CDS 106 Case Management

1. CDS 106 Case Management DUI Requirements

2. Definition DUI: Driving under the influence of alcohol or other intoxicating substances. RCW 46.61.502 Impairment is determined by breath or blood tests. (BAC of .08 or more = impaired) PC: Physical Control of a motor vehicle while under the influence of alcohol or other intoxicating substances. RCW 46.61.504

3. Definitions Minors: DUI/PC if operating a motor vehicle with a BAC of .02 or greater. VA: Vehicular Assault RCW 46.61.522 Driving a vehicle in a reckless manner and causes substantial bodily harm to another. VH: Vehicular Homicide. RCW 46.61.520 When the death of any person ensues within three years as a result of injury caused by the driving of any vehicle by any person as a result of driving while under the influence or reckless disregard for others.

4. Arrested for DUI/PC Decided to plead guilty or not guilty YES NO DUI assessment DP assessment Reports to DOL Reports to court We send DUI/PC We complete D.P.outline to DOL per RCW 10.05 Report noncompliance Report noncompliance to court to DOL/P.O. and P.O.

5. DUI/PC Penalties See grid posted for convictions See grid for sentencing

6. DUI We report to DOL and court supervision (p.o.) Send assessment report to DOL within 5 working days. Sent treatment report to DOL within 5 working days of satisfactory completion of the first 60 days of treatment. This can reinstates driving privileges Send non-compliance reports to DOL as necessary.

7. Non-Compliance Emergent non-compliance Failure to maintain abstinence Reports of a subsequent aod related arrest Leaving treatment against program advice or for rule violation Report to DOL and p.o. within 3 working days

8. Non-compliance Non-emergent noncompliance Unexcused absences/failure to report Failure to make acceptable progress Report to DOL and p.o. within 10 days Outcomes DOL: driving privileges suspended or revoked P.O.: verbal warning to probation violation Counselor: New treatment plan addressing problems

9. Compliance Once the patient is compliant again with the terms of treatment, a compliance report is sent to DOL and p.o. within 5 working days May result in reinstatement of driving privileges

10. Conflicting Reports A person must get an evaluation for each DUI/PC charge If a person receives more than one evaluation for a charge and conflicting assessment reports are sent to DOL, DOL will consider the first report is receives as the valid report. If that report is in error, the 2 assessing counselors must reconcile this and report to DOL within 5 working days of the conclusion.

11. Treatment Completion Upon successful completion of treatment requirements the counselor must report the patient’s discharge from treatment to both DOL and p.o.

12. Alcohol Drug Information School(ADIS) Only appropriate for those with no diagnosis 9 hour education class Once completed, ADIS completion report is sent to DOL and p.o. Patient is discharged from treatment

13. DUI Assessments (WAC 388-805-310 (1) (f) (f) In addition, for persons who have been charged with a violation under RCW 46.61.502 or 46.61.504 RCW, ensure the assessment includes an evaluation in the written summary of the patient's:     (i) Blood or breath alcohol level and other drug levels or documentation of the patient's refusal at the time of the arrest, if available;     (ii) Self reported driving record and the abstract of the patient's legal driving record; and     (iii) If the initial finding is other than substance dependence, the assessment must also include:     (A) The police report or documentation of efforts to include this information;     (B) A court originated criminal case history or documentation of efforts to include this information; and     (C) The results of a urinalysis or drug testing obtained at the time of the assessment or documentation of efforts to include this information.

14. Deferred Prosecution RCW 10.05 Patient pleads not guilty to DUI charge Basic Information Purpose of D.P. is to provide treatment to the population at highest risk of reoffending D.P. opportunity is only once in a lifetime Patient must believe that they are in need of services “the petitioner shall allege under oath in the petition that the wrongful conduct charged is the result of or caused by alcoholism, drug addiction, or mental problems for which the person is in need of treatment and unless treated the probability of future recurrence is great…” RCW 10.05 (1)

15. D.P. Basics (cont’d) A person who does not believe they don’t have a problem or are innocent of the charge is not eligible for D.P. “He or she shall also be advised that the court will not accept a petition for deferred prosecution from a person who: (i) Sincerely believes that he or she is innocent of the charges; (ii) sincerely believes that he or she does not, in fact, suffer from alcoholism, drug addiction, or mental problems…” RCW 10.05 (3)

16. D.P. Process Attorney and patient petition court for Deferred Prosecution An Order for Referral is issued This allows us to do a D.P. eval Do NOT complete a D.P. eval without this order Once you have this order, complete a D.P. assessment to determine if patient is eligible for D.P.

17. D.P. Eligibility Criteria RCW 10.05.020 No previous D.P. completion or attempt Diagnosis and admission of chemical dependency Financial ability to pay for treatment High probability of re-offense if addiction is left untreated

18. Investigation RCW 10.05.040 The agency determines that: The petitioner suffers from chemical dependency Re-offense is likely if not treated Extensive treatment is required Petitioner is amenable to treatment

19. Commitment to Provide Treatment RCW 10.05.050 The treatment agency shall make a written report to the court stating it’s findings and recommendations, specifying: The type, nature and length of treatment A treatment time schedule Approximate cost of treatment A statement that this agency commits to provide such treatment for the petitioner Copies of this report must be given to petitioner, petitioners attorney and prosecutor, with the original to the court/judge.

20. Procedure upon approval  RCW 10.05.060 If the court approves the plan provided by the agency, and if the petitioner agrees to comply with the terms (including the cost) the deferred prosecution of the charge is ordered and entered on the petitioners docket. Court sends notice of acceptance of deferred to DOL. Petitioner is then issued a probationary license by DOL DOL will maintain this record for 10 years from date of order Judge can deny D.P. petition for any reason

21. Treatment requirements RCW 10.05.150 2 years of the following requirements: Total abstinence IIP/IOP as recommended A minimum of 2 self-help support groups/week for the duration of treatment At least weekly outpatient meetings for 6 months following intensive phase At least monthly outpatient meetings for duration of 2 years Prescription medication as determined by treatment facility and physician (disulfiram, naltrexone, etc.)

22. Non-compliance If a petitioner fails to fulfill any terms of the treatment plan (misses appointments, does not attend minimum of 2 support groups per week, fails/refuses UA, fails to install IID, no insurance, new charges, etc.) the treatment provider must immediately notify the court, the prosecutor, the petitioner and the petitioners attorney of record. The court will hold a hearing to determine if the petitioner should be continued on or removed from the deferred program. If removed from D.P., petitioner is immediately guilty of DUI and DOL is notified by the court

23. Completion of D.P. Proof must be sent to the court upon petitioners successful completion of treatment Charges will be dismissed by the court 3 years after receiving proof of completion of 2 year treatment program, assuming no new charges or other infractions.