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 204-23 [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.

Section 4. Agencies providing Level II requirements Section 5. Driver Control Responsibilities Section 6. When a Level II is required Section 7. ADAD Responsibilities SECTION 1. AUTHORITY These rules are promulgated under the authority of § 42-2-144 CRS and § 42-1-204 CRS SECTION 2. DEFINITIONS:

“Department” means the Colorado Department of Revenue created in § 24-1-117(4)(a)(II) CRS “ADAD” means the Alcohol and Drug Abuse Division of the Colorado Department of Human Services created in § 24-1-120(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 § 42-4-1301(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. Code of Colorado Regulations 1 “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 § 42-4-1301 CRS, a report of conviction as provided in § 24-60-1101 CRS, a revocation pursuant to § 42-2-126 (2)(a)(I), (I.5), (I.7), (III), or (IV) CRS or a revocation pursuant to § 42-2-126 (2)(a)(II) CRS for refusal of chemical testing as required in § 42-4-1301(7) 18-3-106 or 18-3-205 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 § 42-1-102(68.5) CRS. SECTION 3. SCOPE OF THE ENROLLMENT AND REPORTING FOR DRIVERS REINSTATING THEIR DRIVING PRIVILEGE WITHOUT COMPLETION OF LEVEL II PROGRAM. 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. AGENCIES PROVIDING LEVEL II REQUIREMENTS 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 42-4-1301 (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).

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:

Driver Control will provide the Affidavit of Enrollment (DR2643) for use by the Level II providers. Code of Colorado Regulations 2 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:

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.

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:

Code of Colorado Regulations 3 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:

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 Code of Colorado Regulations 4