Wyo. Code R. 015-0017-2
24/7 Sobriety Program
Chapter 2: Enrollment, Testing and Fees
Effective Date: 04/06/2015 to 07/25/2019
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0017.2.04062015
(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 twice-daily breath tests on a device designed to detect the presence of alcohol in the test subject’s breath.
(i) The device need not comply with the Wyoming Department of Health’s Rules and Regulations for Chemical Analysis for Alcohol Testing.
(ii) A participant who has been ordered to provide 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.
(a) Except as provided in (b) of this section, a participant ordered to submit to drug testing shall do so through urine testing. The frequency of the urine 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 testing because of one or more of the following:
(A) the participant lives in a rural area and submitting to urine 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 testing would be unduly burdensome; or
(C) the participant has violated the 24/7 Sobriety Program while submitting to urine testing and poses a substantial risk of future violation.
Section 4. Testing procedures.
(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.
Section 5. Testing fees.
(a) A participant submitting to 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 dollars ($40) for each drug patch provided.
Section 6. Enrollment fees.
The participant shall pay a fee of thirty dollars ($30) each time the participant is enrolled in the 24/7 Sobriety Program.
Section 7. Collection, distribution, and use of fees.
(a) A participant shall pay all fees directly to the participating entity.
(b) All fees are non-refundable.
(c) A participating entity shall remit all fees on the first of each month to the State Treasurer, through the Attorney General, to be credited to the 24/7 Sobriety Program account.
(d) Upon request by the Attorney General, the State Auditor shall distribute one dollar ($1) from the testing fees to a participating vendor.
(e) After paying the participating vendors, the remainder of the testing fee proceeds shall be divided in the following manner:
(i) Seventy-five percent (75%) shall be returned to the participating entity;
(ii) Twenty-five percent (25%) shall be retained by the State Treasurer in the 24/7 Sobriety Program account.
(f) All fee proceeds shall be used only for the purposes of administering the 24/7 Sobriety Program.