No. 42277 (New Rule): Rule R714-510. 24-7 Sobriety Program

(New Rule)

DAR File No.: 42277
Filed: 10/30/2017 01:26:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish criteria and procedures for a law enforcement agency to participate in a 24-7 sobriety program. The rule is authorized by Section 41-6a-515.5 as a result of the passage of H.B. 250 during the 2017 General Session.

Summary of the rule or change:

The rule establishes the manner in which a participant in a 24-7 Sobriety Program will submit to required chemical testing, the apparatus to be used for testing, applicable fees to be assessed for participation in the 24-7 Sobriety Program and testing under the program, criteria for a data management technology plan, a sanction schedule for program non-compliance, and the process for piloting alternate components of the 24-7 Sobriety Program.

Statutory or constitutional authorization for this rule:

• Section 41-6a-515.5

Anticipated cost or savings to:

the state budget:

It is anticipated that the Department of Public Safety (DPS) will incur approximately $30,000 in one-time personnel costs in order to establish the pilot program, and get it up and running.

local governments:

The Weber County Sheriff's Office is the agency selected to participate for the purposes of implementation of the 24-7 Sobriety Program pilot as authorized by H.B. 250 (2017). They have selected Scram Systems as their vendor to provide data management technology services for implementation of the program. The anticipated cost for this service will be minimum contract amount of $15,000 annually, with a potential for additional fees depending on the usage of the system. Anticipated costs for staffing for the Weber County Sheriff's Office for the purposes of implementing the program is $70,000 annually. Anticipated costs for purchase of three additional portable breath testers is $327 each for a total of $981. In addition, other alcohol testing supplies such as testing straws are $45 per case of 250 at an estimated 100 program participants who will be required to test twice daily. It is anticipated that there will be approximately 100 program participants annually, who will be assessed a one time enrollment fee of $30, and a fee of $2 two times a day for alcohol testing, which DPS estimates may result in a revenue to the Weber County Sheriff's Office in the amount of $3,400 annually. Costs for Urinalysis tests are $47.75 per case of 25, 4 panel tests, and $94.25 per case of 25, 10 panel tests. At this time DPS is unable to determine how many of the program participants might be required to submit to drug testing in order to participate in the program.

small businesses:

The Weber County Sheriff's Office obtains their portable breath testing units (PBTs), and other testing supplies through State of Utah Best Value Cooperative Contracts. The rule change will not have an impact on small businesses other than the vendor from whom purchases are made through a state contract, which will see a slight increase in the number of supplies purchased from them.

persons other than small businesses, businesses, or local governmental entities:

Persons that are ordered by a judge to participate in a 24-7 Sobriety Program after being convicted for DUI will be required to appear at a testing location twice a day and submit to a chemical test between the hours of 6 to 8 am and 6 to 8 pm. Persons that participate in the 24-7 Sobriety Program will be able to maintain a valid driver license. This may help some individuals to maintain employment or continue to take care of other personal responsibilities. If a person participating in a 24-7 Sobriety Program is determined to be out of compliance with the requirements of the program, they may serve jail time as a result, or they may be removed from the program and have their driver license suspended. Based on 24-7 Sobriety Program statistics provided by the state of South Dakota from 10/10/2006 to 05/18/2017, 75% of their participants were fully compliant. At this time, DPS is unable to determine the number of participants that will become out of compliance with the program.

Compliance costs for affected persons:

Persons that are ordered by a judge subsequent to a DUI conviction to participate in a 24-7 Sobriety Program will be required to pay a one-time $30 fee for enrollment in the 24-7 Sobriety Program, and testing fees to be determined based on the type of testing that will be conducted. For breath alcohol testing, the person will be required to pay $2 per test twice a day. For urine or oral fluid testing in connection with a drug-related DUI conviction, the person will be required to pay $6 per test administered at a frequency determined by the judge. In the event an individual is ordered to use transdermal alcohol monitoring in connection with the 24-7 Sobriety Program, a fee of $7.55 per day will be assessed. Persons that participate in the 24-7 Sobriety Program will be able to maintain a valid driver license. This may help some individuals to maintain employment or continue to take care of other personal responsibilities.

Comments by the department head on the fiscal impact the rule may have on businesses:

The enactment of this rule should not have an impact on businesses. The Weber County Sheriff's Office purchases testing supplies from a single vendor through a state contract. The vendor that supplies are purchased from will have a positive fiscal impact due to the slight increase in supplies that will be needed in order to implement the program. The above analysis and summary reflects DPS's best estimate regarding the impact the rule change will have on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Steven Winward at the above address, by phone at 801-550-6163, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Steven Winward, Captain

RULE TEXT

R714. Public Safety, Highway Patrol.

R714-510. 24-7 Sobriety Program.

R714-510-1. Authority.

This rule is authorized by Subsection 41-6a-515.5(7).

 

R714-510-2. Purpose.

The purpose of this rule is to establish criteria and procedures for a law enforcement agency to participate in a 24-7 sobriety program.

 

R714-510-3. Definitions.

(1) Definitions used in the rule are found in Sections 41-6a-102, and 41-6a-515.5.

(2) In addition:

(a) "24-7 Sobriety Program Committee" or "committee" means a committee comprised of members from the Department of Public Safety, the Department of Technology Services, the Administrative Office of the Courts, and the participating law enforcement agency for the purpose of establishing criteria and procedures for a 24-7 sobriety program.

 

R714-510-4. Manner of Testing.

(1) An individual participating in a 24-7 program for in person alcohol testing shall:

(a) appear at the designated law enforcement agency or testing site twice a day, both between the hours of 6-8 am and 6-8 pm;

(b) submit to a portable breath test; and

(i) if the portable breath test result indicates alcohol consumption, submit to an Intoxilyzer test for a confirmation result; and

(c) pay the required testing fee for each test administered.

(2) An individual participating in a 24-7 program for drug testing shall:

(a) appear at the designated law enforcement agency or testing site on a random basis as requested;

(b) submit to required drug testing; and

(c) pay the required testing fee for each test administered.

(3) An individual may be ordered to participate in a 24-7 program through the use of transdermal alcohol monitoring if:

(a) the individual has completed a screening for risk assessment and is determined to be a low risk offender; or

(b) the judge hearing the case has determined that the individual qualifies for a hardship exception based on criteria outlined in Subsection 41-6a-515.5(3)(e).

 

R714-510-5. Apparatus to be Used for Testing.

(1) The following apparatus are acceptable for use in a 24-7 sobriety program;

(a) portable breath test;

(b) Intoxilyzer test;

(c) urine test;

(d) oral fluid test; and

(e) blood test.

 

R714-510-6. Participation and Testing Fees.

(1) A law enforcement agency that participates in a 24-7 sobriety program may require payment of a testing fee by a person participating in the program as follows:

(a) $30.00 user fee for enrollment in the 24-7 sobriety program;

(b) $2.00 for each portable breath test or Intoxilyzer test administered;

(c) $6.00 for each urine or oral fluid drug test administered; and

(d) $7.55 per day for the use of transdermal alcohol monitoring;

 

R714-510-7. Data Management Technology Plan.

(1) A law enforcement agency that participates in a 24-7 sobriety program must use a data management technology plan approved by the department to manage the following:

(a) testing;

(b) data access;

(c) fees;

(d) fee payments; and

(e) any required reports.

 

R714-510-8. Sanction Schedule for Program Noncompliance.

(1) A person who tests positive for alcohol or drugs under a 24-7 sobriety program may be subject to the following:

(a) jail commitment of 8 hours for the first occurrence;

(b) jail commitment of 16 hours for the second occurrence;

(c) jail commitment of 24 hour for the third occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

(1) A person who fails to appear for a required test may be subject to the following:

(a) jail commitment of 12 hours for the first occurrence;

(b) jail commitment of 24 hours for the second occurrence;

(c) jail commitment of 48 hour for the third occurrence;

(d) appear before judge, may be removed from program for the fourth occurrence.

 

R714-510-9. Process for Piloting Alternate Components of the 24-7 Sobriety Program.

(1) The 24-7 Sobriety Program Committee may evaluate and pilot alternate components of the 24-7 sobriety program.

(2) Upon evaluation and determination of the committee that an alternate component of the 24-7 Sobriety Program is deemed effective, the committee may incorporate the alternate component into the 24-7 Sobriety Program.

 

KEY: 24-7 Sobriety Program, sobriety testing

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 41-6a-515.5

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