Text: HF02427 Text: HF02429 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.3, Code Supplement 1997, is 1 2 amended by adding the following new subsection: 1 3 NEW SUBSECTION. 4. Substance abuse agencies licensed 1 4 pursuant to chapter 125 shall coordinate the substance abuse 1 5 evaluation and treatment for convicted offenders assigned to 1 6 such evaluation and treatment under this chapter. 1 7 a. A locally licensed substance abuse agency shall be 1 8 designated as the initial contact for persons subject to a 1 9 court order to obtain substance abuse evaluation and treatment 1 10 in conjunction with a violation of this chapter, and the court 1 11 shall direct the offenders to such agency. 1 12 b. In addition to any necessary evaluation of the 1 13 offender, the agency shall provide information pertaining to 1 14 substance abuse classes offered in the area, including those 1 15 offered at community colleges pursuant to section 321J.22. 1 16 c. The agency shall monitor compliance of offenders 1 17 subject to an order of the court, and shall transmit treatment 1 18 and class completion information to the court and appropriate 1 19 agencies. 1 20 d. The division of substance abuse of the department of 1 21 public health may adopt rules pursuant to chapter 17A as 1 22 necessary to administer this subsection. 1 23 Sec. 2. Section 321J.22, Code Supplement 1997, is amended 1 24 to read as follows: 1 25 321J.22 DRINKING DRIVERS COURSE. 1 26 1. As used in this section, unless the context otherwise 1 27 requires: 1 28 a. "Course for drinking drivers" means an approved course 1 29 designed to inform the offender about drinking and driving and 1 30 encourage the offender to assess the offender's own drinking 1 31 and driving behavior in order to select practical 1 32 alternatives. 1 33 b. "Satisfactory completion of a course" means receiving 1 34 at the completion of a course a grade from the course 1 35 instructor of "C" or "2.0," or better. 2 1 2. The course provided according to this sectionshallmay 2 2 be offered on a regular basis at each community college as 2 3 defined in section 260C.2. 2 4 a. Enrollment in the courses is not limited to persons 2 5 ordered to enroll, attend, and successfully complete the 2 6 course required under sections 321J.2 and 321J.17, subsection 2 7 2. 2 8 b. The courserequired byprovided pursuant to this 2 9sectionsubsection shall be taught by the community colleges 2 10 under the department of education and approved by the 2 11 department, in coordination with the division of substance 2 12 abuse of the department of public health. 2 13 c. The department of education shall establish reasonable 2 14 fees to defray the expense of obtaining classroom space, 2 15 instructor salaries, and class materials. 2 16 3. The course provided according to this section may also 2 17 be offered by a substance abuse agency licensed pursuant to 2 18 chapter 125. 2 19 a. Enrollment in the course is not limited to persons 2 20 required to enroll, attend, and successfully complete a course 2 21 for drinking drivers pursuant to this chapter. 2 22 b. The course provided according to this subsection shall 2 23 be taught by qualified staff trained in a state-approved 2 24 curriculum. 2 25 c. The division of substance abuse of the department of 2 26 public health may establish reasonable fees to defray the 2 27 expenses associated with offering the class. 2 28 4. A person shall not be denied enrollment in a course by 2 29 reason of the person's indigency. 2 303.5. An employer shall not discharge a person from 2 31 employment solely for the reason of work absence to attend a 2 32 course required by this section. Any employer who violates 2 33 this section is liable for damages which include but are not 2 34 limited to actual damages, court costs, and reasonable 2 35 attorney fees. The person may also petition the court for 3 1 imposition of a cease and desist order against the person's 3 2 employer and for reinstatement to the person's previous 3 3 position of employment. 3 44.6. a. The department of education shall prepare a list 3 5 of the locations of the courses taught under this section, the 3 6 dates and times taught, the procedure for enrollment, and the 3 7 schedule of course fees. The list shall be kept current and a 3 8 copy of the list shall be sent toeach court having3 9jurisdiction over offenses provided in this chapterthe 3 10 division of substance abuse of the department of public health 3 11 for dissemination to substance abuse agencies licensed 3 12 pursuant to chapter 125. 3 135.b. The department of education shall maintain 3 14 enrollment, attendance, successful and nonsuccessful 3 15 completion data on the persons ordered to enroll, attend, and 3 16 successfully complete a course for drinking drivers. This 3 17 data shall be forwarded to the local substance abuse agency 3 18 responsible for coordinating the substance abuse treatment and 3 19 the court. 3 20 5. The division of substance abuse of the department of 3 21 public health shall monitor programs offered under this 3 22 section, shall evaluate and update such programs as necessary, 3 23 and shall arrange for training of instructors as necessary. 3 24 The department may adopt rules pursuant to chapter 17A 3 25 consistent with this section. 3 26 EXPLANATION 3 27 This bill provides that substance abuse agencies licensed 3 28 under Code chapter 125 will be the initial contact point for 3 29 persons subject to a court order regarding substance abuse 3 30 evaluation and treatment for an operating-while-intoxicated 3 31 (OWI) offense. Legislation passed in 1997 required such 3 32 assessment and treatment for all convicted OWI offenders, and 3 33 Code section 321J.3 provides that certain provisions of Code 3 34 chapter 125 apply to such treatment. This bill provides that 3 35 local agencies licensed under Code chapter 125 are responsible 4 1 for coordinating the assessment and treatment program of 4 2 convicted offenders, and shall report to the court and 4 3 necessary agencies on compliance and completion of courses and 4 4 other treatment by such offenders. 4 5 The bill also provides that such agencies may offer 4 6 drinking driver's courses regulated under Code section 4 7 321J.22, in addition to the community colleges that currently 4 8 provide such courses. The bill eliminates the requirement 4 9 that community colleges offer such courses, and makes such 4 10 offerings voluntary. Information related to such courses, 4 11 including completion data, is directed to be sent by the 4 12 department of education to the department of health, substance 4 13 abuse division, and the locally licensed substance abuse 4 14 agency responsible for coordinating the assessment and 4 15 treatment of the offenders. 4 16 The bill provides that the department of public health, 4 17 substance abuse division, shall monitor, evaluate, and update 4 18 programs offered pursuant to Code section 321J.22. The bill 4 19 authorizes the department to adopt rules as necessary to 4 20 administer the new provisions of Code sections 321J.3 and 4 21 321J.22. 4 22 LSB 4174YH 77 4 23 jls/sc/14
Text: HF02427 Text: HF02429 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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