SENATE BILL 98025
BY SENATORS Rizzuto and Schroeder;
also REPRESENTATIVES Owen and Hagedorn.
CONCERNING THE ADMINISTRATION OF THE ALCOHOL AND
DRUG DRIVING SAFETY PROGRAM, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 4241301
(10) (a), (10) (b), (10) (c), (10) (d), and (10) (e), Colorado
Revised Statutes, are amended to read:
4241301. Driving under
the influence driving while impaired driving with
excessive alcoholic content tests penalties
useful public service program alcohol and drug driving
safety program. (10) (a) The
division of alcohol and drug abuse in the department of human
services shall establish in THE JUDICIAL
DEPARTMENT SHALL ADMINISTER IN each judicial district an alcohol
and drug driving safety program which
THAT provides presentence AND POSTSENTENCE alcohol and drug evaluations
on all persons convicted of a violation of subsection (1) or (2)
of this section. The alcohol and drug driving safety program
shall further provide supervision and monitoring of all such persons
whose sentences or terms of probation require completion of a
program of alcohol and drug driving safety education or treatment.
(b) The presentence AND POSTSENTENCE alcohol
and drug evaluation
EVALUATIONS shall be conducted by such persons certified
by the division of alcohol and drug abuse as
DETERMINED BY THE JUDICIAL DEPARTMENT TO BE qualified to provide
evaluation and supervision services as described in paragraph
(c) of this subsection (10). In establishing
qualifications for such persons, the division shall give consideration
to those persons who have had practical experience in alcohol
and drug treatment.
(c) Upon the
establishment of an alcohol and drug driving safety program,
An alcohol and drug evaluation shall be conducted on all persons
convicted of a violation of subsection (1) or (2) of this section.
The report shall be made available to and shall be considered
by the court prior to sentencing unless the court proceeds to
immediate sentencing pursuant to the provisions of paragraph (e)
of subsection (9) of this section. The report shall contain an
evaluation of the defendant concerning
the defendant's prior traffic record, characteristics and history
of alcohol or drug problems, and amenability to rehabilitation.
The report shall include a recommendation as to alcohol and drug
driving safety education or treatment for the defendant. The
alcohol evaluation shall be CONDUCTED AND THE REPORT prepared
by a person who is TRAINED AND knowledgeable in the diagnosis
of chemical dependency. Such person's duties may also include
appearing at sentencing and probation hearings as required, referring
defendants to education and treatment agencies in accordance with
orders of the court, monitoring defendants in education and treatment
programs, notifying the probation department and the court of
any defendant failing to meet the conditions of probation or referral
to education or treatment, appearing at revocation hearings as
required, and providing assistance in data reporting and program
evaluation. For the purpose of this subsection (10), "alcohol
and drug driving safety education or treatment" means either
level I or level II education or treatment programs THAT ARE APPROVED
BY THE DIVISION OF ALCOHOL AND DRUG ABUSE. Level I programs are
to be shortterm, didactic education programs. Level II
programs are to be therapeutically oriented education, longterm
outpatient, and comprehensive inpatient
RESIDENTIAL programs. Any defendant sentenced to level I or level
II programs shall be instructed by the court to meet all financial
obligations of such programs. If such financial obligations are
not met, the sentencing court shall be notified for the purpose
of collection or review and further action on the defendant's
sentence. Nothing in this section shall prohibit treatment agencies
from applying to the state for funds to recover the costs of level
II treatment for defendants determined to be indigent by the court.
(d) There is hereby created an alcohol
and drug driving safety program fund in the office of the state
treasurer to the credit of which shall be deposited all moneys
as directed by this paragraph (d). Until
July 1, 1980, In addition to any
fines, fees, or costs levied against a person convicted of a violation
of subsection (1) or (2) of this section, sixty
dollars shall be assessed by the judge against
THE JUDGE SHALL ASSESS each such person for the cost of the presentence
OR POSTSENTENCE alcohol and drug evaluation and supervision services.
After July 1, 1980, and each fiscal
year thereafter, the amount shall remain at sixty dollars unless
THE ASSESSMENT IN EFFECT ON JULY 1, 1998, SHALL REMAIN IN EFFECT
UNLESS THE JUDICIAL DEPARTMENT AND the division of alcohol and
drug abuse has
HAVE provided to the general assembly a statement of the cost
of the program, including costs of administration for the past
and current fiscal year to include a proposed change in the assessment.
The general assembly shall then consider the proposed new assessment
and approve the amount to be assessed against each person during
the following fiscal year in order to ensure that the alcohol
and drug driving safety program established in this subsection
(10) shall be financially selfsupporting. Any adjustment
in the amount to be assessed shall be so noted in the appropriation
to the JUDICIAL DEPARTMENT AND THE division of alcohol and drug
abuse as a footnote or line item related to this program in the
general appropriation bill. The state auditor shall periodically
audit the costs of the programs to determine that they are reasonable
and that the rate charged is accurate based on these costs. Any
other fines, fees, or costs levied against such person shall not
be part of the program fund. The amount assessed for the alcohol
and drug evaluation shall be transmitted by the court to the state
treasurer to be credited to the alcohol and drug driving safety
program fund. Fees charged under sections 251306
(1), C.R.S., and 2511102 (1), C.R.S., to approved
alcohol and drug treatment facilities that provide level I and
level II programs as provided in paragraph (c) of this subsection
(10) shall be transmitted to the state treasurer, who shall credit
the fees to the alcohol and drug driving safety program fund.
Upon appropriation by the general assembly, these funds shall
be expended by the JUDICIAL DEPARTMENT AND THE division of alcohol
and drug abuse for the administration of the alcohol and drug
driving safety program. In administering the alcohol and drug
driving safety program, the division
of alcohol and drug abuse JUDICIAL
DEPARTMENT is authorized to contract with any agency within
the judicial system for such services
as the division
JUDICIAL DEPARTMENT deems necessary. Moneys deposited in the
alcohol and drug driving safety program fund shall remain in said
fund to be used for the purposes set forth in this subsection
(10) and shall not revert or transfer to the general fund except
by further act of the general assembly.
(e) The division
of alcohol and drug abuse shall establish an alcohol and drug
driving safety program suited to the needs of each judicial district.
In establishing these programs, the division shall consult with
local treatment programs. The division
JUDICIAL DEPARTMENT shall also insure
ENSURE that qualified personnel are placed in the judicial districts.
and shall establish
THE JUDICIAL DEPARTMENT AND THE DIVISION OF ALCOHOL AND DRUG ABUSE
SHALL JOINTLY DEVELOP AND MAINTAIN criteria for evaluation techniques,
drinker classification
TREATMENT REFERRAL, data reporting, client
supervision, and program evaluation.
SECTION 2. Appropriation.
(1) (a) In addition to any other appropriation,
the sums specified in this section, or so much thereof as may
be necessary for the purposes indicated, are hereby appropriated
out of any moneys in the specified funds not otherwise appropriated,
for the implementation of this act for the fiscal year beginning
July 1, 1998.
(b) Unless the context otherwise requires,
terms and notations used in this section shall have the meanings
ascribed to them in the general appropriation act for the fiscal
year beginning July 1, 1998.
(c) Dollar amounts in parentheses and
FTE amounts in stricken type denote reductions from the corresponding
appropriation made in the annual general appropriation act for
the fiscal year beginning July 1, 1998.
ITEM & CASH CASH
SUBTOTAL FUNDS FUNDS
EXEMPT
(2) DEPARTMENT
OF HUMAN SERVICES
(a) Executive
Director's Office
Health, Life, and
Dental 0 (10,283)a 10,283(T)b
(b) Health and
Rehabilitation Services
Administration
Program Administration
Personal Services (44,743) (309,816)a 265,073(T)b
(4.6 FTE) (4.6
FTE)
Operating Expenses (9,026) (40,712)a 31,686(T)b
Indirect Cost Assessment (46,953) (46,953)
Community Programs
Other Community Programs
Alcohol/Drug Driving
Safety Contracts (3,724,831) (3,478,280)a (246,551)c
Subtotal (Department
of Human Services) (3,825,553) (3,886,044)
60,491
a These amounts shall be from the alcohol and drug driving safety program fund created in section 4241301 (10), Colorado Revised Statutes.
b These amounts shall be from the judicial department pursuant to section 4241301 (10), Colorado Revised Statutes.
c This amount shall
be from reserves in the alcohol and drug driving safety program
fund created in section 4241301 (10), Colorado Revised
Statutes.
ITEM & CASH CASH
SUBTOTAL FUNDS FUNDS
EXEMPT
(3) JUDICIAL
DEPARTMENT
(a) Courts Administration
Administrative Special
Purpose
Health, Life, and Dental 0 168,456a (168,456)(T)b
Salary Survey and
Anniversary Increases 0 5,166a
(5,166)(T)b
(b) Probation and
Related Services
Alcohol/Drug Driving
Safety Contract (2,940,547) (2,940,547)(T)b
(70.2
FTE)
Alcohol/Drug Driving
Safety Program 3,768,497 3,621,858a 146,639c
(70.2 FTE)
Subtotal (Judicial
Department) 827,950 3,795,480 (2,967,530)
a These amounts shall be from the alcohol and drug driving safety program fund created in section 4241301 (10), Colorado Revised Statutes.
b These amounts shall be from the department of human services, alcohol and drug abuse division, pursuant to section 4241301 (10), Colorado Revised Statutes.
c This amount shall
be from reserves in the alcohol and drug driving safety program
fund created in section 4241301 (10), Colorado Revised
Statutes.
SECTION 3. Effective
date. This act shall take effect July 1, 1998.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO