S.F. _____ Section 1. STATEWIDE CHEMICAL SUBSTANCE ABUSE MONITORING 1 PILOT PROGRAM. 2 1. The department of public safety, in collaboration 3 with the governor’s traffic safety bureau, may approve an 4 application from a county for a countywide chemical substance 5 abuse monitoring pilot program that is available twenty-four 6 hours per day, seven days per week, in an effort to reduce the 7 number of crimes that have a nexus with chemical substance 8 abuse. 9 2. A chemical substance abuse monitoring pilot program 10 shall do all of the following: 11 a. Require a person who has been charged with, pled guilty 12 to, or been convicted of a crime that has a nexus with chemical 13 substance abuse to abstain from all chemical substances for 14 a period of time. However, this paragraph does not apply to 15 a person who has been charged with, pled guilty to, or been 16 convicted of a first offense of operating while intoxicated 17 in violation of section 321J.2 or 321J.2A where the person’s 18 alcohol concentration was lower than .15 and no accident 19 resulting in personal injury or property damage occurred. 20 b. Require the person to be subject to testing to determine 21 whether a chemical substance is present in the person’s body 22 in the following manner: 23 (1) At least twice per day at a central location where an 24 immediate sanction can be applied. 25 (2) Where testing under subparagraph (1) is impractical, by 26 continuous transdermal or electronic monitoring. 27 c. Apply sanctions when test results definitively, and 28 without presumption, indicate the presence of chemical 29 substances. 30 d. Require a person participating in the program to pay 31 program costs, including costs of installation, monitoring, and 32 deactivation of any testing devices. 33 3. A court in a county that has established a pilot program 34 pursuant to this section may order a defendant, as a condition 35 -1- LSB 5149XC (2) 86 ns/nh 1/ 3

S.F. _____ of pretrial release, probation, or bond, to participate in the 1 program. 2 4. An approved pilot program shall begin on October 1, 2016, 3 or upon the effective date of department rules, whichever is 4 earlier, and shall be conducted for a minimum of one year. 5 5. The department of public safety shall adopt rules 6 pursuant to chapter 17A to implement this section including 7 but not limited to provisions relating to applications for, 8 approval of, costs of, and oversight of the pilot programs and 9 reporting requirements for participating counties. 10 6. The department of public safety shall pursue federal 11 funding opportunities for the chemical substance abuse 12 monitoring pilot programs. Implementation of the programs 13 shall be contingent on the availability of funding. 14 7. The department of public safety shall submit a report on 15 the results of the pilot programs and make recommendations to 16 the general assembly by December 15, 2017. 17 8. For the purposes of this section, “chemical substance” 18 means alcohol, wine, spirits, and beer as defined in section 19 123.3 and controlled substances as defined in section 124.101. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill establishes a statewide chemical substance abuse 24 monitoring pilot program. The bill allows the department of 25 public safety, in collaboration with the governor’s traffic 26 safety bureau, to approve applications from counties for 27 countywide chemical substance abuse monitoring pilot programs. 28 The programs are to be available 24 hours per day, seven days 29 per week, in an effort to reduce the number of crimes that have 30 a nexus with chemical substance abuse. “Chemical substance” 31 includes alcohol, wine, spirits, beer, and controlled 32 substances as those terms are defined in the Code. 33 The programs shall require persons charged with or convicted 34 of a crime involving chemical substance abuse to abstain 35 -2- LSB 5149XC (2) 86 ns/nh 2/ 3

S.F. _____ from all chemical substances for a period of time. However, 1 persons with a first offense of operating while intoxicated 2 where the person’s alcohol concentration was lower than .15 and 3 no accident resulting in personal injury or property damage 4 occurred are excluded. The programs shall also require testing 5 to determine whether a chemical substance is present at least 6 twice per day at a central location where an immediate sanction 7 can be applied or, where such testing is impractical, by 8 continuous transdermal or electronic monitoring. The programs 9 shall apply sanctions when test results definitively indicate 10 the presence of a chemical substance. The programs shall 11 require participants to pay program costs. 12 A court in a county that has established a pilot program 13 may order a defendant, as a condition of pretrial release, 14 probation, or bond, to participate in the program. 15 Approved pilot programs shall begin October 1, 2016, or 16 upon the effective date of department rules, whichever is 17 earlier, and shall be conducted for a minimum of one year. The 18 department of public safety is to adopt rules to implement the 19 programs, including but not limited to provisions relating to 20 applications for, approval of, costs of, and oversight of the 21 pilot programs and reporting requirements for participating 22 counties. The department is also directed to pursue federal 23 funding opportunities for the programs. Implementation of the 24 programs shall be contingent on the availability of funding. 25 The department is directed to submit a report on the results 26 of the pilot programs and make recommendations to the general 27 assembly by December 15, 2017. 28 -3- LSB 5149XC (2) 86 ns/nh 3/ 3