Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2774 History

DOWNLOAD  wpd  |  Email


hb2774 intr
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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***