minimum fee for the Education program is not to exceed the maximum fine imposed for the offense as set forth in § 4177 of the Delaware Code. These fees shall be the responsibility of the clients.
Persons with more than one alcohol-related violation must enter treatment and cannot be referred to an educational program.
3. THE OUT-PATIENT TREATMENT PROGRAM
The program of rehabilitation shall be administered by any State of Delaware contracted treatment provider. Any agency providing rehabilitation treatment must submit a discharge summary for each client to DERP. The Division of Motor Vehicles shall accept notice of completions from DERP for courses of rehabilitation administered by State of Delaware contracted treatment program providers. Any out-of-state clients must be evaluated and treated by an agency approved by one of Delaware’s contracted providers.
The minimum fee for this program is not to exceed the maximum fine imposed for the offense as set forth in § 4177 of the Delaware Code. These fees shall be the responsibility of the clients.
The program of rehabilitation may be required for persons who have one alcohol-related violation, and shall be required for persons who have two or more alcohol-related violations. Further, this rehabilitation program may be required for persons regardless of blood alcohol content or refusal to submit to the chemical test and shall be required for persons with a blood alcohol content greater than 1½ times the legal limit.
4. ALTERNATIVE TREATMENT PROGRAMS
Programs shall be made available through existing contracted agencies to provide treatment services for those clients with alternative needs. Programs shall administer programs for those individuals under the age of 21 years, as well as for those individuals with mental health issues. In addition, if the treatment providers reach a clinical determination that the client needs further services not available at the providers’ level, the client may be referred outside the network for those necessary services. (i.e. residential treatment services) Monitoring of additional treatment services and satisfactory completion release from the program shall be made by the designated contracted agency.
5. FAILURE TO APPEAR
Additional fees may be charged by the evaluation unit, the educational program, and the treatment program for those clients failing to keep scheduled appointments or classes. If clients are unable to keep scheduled appointments, they must contact the evaluation unit or treatment unit, present an acceptable excuse, and request a rescheduling of their appointment or class. The fee for failure to appear shall not exceed $25.00. All fees shall be the responsibility of the clients.
6. NON-COMPLIANCE
The absence of client contact within a 30-day period is cause for non-compliance. More specifically, clients who miss two subsequent appointments, or miss three appointments over the course of treatment, are subject to non-compliance processing as well. The fee for a client to be reinstated in the program (within a 2-year period) shall not exceed $25.00. Any clients waiting longer than 2 years to re-enter the program will be required to pay all DERP fees in full as indicated in Section 1.
7. 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.
8. SCHEDULE OF FEES
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
9. DEFINITION OF ALCOHOL RELATED VIOLATIONS AND OFFENSES
For purposes of this policy regulation, alcohol-related violation/offense shall mean any violation under 21 Del C. that is 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.
V. SEVERABILITY
If any part of this Rule is held to be unconstitutional or otherwise contrary to law by a court of competent jurisdiction, said portion shall be severed and the remaining portions of this rule shall remain in full force and effect under Delaware law.
VI. EFFECTIVE DATE
The following regulations shall be effective 10 days from the date the order is signed and it is published in its final form in the Register of Regulations in accordance with 29 Del. C. §10118(e).
Reference: Last Prior Revision: March 16, 1992
Brian J. Bushweller, Secretary,
Department of Public Safety
Michael D. Shahan, Director,
Division of Motor Vehicles