GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 458
Committee Substitute Favorable 3/29/95

Short Title:  DWI-Assessment Enhancement/AB.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

March 9, 1995

A BILL TO BE ENTITLED
AN ACT TO IMPOSE CONDITIONS FOR THE RESTORATION OR CONTINUED ENJOYMENT OF A DRIVING PRIVILEGE AFTER A CONVICTION FOR DRIVING WHILE IMPAIRED OR DRIVING WHILE A PROVISIONAL LICENSEE AFTER CONSUMING DRUGS OR ALCOHOL, AND TO PROMOTE COMPLIANCE WITH THESE CONDITIONS.
The General Assembly of North Carolina enacts:
Section 1.  Article 2 of Chapter 20 of the General Statutes is amended by adding the following new sections to read:
"§ 20-17.6.  Restoration of a license after a conviction of driving while impaired or driving while a provisional licensee after consuming alcohol or drugs; effect of failure to comply.
(a)	Certificate of Completion Required. – When the Division receives an original certificate of completion for an individual who was convicted:
(1)	Under G.S. 20-138.1 of driving while impaired (DWI);
(2)	Under G.S. 20-138.2 of commercial DWI; or
(3)	Under G.S. 20-138.3 of driving while a provisional licensee after consuming alcohol or drugs,
it may take one of the following actions:
(1)	Restore the person's license, if one of the following applies:
a.	The person was convicted under G.S. 20-138.1 of DWI.
b.	The person was convicted under G.S. 20-138.2 of commercial DWI and the person's license was revoked under G.S. 20-17(2).
c.	The person was convicted under G.S. 20-138.3 of driving while a provisional licensee after consuming alcohol or drugs and one of the following applies:
1.	The person's license was revoked for at least one year.
2.	The person's license was revoked for less than one year, it has been at least one year since the person was convicted, and the person did not obtain a license after the revocation period ended.
(2)	End the person's period of disqualification, if the person was convicted under G.S. 20-138.2 of commercial DWI and the person's license was not revoked under G.S. 20-17(2).
(3)	Allow a person who was convicted under G.S. 20-138.3 of driving while a provisional licensee after consuming alcohol or drugs, and whose period of revocation was less than one year, to hold a license obtained by the person after the revocation period ended and before one year elapsed since the person was convicted.
(b)	When Certificate Is Issued. –  A certificate of completion shall be issued after a person has had a substance abuse assessment and has completed either an alcohol and drug education traffic (ADET) school or a substance abuse treatment program.
Completion of an ADET school is required if none of the following applies:
(1)	The person took a chemical test at the time of the offense, and the test revealed that the person had an alcohol concentration at any relevant time after driving of at least 0.15.
(2)	The person has a prior conviction of an offense involving impaired driving.
(3)	The substance abuse assessment identifies a substance abuse disability.
Completion of a substance abuse treatment program is required if any of the following applies:
(1)	The person took a chemical test at the time of the offense, and the test revealed that the person had an alcohol concentration at any relevant time after driving of at least 0.15.
(2)	The person has a prior conviction of an offense involving impaired driving.
(3)	The substance abuse assessment identifies a substance abuse disability.
(c)	Notice of Requirement. – When a court reports to the Division a conviction under G.S. 20-138.1 of DWI, under G.S. 20-138.2 of commercial DWI, or under G.S. 20-138.3 of driving while a provisional licensee after consuming alcohol or drugs, the Division shall notify the convicted person, in writing, of the requirements of this section and the consequences for failure to comply with them.  The notification shall include a statement that the convicted person may contact the local area mental health, developmental disabilities, and substance abuse program for a list of agencies and entities in his area that are authorized to make a substance abuse assessment and to provide education or treatment needed in obtaining a certificate of completion.
(d)	How to Obtain a Certificate. –  To begin the process of obtaining a certificate of completion, a person shall have a substance abuse assessment conducted by one of the entities authorized to do so by the Department of Human Resources. The procedure established in G.S. 122C-142.1 shall then be followed to obtain a certificate of completion.
(e)	Suspension for Failure to Obtain Certificate. – If the Division has not received the original certificate of completion from the Department of Human Resources within one year from the date of the conviction, the Division shall automatically suspend the person's drivers license until it receives the original certificate of completion. Any individual whose drivers license is suspended pursuant to this subsection shall not be eligible to drive under any limited driving privilege."
Sec. 2.  G.S. 20-179(m), 20-179(r)(2), and 20-179(t) are repealed.
Sec. 3.  G.S. 20-179(g) reads as rewritten:
"(g)	Level One Punishment. – A defendant subject to Level One punishment may be fined up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 14 days and a maximum term of not more than 24 months.  The term of imprisonment may be suspended only if a condition of special probation is imposed (i) to require the defendant to serve a term of imprisonment of at least 14 days, or (ii) to require the defendant to serve a term of imprisonment of at least four consecutive days and then be placed under house arrest for twice the length of time remaining in the minimum term prescribed in (i) above. If the defendant is placed on probation, the judge must, if required by G.S. 20-17.6(b), impose the conditions relating to assessment, treatment, and education described in that subsection. The judge may impose any other lawful condition of probation.  "
Sec. 4.  G.S. 20-179(h) reads as rewritten:
"(h)	Level Two Punishment. – A defendant subject to Level Two punishment may be fined up to one thousand dollars ($1,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months.  The term of imprisonment may be suspended only if a condition of special probation is imposed (i) to require the defendant to serve a term of imprisonment of at least seven days or, (ii) to require the defendant to serve a term of imprisonment of at least two consecutive days and then be placed under house arrest for twice the length of time remaining in the minimum term prescribed in (i) above. If the defendant is placed on probation, the judge must, if required by G.S. 20-17.6(b), impose the conditions relating to assessment, treatment, and education described in that subsection. The judge may impose any other lawful condition of probation.  "
Sec. 5.  G.S. 20-179(i) reads as rewritten:
"(i)	Level Three Punishment. – A defendant subject to Level Three punishment may be fined up to five hundred dollars ($500.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months.  The term of imprisonment shall be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of at least 72 hours as a condition of special probation; or
(2) 	Perform community service for a term of at least 72 hours; or
(3) 	Not operate a motor vehicle for a term of at least 90 days; or
(4) 	Any combination of these conditions.
The judge in his discretion may impose any other lawful condition of probation and, if required by G.S. 20-17.6(b) must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 6.  G.S. 20-179(j) reads as rewritten:
"(j)	Level Four Punishment. – A defendant subject to Level Four punishment may be fined up to two hundred fifty dollars ($250.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days.  The term of imprisonment shall be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of 48 hours as a condition of special probation; or
(2)	Perform community service for a term of 48 hours; or
(3) 	Not operate a motor vehicle for a term of 60 days; or
(4) 	Any combination of these conditions.
The judge in his discretion may impose any other lawful condition of probation and, if required by G.S. 20-17.6(b), must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 7.  G.S. 20-179(k) reads as rewritten:
"(k)	Level Five Punishment. – A defendant subject to Level Five punishment may be fined up to one hundred dollars ($100.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days.  The term of imprisonment shall be suspended, on the condition that the defendant:
(1) 	Be imprisoned for a term of 24 hours as a condition of special probation; or
(2) 	Perform community service for a term of 24 hours; or
(3) 	Not operate a motor vehicle for a term of 30 days; or
(4) 	Any combination of these conditions.
The judge may in his discretion impose any other lawful condition of probation and, if required by G.S. 20-17.6(b), must impose the conditions relating to assessment, treatment, and education described in that subsection. This subsection does not affect the right of a defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c)."
Sec. 8.  G.S. 20-179.2 is repealed.
Sec. 9.  G.S. 20-179.4(c) reads as rewritten:
"(c)	A fee of one hundred dollars ($100.00) shall be paid by all persons serving a community service sentence. That fee must be paid to the clerk of court in the county in which the person is convicted. The fee shall be paid in full within two weeks unless the court, upon a showing of hardship by the person, allows him additional time to pay the fee. The person may not be required to pay the fee before he begins the community service unless the court specifically orders that he do so. If the person is also ordered to attend an Alcohol and Drug Education Traffic School, the fee for supervision of community service punishment is fifty dollars ($50.00)."
Sec. 10.  Part 4 of Article 4 of Chapter 122C of the General Statutes is amended by adding a new section to read:
"§ 122C-142.1.  Substance abuse services for those convicted of driving while impaired or driving while a provisional licensee after consuming alcohol or drugs.
(a)	Services. – An area authority shall provide, directly or by contract, the substance abuse services needed by a person to obtain a certificate of completion required under G.S. 20-17.6 as a condition for the restoration or continued enjoyment of a drivers license.
A person may obtain the required services from an area facility, from a private facility that has complied with this subsection, or, with the approval of the Department, from an agency that is located in another state.  Before a private facility located in this State provides the substance abuse services needed by a person to obtain a certificate of completion, the facility shall notify both the designated area facility for the catchment area in which it is located and the Department of its intent to provide the services and shall agree to comply with the laws and rules concerning these services that apply to area facilities.
(b)	Assessments. – To conduct a substance abuse assessment, a facility shall give a client a standardized test approved by the Department to determine chemical dependency.  Before recommending that a client attend an alcohol and drug education traffic (ADET) school or obtain treatment, a facility shall conduct a clinical interview with the client.  A recommendation shall be reviewed and signed by a certified alcoholism, drug abuse, or substance abuse counselor, as defined by the Commission, a Certified Substance Abuse Counselor, or by a physician certified by the American Society of Addiction Medicine (ASAM).
(c)	ADET Schools and Treatment Programs. – An ADET school shall offer the curriculum established by the Commission and shall comply with the rules adopted by the Commission.  A substance abuse treatment program offered to a person who needs the program to obtain a certificate of completion shall comply with the rules adopted by the Commission.
(d)	Certificate of Completion. – Any facility that issues a certificate of completion shall forward the original certificate of completion to the Department. The Department shall review the certificate of completion for accuracy and completeness.  If the Department finds the certificate of completion to be accurate and complete, the Department shall forward it to the Division of Motor Vehicles of the Department of Transportation.  If the Department finds the certificate of completion is not accurate or complete, the Department shall return the certificate of completion to the area facility for appropriate action.
(e)	Fees. – A person who has a substance abuse assessment conducted for the purpose of obtaining a certificate of completion shall pay to the assessing agency a fee of fifty dollars ($50.00).  A person shall pay to a treatment facility or school a fee of seventy-five dollars ($75.00). If the defendant is treated by an area mental health facility, G.S. 122C-146 applies after receipt of the seventy-five dollar ($75.00) fee.
A facility that provides to a person who is required to obtain a certificate of completion a substance abuse assessment, an ADET school, or a substance abuse treatment program may require the person to pay a fee required by this subsection before it issues a certificate of completion.  As stated in G.S. 122C-146, however, an area facility may not deny a service to a person because the person is unable to pay.
An area facility shall remit to the Department five percent (5%) of each fee paid to the area facility under this subsection by a person who attends an ADET school conducted by the area facility.  The Department may use amounts remitted to it under this subsection only to support, evaluate, and administer ADET schools.
(f)	Out-of-State Services. – A person may obtain a substance abuse service needed to obtain a certificate of completion from a provider located in another state if the service offered by that provider is substantially similar to the service offered by a provider located in this State.  A person who obtains a service from a provider located in another state is responsible for paying any fees imposed by the provider.
(g)	Rules. – The Commission may adopt rules to implement this section.  In developing rules for determining when a person needs to be placed in a substance abuse treatment program, the Commission shall consider diagnostic criteria such as those contained in the most recent revision of the Diagnostic and Statistical Manual or used by the American Society of Addiction Medicine (ASAM)."
Sec. 11.  This act becomes effective January 1, 1996, and applies to offenses occurring on or after that date.