RULES GOVERNING ENROLLMENT IN ALCOHOL AND DRUG EDUCATION AND THERAPY TREATMENT, AND PENALTIES FOR NON-COMPLIANCE

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1 DEPARTMENT OF REVENUE Division of Motor Vehicles RULES GOVERNING ENROLLMENT IN ALCOHOL AND DRUG EDUCATION AND THERAPY TREATMENT, AND PENALTIES FOR NON-COMPLIANCE 1 CCR (Recodified as 1 CCR , Rule 12) [Editor s Notes follow the text of the rules at the end of this CCR Document.] Section 1. Authority Section 2. Definitions Section 3. Scope of the enrollment and reporting for drivers reinstating their driving privilege without completion of Level II program.when a Level II is required Section 4. Agencies providing Level II requirementsreinstatement of a driving prilvege prior to the completion of a Level II Program Section 5. Driver Control ResponsibilitiesAgencies delivering Level II Programs Section 6. When a Level II is requiredthe Department s responsibilities Section 7. ADAD ResponsibilitiesOffice of Behavioral Health s (OBH) responsbilities SECTION 1. AUTHORITY Basis, Purpose, and Statutory Authority: The statutory bases for this regulation are and , C.R.S. (2015).These rules are promulgated under the authority of CRS and CRS The purpose of this rule is to set for the types of documents that the Department will accept as proof that a driver has enrolled in or has completed a required Level II alcohol and drug treatment program. A Level II alcohol and drug treatment program is required by statute when a driver has specific alcohol and/or drug violations. The rule also outlines the responsibilities of the Department as well as the Office of Behavioral Health, and agencies delivering Level II Programs, with maintaining accurate records of both client and Level II Agency status. SECTION 2. DEFINITIONS 2.1 Affidavit of Enrollment means form DR 2643 provided by the Department or an approved electronic equivalent. 2.2 Alcohol or Drug violation means a conviction for a violation of , C.R.S. (2015), or a revocation pursuant to (4)(d)(II)(A), C.R.S. (2015), or as otherwise provided by law. 2.3 Department means the Colorado Department of Revenue created in , C.R.S. (2015).

2 2.4 Estimated date of completion means the latest date when the client is expected to have successfully completed all components of their assigned Level II Program as recorded on the Affidavit of Enrollment. 2.5 Level II Agency means an organization licensed by the Office of Behavioral Health within the Colorado Department of Human Services to provide Level II Programs. 2.6 Level II Program means a level II program as described in (3)(c)(IV), C.R.S. (2015). 2.7 OBH means the Office of Behavioral Health within the Colorado Department of Human Services created in (6)(d), C.R.S. (2015). 2.8 Quarterly Report means form DR 2678 provided by the Department or an approved electronic equivalent (see Section 5). 2.9 Treatment Management System (TMS) means the database utilized by Level II Agencies to electronically track and report client enrollment and status. ADAD means the Alcohol and Drug Abuse Division of the Colorado Department of Human Services created in (6)(d) CRS Affidavit of Enrollment means the DR2643 provided by the Department. Quarterly Report Form means the DR2678 provided by the Department. Level II program means level II program as defined in (10) with evidence of both education and long term treatment components. Level II agencies means those organizations licensed by the Alcohol and Drug Abuse Division of the Colorado Department of Human Services to provide Level II education and treatment services. Discharge and Referral Summary means the Discharge and Referral Summary document available only for use by those agencies licensed to provide Level II education and treatment services by the Alcohol and Drug Abuse Division of the Colorado Department of Human Services. Non-Compliance means the client has met criteria established by the level II agency indicating s/he is not in compliance with the terms of treatment and is discharged from the treatment program. Estimated date of completion, means the latest date when the client is expected to have successfully completed all components of the assigned level II program. Alcohol violation means a conviction for a violation of CRS, a report of conviction as provided in CRS, a revocation pursuant to (2)(a)(I), (I.5), (I.7), (III), or (IV) CRS or a revocation pursuant to (2)(a)(II) CRS for refusal of chemical testing as required in (7) or CRS. Last violation date means the latest date when an alcohol violation occurred as shown by the records of the Department. Persistent Drunk Driver means those drivers meeting the criteria set forth in (68.5) CRS. SECTION 3. WHEN A LEVEL II PROGRAM IS REQUIRED SECTION 3. SCOPE OF THE ENROLLMENT AND REPORTING FOR DRIVERS REINSTATING THEIR DRIVING PRIVILEGE WITHOUT COMPLETION OF LEVEL II PROGRAM. 3.1 The following persons must complete a Level II program:

3 3.1.1 A person whose license was revoked pursuant to , C.R.S. (2015), for a second or subsequent alcohol or drug related offense; A person determined to be in violation of , C.R.S. (2015), and whose BAC was 0.15 or more at the time of driving or within two hours after driving; or A person who refuses as defined by (1)(h), C.R.S. (2015), or whose driving record otherwise indicates the person is a persistent drunk driver as defined in (68.5), C.R.S. (2015). The department shall reinstate the driving privilege to any driver who has completed the time requirement on a restraint action and has not had sufficient time under restraint to complete a Level II drug and alcohol education and treatment program if required for reinstatement. The driver must provide proof of enrollment in a Level II alcohol program and must remain active in the program until its completion. SECTION 4. REINSTATEMENT OF DRIVING PRIVILEGE PRIOR TO COMPLETION OF LEVEL II PROGRAM.SECTION 4. AGENCIES PROVIDING LEVEL II REQUIREMENTS 4.1 The Department may reinstate the driving privilege of a person who is required to complete a Level II Program upon the person filing with the Department proof of enrollment in a Level II Program; except A person who has received a notice of cancellation and denial from the Department for failure to complete that Level II program may not reinstate their driving privilege until such time that they have completed a Level II Program in its entirety. 4.2 An application for reinstatement of a driving privilege after a license has been cancelled for failure to complete a Level II Program shall be accompanied by the following: An OBH DUI/DWAI Referral Summary indicating that the person started and completed a Level II Program after the date of the last alcohol and/or drug related violation of Title 42; and Payment of the reinstatement fee. The agency providing the Level II Alcohol and Drug Education and Treatment Program must by certified by the Division of Alcohol and Drug Abuse pursuant to section (10). The Affidavit of Enrollment (DR 2643) form must have the top section filled out by the Level II provider and the person-seeking enrollment in the Treatment Program. The bottom section is to be filled out and retained by the Level II provider. The affidavit of enrollment must include the following information to be accepted by Driver Control: Agency Name and ID number, track assigned, estimated date of completion, date of admission, and the signature of the authorized staff member. It will be the responsibility of the Level II provider to submit evidence of completion. If the end date of the Level II program changes, Driver Control must be notified of the new completion date. Driver Control will be using the end date of the program to determine if a pending cancel letter needs to be sent to the client. It will be the responsibility of the Level II provider to advise the client to re-apply as soon as possible and file a new affidavit of enrollment if the client is to change programs for any reason. Non-compliance with the terms of the treatment program must be reported to Driver Control within 5 days of occurrence (whenever client meets criteria).

4 It will be the responsibility of the Level II provider to provide Driver Control with quarterly reports filled out on the quarterly report provided by Driver Control. The quarterly report must include all names of clients who filled out an affidavit of enrollment and have not completed the Level II program. Once Driver Control is notified by ADAD that an agency has a change in the name, agency ID or licensing status of their program, the agency must notify Driver Control of all clients effected by this change to facilitate corrections / updates to the Departmental records. SECTION 5: DRIVER CONTROL RESPONSIBILITIES: SECTION 5. AGENCIES DELIVERING LEVEL II PROGRAMS 5.1 Agencies providing Level II Programs must be licensed by the Office of Behavioral Health pursuant to , C.R.S. (2015). 5.2 The Affidavit of Enrollment form (DR 2643) shall be fully completed by the agency and the person seeking enrollment and a copy is retained by the Level II Agency. The Department will not accept an incomplete Affidavit of Enrollment. 5.3 The Department may accept an approved electronic equivalent submitted through the Treatment Management System (TMS) by a Level II Agency. 5.4 Level II Agencies are responsible for submitting evidence of program completion to the Department. This should be submitted through TMS or a DUI/DWAI Referral Summary (OBH form). 5.5 If a client changes Level II Agencies for any reason, the new Level II agency shall require the client to complete a new Affidavit of Enrollment, and the new Level II Agency shall submit a notice of the enrollment through TMS to the Department. 5.6 A Level II Agency that discharges a client shall report the discharge to the Department within 10 business days of the event. 5.7 Level II Agencies shall utilize the TMS to provide updates to the Department on enrollments and client status, including discharges. The Quarterly Report requirement referenced in , C.R.S. (2015), is now supported by TMS, SECTION 5. AGENCIES DELIVERING LEVEL II PROGRAMS 5.1 Agencies providing Level II Programs must be licensed by the Office of Behavioral Health pursuant to , C.R.S. (2015). 5.2 The Affidavit of Enrollment form (DR 2643) shall be fully completed by the agency and the person seeking enrollment and a copy is retained by the Level II Agency. The Department will not accept an incomplete Affidavit of Enrollment. 5.3 The Department may accept an approved electronic equivalent submitted through the Treatment Management System (TMS) by a Level II Agency. 5.4 Level II Agencies are responsible for submitting evidence of program completion to the Department. This should be submitted through TMS or a DUI/DWAI Referral Summary (OBH form). 5.5 If a client changes Level II Agencies for any reason, the new Level II agency shall require the client to complete a new Affidavit of Enrollment, and the new Level II Agency shall submit a notice of the enrollment through TMS to the Department. 5.6 A Level II Agency that discharges a client shall report the discharge to the Department within 10 business days of the event.

5 5.7 Level II Agencies shall utilize the TMS to provide updates to the Department on enrollments and client status, including discharges. The Quarterly Report requirement referenced in , C.R.S. (2015), is now supported by TMS, which provides daily updates electronically to the Department. Driver Control will provide the Affidavit of Enrollment (DR2643) for use by the Level II providers. The Affidavit of Enrollment will be available to any driver in the state who demonstrates need. The form will be available by mail, fax, from a licensed Level II provider, and on the Department s web site. Driver Control will not mail or by facsimile provide an affidavit of enrollment to any other state. Only Level II providers certified by the Alcohol and Drug Abuse Division of the Colorado Department of Human Services will be eligible to file this document. Driver Control will use the records of the Department to determine if a Level II provider is acceptable. If the Department cannot verify the Level II provider, the affidavit of enrollment will not be accepted. Driver Control will only update or add a Level II provider if written verification from the Alcohol and Drug Abuse Division (ADAD) is received. SECTION 6: WHEN A LEVEL II IS REQUIRED: SECTION 6. THE DEPARTMENT S RESPONSIBILITIES 6.1 Affidavits of Enrollment (Department form DR 2643) are available at Level II Agencies and on the Department s website. 6.2 The Department will not accept an Affidavit of Enrollment submitted by a Level II Agency that is not licensed by OBH. 6.3 The Department will update or add Level II Agencies upon written or electronic notification from OBH. Requirement for a completed level II program will be by record and by review of documents provided by law enforcement related to an express consent or Per Se arrest. If those documents indicate multiple alcohol convictions, multiple alcohol arrests, continued driving under an active alcohol related restraint, or excessive BAC (.20 or higher) the level II requirement will be required. Those drivers with a single arrest indicating a BAC of.20 or more will have an opportunity at hearing to provide evidence of a second test proving a lower BAC. If this evidence is not presented at a hearing and the revocation is made active, the documents provided by the arresting officer will stand and the level II will be required for reinstatement. Those drivers will not be allowed to provide evidence of a lower BAC to Driver Control in lieu of the level II program when applying for reinstatement. If evidence of a lower BAC is provided at a hearing for a revocation and a level II education and treatment program is not required for reinstatement, the hearing officer will document the receipt of that evidence in the record and notify driver control. Adjustments in the action type will be made to eliminate the level II requirement. If no action is taken on any revocation because of a second test with BAC less than.10 (.08 after July 1, 2004) for an adult driver or.02 for a minor driver, Driver Control will need no notification, regardless of the type of action started. These should be documented in the normal manner. Any level II education and treatment must begin after the last alcohol related violation (violation date) to be accepted for reinstatement.

6 Level II education and treatment will be required for reinstatement of those restraints that identify a driver as a persistent drunk driver including : Revocations for two or more alcohol violations to include Per Se and Expressed Consent actions,.02 alcohol violations,.02 commercial restraints and alcohol related violations where a BAC at the time of driving or within two hours of driving is reported to the department as.20 or higher. Extension of alcohol related actions where the driver is convicted of driving under an alcohol related action, and the violation is not an alcohol related violation, and the original restraint did not require the completion of the level II education and treatment. Renewal of alcohol related actions where the driver is convicted of driving under an alcohol related action, and the violation is not an alcohol related violation, and reinstatement of the original restraint did not require the completion of the level II education and treatment. Level II education and treatment will be required for reinstatement of those restraints that identify a driver as a persistent drunk driver except when: The restraint is an extension of an alcohol related action, and the violation causing the extension was not an alcohol related violation, and the original restraint requires level II education and treatment for reinstatement. The restraint is a renewal of an alcohol related action, and the violation causing the renewal was not an alcohol related violation, and the original restraint required an approved level II program started after the last alcohol-related violation. Each application for reinstatement of a cancellation and denial for failure to complete an approved level II education and therapy program after filing an affidavit of enrollment shall be accompanied by the following: Current evidence that the driver is insured, A discharge and referral summary from a licensed level II education and therapy provider indicating the successful completion of any assigned track. Payment of a reinstatement fee. A person who receives a cancellation and denial for failure to complete an approved Level II education and therapy program and does not meet the requirements prior to the effective date of the cancel and deny, will not be able to reinstate their driving privilege by providing a new affidavit of enrollment but will have to complete the Level II education and therapy program. SECTION 7: ADAD RESPONSIBILITIES: SECTION 7. OBH S RESPONSIBILITIES 7.1 OBH will notify the Department about any Level II Agency that has changed name, address, agency ID, or about any change in license status. 7.2 OBH will provide the Department with any deletions of licensed Level II Agencies and include the effective date thereof. 7.3 If the Department does not receive timely quarterly reports, or electronic equivalents of Affidavits of Enrollments, from a Level II Agency, the following shall occur: The Department will notify OBH; and

7 7.3.2 OBH will contact the Level II Agency to identify the issue(s); and OBH will work directly with the Level II Agency to communicate and correct any identified issue(s) within an appropriate amount of time as determined by the Department. It will be the responsibility of ADAD to provide to Driver Control any change of name, agency ID number or address if the Level II provider is participating in the SB168 program. It will be the responsibility of ADAD to provide to Driver Control any additions or deletions of Level II providers participating in the SB168 program. The date added or deleted must be provided to Drive Control. If Driver Control does not receive timely quarterly reports or no quarterly reports from a Level II provider that has clients enrolled under the SB168 program, it will be the responsibility of ADAD to contact the agency and determine what the problem is and notify Driver Control within 15 days of notification by Driver Control. Editor s Notes History