CHAPTER 228
HB 283-FN – FINAL VERSION
4Jan2012… 2682h
04/25/12 1660s
04/25/12 1830s
6June2012… 2481EBA
2012 SESSION
03/09
HOUSE BILL 283-FN
AN ACT relative to impaired drivers.
SPONSORS: Rep. Almy, Graf 11; Rep. Butynski, Ches 4; Rep. Welch, Rock 8; Rep. Tholl, Coos 2
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Requires, to the extent practicable, an arraignment on a DWI charge within 14 business days of the violation.
II. Modifies treatment requirements for DWI offenders.
This bill was requested by the commission to examine driving while impaired education and intervention programs established by 2008, 256.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2682h
04/25/12 1660s
04/25/12 1830s
6June2012… 2481EBA
11-0520
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to impaired drivers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
228:1 Reference Changed. Amend RSA 6:12, I(b)(147) to read as follows:
(147) Moneys deposited in the [7-day multiple DWI offender intervention] impaired driver education program (IDEP) and impaired driver care management program (IDCMP) account under RSA 265-A:41.
228:2 Reference Deleted. Amend RSA 126-A:34, I(a) to read as follows:
(a) Review and investigate all records of the New Hampshire hospital, Laconia developmental services, the secure psychiatric unit, the Glencliff home, and the Anna Philbrook center, [and the multiple DWI offender intervention program (M.O.P.),] relative to expenses incurred by patients, residents, or clients at such institutions, facilities, or programs or expenses incurred by patients, residents, or clients receiving care, treatment, services, or maintenance at the direction of the commissioner of health and human services, and make recommendations to the commissioner and to the respective superintendents or directors of such institutions, facilities, or programs as to the rates to be charged for the care, treatment, and maintenance of such patients, residents, or clients.
228:3 New Section; Alcohol or Drug Impairment; Arraignment. Amend RSA 265-A by inserting after section 3 the following new section:
265-A:3-a Arraignment. To the extent practicable, a law enforcement officer charging a person with violating RSA 265-A:2 or RSA 265-A:3 shall schedule an arraignment on such charge to take place no later than 14 business days after the date of the violation.
228:4 Penalties for Intoxication or Under Influence of Drugs Offenses. RSA 265-A:18 is repealed and reenacted to read as follows:
265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.
I. Except as otherwise provided in this section:
(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:
(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Referred by the court to an IDCMP and, if a first-time offender, required to submit to an alcohol and drug abuse screening within 14 days of conviction, and, if testing demonstrates the likelihood of a substance use disorder, to submit further to a full substance use disorder evaluation within 30 days of conviction, to be administered by a service provider indicated by the IDCMP, and thereafter to follow the service plan developed from that substance use disorder evaluation by the IDCMP;
(4) Required to complete a department of health and human services approved impaired driver education program prior to the restoration of the person’s driver’s license or privilege to drive; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of this requirement;
(5) Required to pay all fees arising from services provided by the IDCMP and its referrals for the service plan; and
(6) Subject to the following:
(A) The person’s driver’s license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has been screened within 14 days and, if required, has completed the substance use disorder evaluation within 30 days with a service provider indicated by an IDCMP and is in compliance with the service plan produced thereafter, and has completed a department of health and human services approved impaired driver education program. The court may, in its discretion, require the installation of an interlock device in accordance with RSA 265-A:36 during the period of sentence reduction, and may reimpose the longer suspension period if the defendant becomes noncompliant with the treatment recommendations at any time during the suspension period;
(B) The sentencing court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate; and
(C) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person’s subsequent driving record, the recommendation of the IDCMP, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.
(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c), shall be:
(1) Guilty of a class A misdemeanor;
(2) Fined not less than $750;
(3) Sentenced to a mandatory sentence of not less than 17 consecutive days in the county correctional facility, of which 12 days shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 5 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period;
(4) Ordered to install an interlock device in accordance with RSA 265-A:36; and
(5) Subject to the following:
(A) The person’s driver’s license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Upon confirmation from the IDCMP that the person is in full compliance with the service plan, the court may suspend up to 6 months of this sentence, with the condition that an interlock device be installed for the period of the suspended sentence in addition to any period required in accordance with RSA 265-A:36 and provided that all fees have been paid; and
(B) The sentencing court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate.
(c) Any person who is convicted of aggravated DWI under RSA 265-A:3, I(b) or II(b), shall be:
(1) Guilty of a class B felony;
(2) Fined not less than $1,000;
(3) Sentenced to a mandatory sentence of not less than 35 consecutive days in the county correctional facility, of which 21 shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 14 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period;
(4) Ordered to install an interlock device in accordance with RSA 265-A:36; and
(5) Subject to the following:
(A) The person’s driver’s license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person shall schedule a substance use disorder evaluation within 30 days of release, or upon release from the county correctional facility, whichever occurs later, complete the required substance use disorder evaluation within 60 days of release with a service provider indicated by an IDCMP, and the service plan produced thereafter, with the condition that an interlock device be installed for the period of the suspended sentence in addition to any period required in accordance with RSA 265-A:36 and provided that all fees have been paid; and
(B) The sentencing court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate.
II. Any person convicted of a violation of RSA 265-A:19, II shall be subject to the penalties set out in this section for a violation of RSA 265-A:3. Any person convicted of a violation of any other provision in RSA 265-A:19 or a violation of RSA 265-A:2, II shall be subject to the penalties set out in this section for a violation of RSA 265-A:2, I.
III. Any person who is convicted of an offense under RSA 265-A:2, I or RSA 630:3, II, and whose offense occurred while the person was under the age of 21, shall be sentenced according to the provisions of this section, except that in all cases the person’s driver’s license or privilege to drive shall be revoked for not less than one year. The person shall schedule a substance use disorder evaluation with a service provider indicated by an IDCMP within 30 days of conviction, or upon release from the correctional facility, whichever occurs later, complete the required substance use disorder evaluation within 60 days of release, comply with the service plan developed by the IDCMP, and complete an approved impaired driver education program if not previously completed within the past 5 years.
IV. Upon conviction of any offense under RSA 265-A:2, I or RSA 265-A:3, based on a complaint which alleged that the person has had one or more prior convictions under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction, within 10 years preceding the date of the second or subsequent offense, the person shall be subject to the following penalties in addition to those provided in paragraph I:
(a) For a second offense:
(1) The person shall be guilty of a class A misdemeanor;
(2) The person shall be fined not less than $750;
(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 60 consecutive days in the county correctional facility, of which 30 days shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 30 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period;
(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 17 consecutive days in the county correctional facility, of which 12 days shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 5 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period; and
(4) The person’s driver’s license or privilege to drive shall be revoked for not less than 3 years. The person’s driver’s license or privilege to drive shall not be restored by the department until the person shall have completed the service plan developed by the IDCMP, and paid all relevant fees.
(b) For a third offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:
(1) The person’s driver’s license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years. At the end of the 5-year minimum revocation period the person may petition the court for eligibility to reapply for a driver’s license and the court, for good cause shown, may grant such eligibility subject to such terms and conditions as the court may prescribe. Any untimely petition under this subparagraph shall be dismissed without a hearing. If such petition is granted and the person is otherwise eligible for license restoration, the person may then apply to the director for restoration of driver’s license, but the license shall not be restored until all requirements under law are met. The person’s driver’s license or privilege to drive shall not be restored by the department until the person shall have completed the service plan developed by the IDCMP, and paid all relevant fees.
(2) The person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 150 shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 30 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any required treatment, suspend any remaining deferred sentence.
(c) For a fourth or subsequent offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least 7 years.
(d) For a third or subsequent offense when any prior offense under this paragraph is negligent homicide under RSA 630:3, II, or reasonably equivalent offense in an out-of-state jurisdiction, the person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least 10 years.
V. If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:3, and the conviction is not based upon a complaint which alleges prior convictions as provided in paragraph IV, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person’s driver’s license or privilege to drive shall be revoked for not less than one year nor more than 3 years. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. The person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. The court may suspend up to 6 months of this sentence, conditional on completion of the required evaluation within 30 days of the court’s finding, completion of the service plan developed by the IDCMP, and payment of all relevant fees.
VI. For the purposes of this section:
(a) “Revocation” or “revoked” means revocation as defined in RSA 259:90 and also includes, if the person is a nonresident, the revocation of the person’s privilege as an out-of-state driver to drive on any ways of this state.
(b) “Out-of-state jurisdiction” includes any governmental entity that issues driver’s licenses that are valid for operating a motor vehicle on the ways of this state as provided in RSA 263:37, and that has laws relating to driving while impaired that are reasonably equivalent to the laws of this state.
(c) “IDCMP” means an impaired driver care management program approved by the department of health and human services under RSA 265-A:40.
VII. No portion of the minimum mandatory sentence of imprisonment and no portion of the mandatory sentence of the period of revocation and no portion of any fine imposed under this section shall be suspended or reduced by the court. No case brought to enforce this section shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this section shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by RSA title LXII or any other provision of law.
VIII. Any person convicted of a violation of RSA 265-A:2, RSA 265-A:3, or RSA 265-A:19, II, and who at the time of driving or attempting to drive a vehicle or off highway recreational vehicle or operating or attempting to operate a boat was transporting a person under the age of 16, shall have the driver’s license or privilege to drive revoked for the maximum time period under the section violated and the person’s license or privilege to drive shall not be restored until the offender has completed an IDCMP screening within 14 days of conviction, and if testing demonstrates the likelihood of a substance use disorder, the person shall schedule a substance use disorder evaluation within 30 days of conviction or within 30 days of release from the correctional facility, whichever occurs later, complete the required substance use disorder evaluation within 60 days of release from the correctional facility, comply with the service plan developed from the substance abuse disorder evaluation by the IDMP, and complete a department of health and human services approved impaired driver education program prior to the restoration of the person’s driver’s license or privilege to drive; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of this requirement.
IX. Any conviction under RSA 265-A:2, I or RSA 265-A:3 shall be reported to the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
X. When any provision of this section requires a person to schedule, submit to, or complete an alcohol and drug abuse screening or substance use disorder evaluation within a specified number of days, or makes such a condition of eligibility for suspension of a period of license revocation or other sentence, a person may comply with the requirement within the time period specified or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow.
228:5 Boat Operation. Amend RSA 265-A:19, II to read as follows:
II. Any person convicted of a violation of RSA 265-A:2, II who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the [offender has successfully completed a 7-day program at the multiple DWI offender program or an equivalent 7-day residential intervention program approved by the department of health and human services at the person’s own expense] person completes a substance use disorder evaluation administered by a service provider indicated by an IDCMP, complies with the service plan developed from the substance abuse disorder evaluation, and complete a department of health and human services approved impaired driver education program; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of the impaired driver education program requirement. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.
228:6 Impaired Driver Education Programs. Amend RSA 265-A:39 to read as follows:
265-A:39 Impaired Driver [Intervention] Education Programs.
I. Except as provided in paragraph [IV] III, the commissioner of the department of health and human services shall be responsible for [biennially] approving the impaired driver [intervention] education programs [and 7-day residential intervention programs equivalent to the multiple DWI offender intervention 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] education program unless such program is conducted without cost to the state. Notwithstanding RSA 6:12, any fees collected under subparagraph [IV(g)] III(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.
II. [Notwithstanding any other law to the contrary, the impaired driver intervention programs operated by the department of corrections shall be deemed approved programs for purposes of the attendance required at such programs for restoration of driver’s licenses or driving privileges under RSA 265-A:42.
III.] An impaired driver [intervention] education program shall consist, at a minimum, of 20 hours of [standardized] evidence-based educational curriculum [and an exit interview]. The department of health and human services shall establish and maintain standards of instruction and monitor course content.
[IV.] III. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver [intervention] education 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) Necessary 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) Course content and standards of instruction.
(f) Certification and recertification of instructors.
(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.
(h) Program compliance.
(i) Any other matter related to the proper administration of this section and the protection of the public.
228:7 Impaired Driver Care Management Programs. RSA 265-A:40 is repealed and reenacted to read as follows:
265-A:40 Impaired Driver Care Management Programs.
I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application that demonstrates, in a manner satisfactory to the commissioner of the department of health and human services, that the applicant has the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide the services required of an IDCMP under this chapter. A treatment provider, who may also carry out substance use disorder evaluations, may be approved upon receipt of an application that demonstrates in equivalent fashion the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide services. The commissioner of the department of health and human services shall monitor IDCMP services and may withdraw the approval of an IDCMP or treatment provider upon receipt of reliable evidence that the entity has failed to meet the requirements of this section or is likely to act in a manner that threatens public safety or the welfare of a client.
II. An approved impaired driver care management program (IDCMP) shall provide the following services for persons arrested for or convicted of an offense under this chapter:
(a) Screening of first-time offenders, using a screening test approved by the department of health and human services, to determine whether they need a full evaluation for substance use disorders.
(b) Conducting a full substance use disorder evaluation, as necessary.
(c) Development of a service plan based on this assessment of the client, which may include referral to education and/or treatment programs.
(d) Monitoring of the services provided to the client under the service plan.
(e) Notifying the division of motor vehicles and the sentencing court if the client fails to comply with the service plan.
(f) Periodic face-to-face evaluations of the client’s progress.
(g) Administration of drug and alcohol tests or other abstinence monitoring regimen required by the court or included in the service plan.
(h) Reporting the results of monitoring or final evaluation and completion by the IDCMP, as appropriate, to the sentencing court, the division of motor vehicles, and the department of health and human services.
III. Before the service plan is finalized, the client shall provide to the program an original certified copy of the person’s driver’s license record. Such record shall be secured from the division of motor vehicles, or from the state in which the person holds a driver’s license, if an out-of-state resident. The person shall pay for all costs involved in securing the certified copy.
IV. Persons receiving services from an impaired driver care management program and from education or treatment programs included in the service plan shall be responsible for the fees assessed by such programs, including a per-client fee paid by the program provider to the department of health and human services sufficient to cover the costs of monitoring program services, data collection, and administrative support by the department of health and human services. Persons who cannot pay for IDCMP or treatment services may avail themselves of publicly funded programs. The department of health and human services may review the fees assessed and allow for payment plans, fee waivers, or services for indigent clients or clients that meet poverty guidelines established by the commissioner.
V. The approved impaired driver care management program (IDCMP) shall determine whether the client has complied with all requirements of the service plan. The IDCMP shall notify the client, the division, the court, and the department of health and human services when the client has complied with such requirements and paid all applicable fees.
VI. The client shall have the right to a hearing before the commissioner of safety or designee, who shall determine whether the service plan requirements are warranted and appropriate.
VII. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver care management programs with respect to:
(a) Approval of programs.
(b) Procedures and forms to be followed in order to verify client completion of the program.
(c) Place of business and areas of the state in which approved programs may operate.
(d) Records and reports.
(e) Schedule of fees and charges.
(f) Certification and recertification of programs.
(g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring compliance, data collection, and administrative support.
(h) Site reviews.
(i) Program compliance.
(j) Any other matter related to the proper administration of this section and the protection of the public.
VIII. For the purposes of clinical efficacy and continuity of care the IDCMP may provide substance abuse treatment services to those persons required to complete a treatment service plan if the IDCMP is also a department of health and human services approved treatment services provider and if the person elects this option. Before the person may elect this option, the IDCMP shall first provide the person with a printed list of all other department of health and human services approved providers. The person shall sign a waiver acknowledging receipt of the list that also fully explains his or her right to choose a different provider at any time. The person may elect to receive treatment services from the IDCMP by acknowledging on the waiver that he or she has chosen to obtain the required substance abuse treatment services from the IDCMP.
228:8 Utilization of Funds. Amend RSA 265-A:41 to read as follows:
265-A:41 Utilization of Funds. All funds derived from the fees collected by the commissioner of the department of health and human services under RSA 265-A:18 and RSA 265-A:40 shall be paid over to the state treasurer within 10 days of the subsequent month, or at an earlier date, for deposit into a separate account in the treasury known as the [7-day multiple DWI offender intervention] impaired driver education program (IDEP) and impaired driver care management program (IDCMP) account. These funds are appropriated as indicated in the operating budget as a source of funds for the [7-day multiple DWI offender intervention program] the department of health and human services’ responsibilities under this subdivision. Any funds remaining in the account over the appropriation indicated in the operating budget shall lapse into the general fund at the end of each fiscal year.
228:9 Attendance at Impaired Driver Education Course Required. RSA 265-A:42 is repealed and reenacted to read as follows:
265-A:42 Attendance at Impaired Driver Education Course Required.
I. The director shall not restore the license or driving privilege of any person whose license or privilege has been revoked or suspended pursuant to RSA 265-A:2, I or 265-A:3 if the person has not completed a department of health and human services approved impaired driver education program within the past 5 years, completed an alcohol and drug abuse screening, and if testing demonstrates the likelihood of a substance use disorder, a substance use disorder evaluation, and complied with the service plan developed from the substance abuse disorder evaluation by the IDCMP, furnished proof of completion of a department of health and human services approved impaired driver education, and paid all relevant program fees.
II. The impaired driver education program operating the course shall report completion of the course to the impaired driver care management program.
228:10 Sentences and Limitations. Amend RSA 651:2, V(h) to read as follows:
(h) In cases of a person convicted of a felony or class A misdemeanor, a court may [sentence] require such person to [7 consecutive 24-hour periods to be served at the 7-day multiple DWI offender intervention program] be screened and/or evaluated for risk of substance use disorders at an impaired driver care management program (IDCMP) approved by the department of health and human services, and to comply with the treatment plan developed by the IDCMP as established under RSA 265-A:40, if the evidence demonstrates that [alcohol was] substances were a contributing factor in the commission of the offense and [provided that space is available in the program and] if such person [pays] has the ability to pay the fees for the program in full [prior to admission].
228:11 Transition Provision; Phasing-out Multiple DWI Offender Intervention Program (M.O.P.) for the Impaired Driver Care Management Program (IDCMP). If a person was sentenced to the multiple DWI offender intervention program (M.O.P.) under RSA 651:2, V(h) or RSA 265-A:18 prior to January 1, 2013, and the person has not successfully completed the multiple DWI offender intervention program as of January 30, 2013, then such person shall be required to participate in the impaired driver care management program (IDCMP) as established under RSA 265-A:40.
228:12 Effective Date. This act shall take effect January 1, 2013.
Approved: June 18, 2012
Effective Date: January 1, 2013