H. B. 2774
(By Delegates Craig, Stephens, Morgan,
Amores and Leach)
[Introduced
March 1, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17C-5C-1, §17C-5C-2,
§17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7,
§17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12,
§17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16, §17C-5C-17,
§17C-5C-18 and §17C-5C-19, all relating to creating one or
more pilot programs establishing a court referral officer
program to promote the screening, evaluation, education,
treatment and rehabilitation of persons who are repeat
offenders or serious offenders under provisions relating to
driving under the influence of alcohol, controlled substances
or drugs.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17C-5C-1, §17C-5C-2,
§17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12, §17C-5C-13,
§17C-5C-14, §17C-5C-15, §17C-5C-16, §17C-5C-17, §17C-5C-18 and
§17C-5C-19, all to read as follows:
ARTICLE 5C. COURT REFERRAL FOR CERTAIN OFFENSES RELATED TO
DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED
SUBSTANCES OR DRUGS.
§17C-5C-1. Legislative findings and intent.
(a) The Legislature finds that a specialized system for
screening, evaluating, educating, treating, monitoring and
rehabilitating repeat offenders and other serious offenders
arrested for offenses related to driving under the influence of
alcohol, controlled substances or drugs, is required.
(b) It is therefore the intent of the Legislature to establish
one or more pilot programs to promote the screening, evaluation,
education, treatment, monitoring and rehabilitation of certain
persons whose repeated or serious use or dependency on alcohol,
controlled substances or drugs has resulted in their conviction for
an offense under the provisions of section two, article five of
this chapter, and to establish mandatory alcohol and drug abuse
programs to provide screening, evaluation, education, treatment,
monitoring and rehabilitation for these identified offenders.
§17C-5C-2. Definitions.
For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this article:
(1) "Alcohol or drug-related offenses" means all offenses
related to driving under the influence of alcohol, controlled
substances or drugs, as described under section two, article five
of this chapter.
(2) "Court referral program" means a pilot program established
to evaluate defendants' use of alcohol, controlled substances or
drugs and to promote the screening, evaluation, education,
treatment, monitoring and rehabilitation of certain defendants
convicted of driving under the influence of alcohol, controlled
substances or drugs.
(3) "Director" means the Director of the administrative office
of the Supreme Court of Appeals.
(4) "Driving under the influence" means driving or being in
actual physical control of a motor vehicle while under the
influence of alcohol, a controlled substance or drugs, as
proscribed by section two, article five of this chapter, or by an
offense described by a statute or ordinance of any sister state or
a municipality of this state or a sister state that contains the
same elements as an offense described by section two, article five
of this chapter.
(5) "Serious alcohol or drug abuse offender" means a person
who:
(A) At any time prior to the time that the current offense
for which the person was convicted had occurred, the convicted person had been previously convicted two or more times of driving
under the influence; or
(B) At the time the current offense was committed, or within
two hours thereafter, the person was tested and was found to have
an alcohol concentration in his or her blood of twenty hundredths
(.20) of one percent or more, by weight; or
(C) At the time the offense was committed, or within two hours
thereafter, the person was tested positive for a controlled
substance listed on Schedule I, II, III, IV or V, article two,
chapter sixty-a of this code or a combination of a controlled
substance, and alcohol or another drug; and:
(i) Did not have a valid prescription for the controlled
substance; or
(ii) Did have a valid prescription for the controlled
substance, but the person's ability to operate a motor vehicle was
significantly impaired.
(D) For purposes of subparagraph (C)(ii)above, a person's
ability to operate a motor vehicle is significantly impaired when
degradation of the person's cognitive skills, (such as information
processing), and psychomotor skills (those involving eye-brain-hand
coordination) render the person unable to operate a motor vehicle
without presenting a danger to himself or herself or other members
of the public.
§17C-5C-3. Court referrals; contracts by the Director of the administrative office of the Supreme Court of
Appeals; advice by circuit judges.
(a) The Director of the administrative office of the Supreme
Court of Appeals is authorized to contract with individuals or
entities to provide screening, evaluation, education, treatment,
monitoring and rehabilitation for courts and to phase in and
conduct the court referral programs in each judicial circuit of the
state that is chosen to participate in a pilot program. Such
appointments or contracts shall be made or entered into with the
advice of the chief judge of the participating circuit court. The
Director shall designate the locations where the court referral
programs, court referral officers or contracting entities or
individuals shall serve, which designations may be changed from
time to time: Provided, That all appointed court referral officers
and approved court referral programs shall serve at the pleasure of
the Director. Any individual or entity that contracts to conduct
a court referral program shall perform all the duties as set out in
a policies and procedures manual for court referral programs
established by the administrative office of the Supreme Court of
Appeals. Court referral officers shall work under the general
supervision and direction of the Director and the judge or judges
of the circuit to which they are assigned. Such court referral
officers shall be compensated by the state from moneys contained in
the alcohol and drug abuse court referral officer trust fund and any federal grants designated by the administrative office of the
Supreme Court of Appeals for this purpose.
(b) Court referral officers shall be required to perform the
following duties:
(1) Attend municipal, magistrate and circuit courts as needed;
(2) Screen and evaluate all defendants ordered by the courts
to participate and to recommend to the court appropriate
educational, treatment or rehabilitative programs for such
defendants;
(3) Develop and maintain a file on each defendant assigned to
the court referral officer, which shall include, but shall not be
limited to, information taken from arrest records, test scores,
results of chemical blood alcohol tests, drug screens and other
personal data;
(4) Continuously monitor defendants who are ordered to
complete alcohol or drug related educational or rehabilitative
programs and to report violations of such orders to the prosecutor
or court;
(5) Provide such information and reports on defendants
assigned to the court referral officer as may be required by the
prosecutor, ordering court or the Director;
(6) Provide information or education on the court referral
program to judges, clerks, law-enforcement personnel, prosecutors
and the general public;
(7) Collect and report statistics, data, and other information
pertaining to the court referral program and alcohol and drug
related offenses as required by the Director;
(8) Collect and report information to the courts concerning
results of urine screens, drug testing or other appropriate
evaluative measures; and
(9) Perform such other duties or functions to further the
purposes of this article as may be directed by the court which they
serve or by the Director.
§17C-5C-4. Mandatory enrollment program; guidelines; conditions.
(a) A person who is convicted of driving under the influence
shall be ordered by the sentencing court having jurisdiction over
the offense and participating in a pilot program to enroll in an
alcohol or drug abuse treatment program provided in this article,
if the person is a serious alcohol or drug abuse offender as
defined in subdivision (5), section two of this article.
(b) Upon enrollment in the evaluation, education and
rehabilitation program the offender is subject to the following
conditions. The offender shall:
(1) Provide information needed to conduct an assessment of his
or her treatment needs;
(2) Complete the recommended treatment;
(3) Complete a drug or alcohol testing program;
(4) Pay any restitution as may be ordered by the court;
(5) Unless indigent, pay for his or her assessment, treatment,
and monitoring.
§17C-5C-5. Enforcement.
Compliance with any order authorized pursuant to this chapter
relating to evaluation, education treatment, monitoring and
rehabilitation may be enforced by the court through exercise of its
contempt powers.
§17C-5C-6. Bureau for Behavioral Health and health facilities to
develop policies and procedures; certification.
The Bureau for Behavioral Health and health facilities of the
Department of Health and Human Resources shall develop policies and
procedures which shall be followed in the treatment of offenders.
§17C-5C-7. Alcohol and drug abuse court referral officer trust
fund established; use.
The alcohol and drug abuse court referral officer trust fund
is hereby established and created as a separate fund in the State
Treasury. Such fund shall be used for operation of the alcohol and
drug abuse court referral officer program. This fund shall consist
of all moneys paid into the State Treasury to the credit of such
fund pursuant to this article and all moneys received for the
benefit of the court referral officer program by legislative
appropriation, grant, gift, or contributions by counties or
municipalities, or otherwise. Such moneys shall be used and
expended by the Director to establish, organize, and administer the alcohol and drug abuse court referral officer program through one
or more pilot programs. Any unexpended or unencumbered sums
remaining in the fund at the end of the fiscal year except
appropriations from other state funds shall remain in the fund to
be preserved for the administration of the alcohol and drug abuse
court referral officer program.
§17C-5C-8. Alcohol and drug abuse court referral officer trust
fund - Purpose of expenditures; effect on other
appropriations.
Moneys contained in the alcohol and drug abuse court referral
officer trust fund shall be expended by the Director for purposes
set out in section three of this article. Appropriations
heretofore or hereafter made to the budget of the Supreme Court of
Appeals shall not be reduced by the amount of any funds contained
in the alcohol and drug abuse court referral officer trust fund.
§17C-5C-9. Court referral officer assessment cost.
In addition to the imposition of any other costs, penalties,
or fines imposed pursuant to law, any person convicted of driving
under the influence as defined in subdivision (4), section two of
this article shall be ordered by the presiding court to pay an
alcohol and drug abuse court referral officer assessment cost in an
amount recommended by the Director and approved by the Supreme
Court of Appeals. The State Treasurer shall credit such sums to
the alcohol and drug abuse court referral officer trust fund.
§17C-5C-10. Monitoring cost.
Any alcohol or drug-related offender referred for assessment
shall pay a monitoring cost to the court referral officer which
shall also be remitted to the State Treasurer by the court referral
officer by the tenth day of each month. The assessment cost and
monitoring costs shall be established and regulated by the Director
and can be adjusted to ensure that adequate financial resources are
available to support the court referral program and administration
of the program.
§17C-5C-11. Eligibility of court referral programs to receive
payments from fund.
The Director shall establish criteria to determine the
eligibility of court referral programs to receive payment from the
court referral officer trust fund.
§17C-5C-12. Indigent offender alcohol and drug treatment trust
fund - Established cost; sanctions for failure to
remit costs.
The indigent offender alcohol and drug treatment trust fund is
hereby established and created as a separate fund in the State
Treasury. Such fund shall provide for payment to eligible alcohol
and drug treatment programs for treatment and rehabilitation of
indigent offenders. This fund shall consist of all moneys paid
into the State Treasury to the credit of such fund pursuant to this
article and all moneys received for the benefit of the indigent offender alcohol and drug treatment trust fund by legislative
appropriation, grant, or otherwise. A cost recommended by the
Director and approved by the Supreme Court of Appeals shall be
collected from each offender convicted of driving under the
influence. The State Treasurer shall credit such sums to the
indigent offender alcohol and drug treatment trust fund. Failure
of a court referral program or court referral officer to remit all
costs collected shall be grounds for termination from the program.
§17C-5C-13. Indigent offender alcohol and drug treatment fund -
Criteria for eligibility of programs to receive
payment from fund.
The Bureau for Behavioral Health and health facilities shall
establish criteria to determine which treatment programs shall be
eligible to receive payment for treatment services for indigent
offenders from this fund, and shall establish rates of
reimbursement for treatment of indigent offenders. Such programs
must be certified by the Bureau for Behavioral Health and health
facilities.
§17C-5C-14. Indigent offender alcohol and drug treatment trust
fund - Purpose of expenditures
.
Moneys contained in the indigent offender trust fund shall be
expended by the Director for purposes set out in section twelve of
this article. Such moneys shall be used and expended by the
Director to establish, organize, and administer the indigent offender alcohol and drug treatment programs, including all
functions or projects of the Division of Health directly or
indirectly relating thereto. Any unexpended or unencumbered sums
remaining in the fund at the end of the fiscal year except
appropriations from other state funds shall remain in the fund to
be preserved for the administration of the indigent offender
treatment program.
§17C-5C-15. Deposit of grants.
Any grants received by the Director without instruction for
its use in any court referral program shall be deposited in the
funds in the treasury as described in this article in such manner
as the Director deems necessary to defray the costs of the pilot
program or programs established pursuant to this article.
§17C-5C-16. Waiver of payment of costs for indigents; revocation
of waiver; community service in lieu of payment.
Any person determined to be indigent by the court may request
waiver of all or part of the costs established by this chapter. In
such cases where a waiver of costs is granted, such waiver shall be
limited to the time when the offender is unable to pay. If the
offender becomes able to pay during the course of monitoring or
treatment, or another future date, the waiver of costs may be
revoked. The judge may order an indigent offender to perform
community service in lieu of payment of costs.
§17C-5C-17. Reports to the Legislature.
On or before the first day of December, two thousand five, and
on the same day in subsequent years, the Director shall submit two
reports each to the President of the Senate and Speaker of the
House of Delegates. One report shall contain relevant information
dealing with the costs, expenses, and funding of the pilot program
or programs in operation. A second report shall contain
information pertaining to the performance of the pilot program or
programs and their perceived impact on the problem of driving under
the influence.
§17C-5C-18. Exemption from liability.
The Director, employees of the administrative office of the
Supreme Court of Appeals, and the employees of the Division of
Health, including the Director of the Bureau for Behavioral Health
and health facilities, shall be exempt from civil liability for
alleged acts of ordinary negligence for actions taken in
performance of their official duties in carrying out the provisions
of this article.
§17C-5C-19. Termination of pilot program.
A pilot program established pursuant to the provisions of
this article shall terminate on or before the first day of April,
two thousand ten, unless continued by legislative action.
NOTE: The purpose of this bill is to
create one or more pilot
programs establishing a court referral officer program to promote
the screening, evaluation, education, treatment and rehabilitation of persons who are repeat offenders or serious offenders under
provisions relating to driving under the influence of alcohol,
controlled substances or drugs.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
