Wyo. Code R. 015-0017-2
24/7 Sobriety Program
Chapter 2: Enrollment, Testing and Fees
Effective Date: 07/15/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 015.0017.2.07152020
(a) A participating entity shall be provided with a copy of the order from a court or directive from the Board of Parole before enrolling a participant.
(b) A participant placed on the 24/7 Sobriety Program shall be enrolled by a representative of a participating entity as provided in the order or directive.
(c) The participating entity shall enter the participant's information into the reporting system provided by the participating vendor.
(d) The participant shall execute a participation agreement and provide written waivers to the participating entity to allow the release of program information for enforcement and reporting purposes. If the participant refuses to execute the agreement in full, the participant shall be denied participation in the program.
(e) The participating entity shall also provide the participant with information regarding any test ordered or directed, the applicable procedures, and the applicable fees.
(f) The participating entity shall not enroll a person in the 24/7 Sobriety Program if any fees were waived without the consent of the Attorney General.
(a) A participant who has been ordered or directed to submit to alcohol testing shall do so through in-person twice-daily breath tests on a device designed to detect the presence of alcohol in the test subject's breath. A participant who has been ordered to submit to in-person twice-daily breath tests shall report to the participating entity's testing location at the times determined by the participating entity, and not less than ten (10) hours and not more than fourteen (14) hours between each test.
(b) As an alternative to (a) of this section, a participant may be ordered to submit to monitoring on either a remote electronic alcohol monitoring device, or a remote breath testing device. This decision is solely within the discretion of the court or the Board of Parole. Factors to be considered in determining whether to use these devices shall include whether:
(i) a device is available;
(ii) the participant is capable of paying the fees and costs associated with the device;
(iii) the participant is capable of using the device; and
(iv) the participant does not qualify for in-person twice-daily breath tests because of one or more of the following:
(A) the participant lives in a rural area and submitting to in-person twice-daily breath tests would be unduly burdensome; or
(B) the participant’s employment requires job performance at a location remote from the testing location and submitting to in-person twice-daily breath tests would be unduly burdensome.
(c) For the purposes of this section, the devices need not comply with the Wyoming Department of Health’s Rules and Regulations for Chemical Analysis for Alcohol Testing.
(a) Except as provided in (b) of this section, a participant ordered to submit to drug testing shall do so through urine or saliva testing. The frequency of the urine or saliva testing shall be determined by the court or Board of Parole.
(b) As an alternative to (a) of this section, a participant may be ordered to use a drug patch designed to monitor the presence of a controlled substance. The use of this alternative is solely within the discretion of the court or Board of Parole. Factors to be considered in determining whether to use this device include whether:
(i) a patch is available;
(ii) the participant is capable of paying the fees and costs associated with the drug patch;
(iii) the participant is capable of wearing the drug patch; and
(iv) the participant does not qualify for urine or saliva testing because of one or more of the following:
(A) the participant lives in a rural area and submitting to urine or saliva testing would be unduly burdensome;
(B) the participant’s employment requires job performance at a location remote from the testing location and submitting to urine or saliva testing would be unduly burdensome; or
(C) the participant has violated the 24/7 Sobriety Program while submitting to urine or saliva testing and poses a substantial risk of future violation.
(a) A participating entity shall post hours of operation at the testing location.
(b) Prior to each test administered, the participating entity shall verify the participant’s identity.
(c) The participating entity shall maintain a daily sign in record and each participant shall print and sign their names prior to submitting to testing.
(d) The participant shall pay the required testing fee prior to submitting to testing.
(e) A participating entity shall contemporaneously record all participant testing results using the reporting and data management system provided by the participating vendor.
(f) If a test indicates the presence of alcohol or a controlled substance, or if the participant fails to appear for testing, the participating entity shall immediately notify law enforcement.
(a) A participant submitting to in-person twice-a-day breath testing shall pay a fee of two dollars ($2) for each test.
(b) A participant submitting to urine testing shall pay a fee of ten dollars ($10) for each test.
(c) A participant submitting to the use of a drug patch shall pay a fee of forty-five dollars ($45) for each drug patch provided.
(d) A participant submitting to saliva testing shall pay a fee of ten dollars ($10) for each test.
(e) A participant submitting to remote electronic alcohol monitoring shall pay a daily fee of four dollars ($4). In addition, the participant shall be responsible for paying the cost of obtaining the necessary remote electronic alcohol monitoring device directly to the vendor, as approved by the participating entity.
(f) A participant submitting to remote breath testing shall pay a daily fee of four dollars ($4). In addition, the participant shall be responsible for paying the cost of obtaining the necessary remote breath testing device directly to the vendor, as approved by the participating entity.
(a) The participant shall pay a fee of thirty dollars ($30) each time the participant is enrolled in the 24/7 Sobriety Program.
(b) A participant submitting to either remote electronic alcohol monitoring or remote breath testing shall, in addition to the enrollment fee, pay the cost of the activation and deactivation of the device in accordance with the vendor agreements. The total cost of the activation and deactivation of the device shall not exceed one hundred dollars ($100) and shall be due upon enrollment.