CHAPTER 256
HB 1311 – FINAL VERSION
05/14/08 1734s
2008 SESSION
03/09
HOUSE BILL 1311
AN ACT relative to impaired driver intervention programs.
SPONSORS: Rep. Almy, Graf 11; Rep. Butynski, Ches 4; Rep. Welch, Rock 8; Rep. Tholl, Coos 2; Rep. L. Hammond, Graf 11
COMMITTEE: Criminal Justice and Public Safety
This bill makes various changes to statutes relating to the administration of impaired driver intervention programs. This bill also establishes a commission to examine driving while impaired education and intervention programs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/14/08 1734s
08-2498
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to impaired driver intervention programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
256:1 Aggravated DWI; Intervention Program. Amend RSA 265-A:18, I(b)(3) to read as follows:
(3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive [24-hour periods] days shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive [24-hour periods] days or such other time as the court may order;
256:2 Aggravated DWI; Bodily Injury Offenses; Intervention Program. Amend RSA 265-A:18, I(c)(3) to read as follows:
(3) Sentenced to a mandatory sentence of not less than 21 consecutive days of which 14 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive [24-hour periods] days served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services, and the remainder of the sentence may be deferred at the court’s discretion. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive [24-hour periods] days or such other time as the court may order. The court may, at the satisfactory completion of any ordered treatment, suspend any remaining deferred sentence. Failure to successfully complete any court-ordered intervention program or recommended treatment shall result in the imposition of any remaining deferred sentence; and
256:3 Second Offense DWI; Intervention Program. Amend RSA 265-A:18, IV(a)(3) to read as follows:
(3)(A) If the complaint alleges that the prior conviction occurred within 2 years preceding the date of the second offense, the person shall be sentenced to a mandatory sentence of not less than 37 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive [24-hour periods] days to be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40 within 21 days after conviction, except that in circumstances where the state-operated 7-day multiple DWI offender intervention detention center has no available space the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 30 consecutive 24-hour periods or such other time as the court may order.
(B) If the complaint alleges that the prior conviction occurred more than 2 but not more than 10 years preceding the date of the second offense, the person shall be sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive [24-hour periods] days shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive [24-hour periods] days or such other time as the court may order.
256:4 Intervention Programs; Hearings. Amend RSA 265-A:18, VII(d)-(e) to read as follows:
(d) A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has successfully completed [attendance at] the I.D.I.P., the M.O.P., or an equivalent program, including, but not limited to, that he or she has met all further counseling requirements of the program and that he or she has paid all assessed program fees. The presumption may be overcome by a hearing requested by the department, or the I.D.I.P., the M.O.P., or an equivalent program, with notice to the person and an opportunity for the person to be heard [by the person], where the department and/or the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.
(e) The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing of any further treatment it deems necessary in order to be considered a completed program before a license suspension should be restored. The department of safety shall notify the licensee of his or her ability to request a hearing to dispute the findings and the licensee shall inform the department of safety if the licensee requests a hearing within 20 days of receipt of such notice. At such hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving the person has not successfully completed an impaired driver intervention program. The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing within 5 days after the [end] successful completion, including meeting all further counseling requirements, of the program attended by the licensee.
256:5 Reference Changed. Amend RSA 265-A:39, I to read as follows:
I. Except as provided in paragraph IV, the commissioner of the department of health and human services shall be responsible for biennially approving the impaired driver intervention programs and 7-day residential intervention programs equivalent to the multiple DWI offender intervention detention center program (M.O.P.) which persons convicted under RSA 265-A:2 or RSA 265-A:3 shall attend in order to regain their driver’s licenses or driving privileges; but the commissioner of the department of health and human services shall not approve any impaired driver intervention program unless such program is conducted without cost to the state. Notwithstanding RSA 6:12, any fees collected under subparagraph [V(c)] IV(g) of this section shall be placed in a nonlapsing revolving account and shall be used by the commissioner for the purposes of this subdivision only.
256:6 Impaired Driver Intervention Programs; Rules. Amend RSA 265-A:39, IV-V to read as follows:
IV. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver intervention programs and those programs equivalent to the M.O.P. as required in RSA 265-A:18 and RSA 265-A:42 with respect to:
(a) Procedures and forms to be followed in order for drivers who have completed such programs to regain their licenses or driving privileges.
(b) Place of business and areas of the state in which approved programs may operate.
(c) Records and reports.
(d) Schedule of fees and charges.
(e) [Such other matters as the commissioner of the department of health and human services and the commissioner of safety may prescribe for the protection of the public.
V. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the operation of impaired driver intervention programs with respect to:
(a)] Course content and standards of instruction.
[(b)] (f) Certification and recertification of instructors.
[(c)] (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring course content, establishing and maintaining standards of instruction, data collection, and administrative support.
[(d)] (h) Any other matter related to the proper administration of this section and the protection of the public.
256:7 Multiple DWI Offender Intervention Detention Center Program; Rules. Amend RSA 265-A:40, V to read as follows:
V. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the operation of the 7-day multiple DWI offender intervention detention center program with respect to:
(a) Program curriculum and content.
(b) [Bed availability schedules.
(c)] Any other matter related to the proper administration of this section.
256:8 Impaired Driver Intervention Programs; Successful Completion. Amend RSA 265-A:42, III to read as follows:
III. Successful completion shall also include attendance at the I.D.I.P., the M.O.P., or an equivalent program and payment of all assessed I.D.I.P., M.O.P., and equivalent program fees, except in the case of attendance at programs operated by the department of corrections. Failure of the offender to make full payment of the assessed fee may also result in petition for contempt of court charges against the offender.
256:9 Impaired Driver Intervention Programs; Hearings. Amend RSA 265-A:42, V to read as follows:
V.(a) A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has successfully completed [attendance at] the I.D.I.P., the M.O.P., or an equivalent program, including, but not limited to, that he or she has met all further counseling requirements of the program and that he or she has paid all assessed program fees. The presumption may be overcome by a hearing requested by the department, or the I.D.I.P., the M.O.P., or an equivalent program, with notice to the person and an opportunity for the person to be heard [by the person], where the department and/or the I.D.I.P., the M.O.P., or an equivalent program, shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.
(b) The I.D.I.P., the M.O.P., or an equivalent program shall inform the department in writing of any further treatment it deems necessary in order to be considered a completed program before a license suspension should be restored. The department shall notify the licensee of his or her ability to request a hearing to dispute the findings and the licensee shall inform the department of safety if the licensee requests a hearing within 20 days of receipt of such notice. At such hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving the person has not successfully completed an impaired driver intervention program. The I.D.I.P., the M.O.P., or an equivalent program shall inform the department in writing within 5 days after the [end] successful completion, including meeting all further counseling requirements, of the program attended by the licensee.
256:10 Commission to Examine Driving While Impaired Education and Intervention Programs.
I. There is hereby established a commission to examine driving while impaired education and intervention programs. The members of the commission shall be as follows:
(a) Three members of the house of representatives, one of whom shall be from the criminal justice and public safety committee, appointed by the speaker of the house of representatives.
(b) The commissioner of the department of safety, or designee.
(c) The administrative judge of the district court, or designee.
(d) The commissioner of the department of health and human services, or designee.
(e) The chairman of the liquor commission, or designee.
(f) Two treatment providers, one of whom operates an impaired driver intervention program, appointed by the governor.
(g) An attorney from a county attorney’s office, appointed by the governor.
(h) A municipal prosecutor, appointed by the governor.
(i) A representative from an alcohol recovery program, appointed by the governor.
(j) A representative from an advocacy group against drunk driving, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall examine driving while impaired education and intervention programs, including the multiple DWI offender intervention detention center program, and offer recommendations for enhancement of programs including the re-organization of the current operation and structure, if required. The commission shall identify and consider the full range of legislative and policy strategies that may be effective in enhancing or restructuring intervention and education programs for those caught driving while impaired, including the multiple DWI offender intervention detention center program. In its deliberation, the commission shall seek input from individuals or entities that the commission deems relevant to its study. The commission shall consider, but not be limited to, the following topics:
(a) Conducting client assessments of addiction and treatment needs at the time of arraignment or within 48 hours of arrest.
(b) Referral to treatment programs or early intervention and education and subsequent case management throughout treatment, and methods to involve the court system.
(c) Review of sentencing based on client adherence to a treatment plan and reduced risk of recidivism.
(d) Offering additional case management or treatment, as needed.
(e) Incentives to be built into the system for individuals to seek early care.
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.
V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2008.
256:11 Effective Date.
I. Section 10 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 26, 2008
Effective Date: I. Section 10 shall take effect June 26, 2008.
II. Remainder shall take effect August 25, 2008