H.F. 2428 Section 1. LEGISLATIVE FINDINGS —— PURPOSE. 1 1. The general assembly finds that operating a motor vehicle 2 in this state is a privilege, not a right. A person who wishes 3 to enjoy the benefits of this privilege shall accept the 4 corresponding responsibilities. 5 2. The general assembly declares that the purpose of this 6 Act is to do all of the following: 7 a. Protect the public health and welfare by reducing the 8 number of people on the highways of this state who operate a 9 motor vehicle under the influence of alcohol or a controlled 10 substance. 11 b. Protect the public health and welfare by reducing the 12 number of repeat offenders who commit crimes in which the abuse 13 of alcohol or a controlled substance is a contributing factor 14 in the commission of the crime. 15 c. Strengthen the pretrial and post-trial options available 16 to prosecutors and judges in responding to repeat offenders who 17 commit crimes in which the abuse of alcohol or a controlled 18 substance is a contributing factor in the commission of the 19 crime. 20 d. Assure the timely and sober participation of offenders 21 in judicial proceedings. 22 3. The general assembly declares that it is important to 23 have a centralized repository for all information related to 24 alcohol and controlled substance testing required by the laws 25 of this state or as a condition of bond, sentence, probation, 26 parole, or a work permit. 27 Sec. 2. Section 321J.4, subsections 2 and 4, Code 2016, are 28 amended to read as follows: 29 2. If a defendant is convicted of a violation of section 30 321J.2 , and the defendant’s driver’s license or nonresident 31 operating privilege has not already been revoked under section 32 321J.9 or 321J.12 for the occurrence from which the arrest 33 arose, the department shall revoke the defendant’s driver’s 34 license or nonresident operating privilege for one year if the 35 -1- LSB 6005HV (1) 86 ns/nh 1/ 18

H.F. 2428 defendant submitted to chemical testing and has had a previous 1 conviction or revocation under this chapter and shall revoke 2 the defendant’s driver’s license or nonresident operating 3 privilege for two years if the defendant refused to submit to 4 chemical testing and has had a previous revocation under this 5 chapter . The defendant shall not be eligible for any temporary 6 restricted license for forty-five days after the effective date 7 of revocation if the defendant submitted to chemical testing 8 and shall not be eligible for any temporary restricted license 9 for ninety days after the effective date of revocation if the 10 defendant refused chemical testing. The temporary restricted 11 license shall be issued in accordance with section 321J.20, 12 subsection 2 . The department shall require the defendant to 13 install an ignition interlock device of a type approved by 14 the commissioner of public safety on all vehicles owned or 15 operated by the defendant , or require that the defendant be 16 a participant in and in compliance with a sobriety and drug 17 monitoring program established pursuant to chapter 901D, if 18 the defendant seeks a temporary restricted license at the 19 end of the minimum period of ineligibility. A temporary 20 restricted license shall not be granted by the department until 21 the defendant installs the ignition interlock device or is a 22 participant in a program established pursuant to chapter 901D . 23 4. Upon a plea or verdict of guilty of a third or subsequent 24 violation of section 321J.2 , the department shall revoke the 25 defendant’s driver’s license or nonresident operating privilege 26 for a period of six years. The defendant shall not be eligible 27 for a temporary restricted license for one year after the 28 effective date of the revocation. The department shall require 29 the defendant to install an ignition interlock device of a type 30 approved by the commissioner of public safety on all vehicles 31 owned or operated by the defendant , or require that the 32 defendant be a participant in and in compliance with a sobriety 33 and drug monitoring program established pursuant to chapter 34 901D, if the defendant seeks a temporary restricted license at 35 -2- LSB 6005HV (1) 86 ns/nh 2/ 18

H.F. 2428 the end of the minimum period of ineligibility. A temporary 1 restricted license shall not be granted by the department until 2 the defendant installs the ignition interlock device or is a 3 participant in a program established pursuant to chapter 901D . 4 Sec. 3. Section 321J.9, subsection 2, paragraph b, Code 5 2016, is amended to read as follows: 6 b. The department shall require the defendant to install 7 an ignition interlock device of a type approved by the 8 commissioner of public safety on all vehicles owned or operated 9 by the defendant , or if the defendant’s driver’s license or 10 nonresident driving privilege has been revoked under subsection 11 1, paragraph “b” , require that the defendant be a participant in 12 and in compliance with a sobriety and drug monitoring program 13 established pursuant to chapter 901D, if the defendant seeks a 14 temporary restricted license at the end of the minimum period 15 of ineligibility. A temporary restricted license shall not 16 be granted by the department until the defendant installs the 17 ignition interlock device or is a participant in a program 18 established pursuant to chapter 901D . 19 Sec. 4. Section 321J.12, subsection 2, paragraph d, Code 20 2016, is amended to read as follows: 21 d. A person whose license or privileges have been revoked 22 under subsection 1 , paragraph “b” , for one year shall not be 23 eligible for any temporary restricted license for forty-five 24 days after the effective date of the revocation, and the 25 department shall require the person to install an ignition 26 interlock device of a type approved by the commissioner 27 of public safety on all vehicles owned or operated by the 28 defendant , or require that the person be a participant in and 29 in compliance with a sobriety and drug monitoring program 30 established pursuant to chapter 901D, if the defendant seeks a 31 temporary restricted license at the end of the minimum period 32 of ineligibility. The temporary restricted license shall 33 be issued in accordance with section 321J.20, subsection 2 . 34 A temporary restricted license shall not be granted by the 35 -3- LSB 6005HV (1) 86 ns/nh 3/ 18

H.F. 2428 department until the defendant installs the ignition interlock 1 device or is a participant in a program established pursuant to 2 chapter 901D . 3 Sec. 5. Section 321J.17, subsections 1 and 3, Code 2016, are 4 amended to read as follows: 5 1. If the department revokes a person’s driver’s license 6 or nonresident operating privilege under this chapter , the 7 department shall assess the person a civil penalty of two 8 hundred dollars. The money collected by the department under 9 this section shall be transmitted to the treasurer of state 10 who shall deposit one-half of the money in the separate fund 11 established in section 915.94 and one-half of the money in the 12 general fund of the state. A temporary restricted license 13 shall not be issued unless an ignition interlock device has 14 been installed or the person is a participant in a sobriety and 15 drug monitoring program pursuant to section 321J.4 . Except as 16 provided in section 321.210B , a temporary restricted license 17 shall not be issued or a driver’s license or nonresident 18 operating privilege reinstated until the civil penalty has been 19 paid. A person assessed a penalty under this section may remit 20 the civil penalty along with a processing fee of five dollars 21 to a county treasurer authorized to issue driver’s licenses 22 under chapter 321M , or the civil penalty may be paid directly 23 to the department. 24 3. The department shall also require certification of 25 installation of an ignition interlock device of a type approved 26 by the commissioner of public safety on all motor vehicles 27 owned or operated by any person seeking reinstatement following 28 a second or subsequent revocation under section 321J.4 , 321J.9 , 29 or 321J.12 , or require that the person be a participant in 30 and in compliance with a sobriety and drug monitoring program 31 established pursuant to chapter 901D . The requirement for 32 the installation of an approved ignition interlock device or 33 participation in a program established pursuant to chapter 901D 34 shall be for one year from the date of reinstatement unless 35 -4- LSB 6005HV (1) 86 ns/nh 4/ 18

H.F. 2428 a longer time period is required by statute. The one-year 1 period a person is required to maintain an ignition interlock 2 device or participate in a program established pursuant to 3 chapter 901D under this subsection shall be reduced by any 4 period of time the person held a valid temporary restricted 5 license during the period of the revocation for the occurrence 6 from which the arrest arose. The person shall not operate any 7 motor vehicle which is not equipped with an approved ignition 8 interlock device during the period in which an ignition 9 interlock device must be maintained, and the department 10 shall not grant reinstatement unless the person certifies 11 installation of an ignition interlock device as required in 12 this subsection , except when the person is participating in a 13 program established pursuant to chapter 901D . 14 Sec. 6. Section 321J.20, subsection 1, paragraph d, Code 15 2016, is amended to read as follows: 16 d. Following the applicable minimum period of ineligibility, 17 a temporary restricted license under this subsection shall not 18 be issued until the applicant installs an ignition interlock 19 device of a type approved by the commissioner of public safety 20 on all motor vehicles owned or operated by the applicant , or 21 until the applicant is a participant in and in compliance with 22 a sobriety and drug monitoring program established pursuant 23 to chapter 901D, in accordance with section 321J.2 , 321J.4 , 24 321J.9 , or 321J.12 . Installation of an ignition interlock 25 device under this subsection or participation in a program 26 established pursuant to chapter 901D shall be required for 27 the period of time for which the temporary restricted license 28 is issued and for such additional period of time following 29 reinstatement as is required under section 321J.17, subsection 30 3 . 31 Sec. 7. Section 321J.20, subsection 2, paragraph b, Code 32 2016, is amended to read as follows: 33 b. A temporary restricted license issued under this 34 subsection shall not be issued until the applicant installs 35 -5- LSB 6005HV (1) 86 ns/nh 5/ 18

H.F. 2428 an approved ignition interlock device on all motor vehicles 1 owned or operated by the applicant , or until the applicant 2 is a participant in and in compliance with a sobriety and 3 drug monitoring program established pursuant to chapter 4 901D . Installation of an ignition interlock device under 5 this subsection shall be required for the period of time for 6 which the temporary restricted license is issued, and for 7 such additional period of time following reinstatement as is 8 required under section 321J.17, subsection 3 , unless the person 9 is participating in a program established pursuant to chapter 10 901D . However, a person whose driver’s license or nonresident 11 operating privilege has been revoked under section 321J.21 may 12 apply to the department for a temporary restricted license 13 without the requirement of an ignition interlock device or 14 participation in a program established pursuant to chapter 901D 15 if at least twelve years have elapsed since the end of the 16 underlying revocation period for a violation of section 321J.2 . 17 Sec. 8. NEW SECTION . 901D.1 Short title. 18 This chapter shall be known and may be cited as the “Iowa 19 Sobriety and Drug Monitoring Program Act” . 20 Sec. 9. NEW SECTION . 901D.2 Definitions. 21 As used in this chapter, unless the context otherwise 22 requires: 23 1. “Alcohol” means an alcoholic beverage as defined in 24 section 321J.1. 25 2. “Controlled substance” means as defined in section 26 124.101. 27 3. “Department” means the department of public safety. 28 4. “Immediate sanction” means a sanction that is applied 29 within minutes of a failed test result. 30 5. “Law enforcement agency” means a law enforcement agency 31 charged with enforcement of the program created under this 32 chapter. 33 6. “Participating jurisdiction” means a county or other 34 governmental entity that chooses to participate in the program 35 -6- LSB 6005HV (1) 86 ns/nh 6/ 18

H.F. 2428 created under this chapter. 1 7. “Sobriety and drug monitoring program” or “program” means 2 the program established pursuant to section 901D.3. 3 8. “Testing” means a procedure or set of procedures 4 performed to determine the presence of alcohol or a controlled 5 substance in a person’s breath or bodily fluid, including 6 blood, urine, saliva, and perspiration, and includes any 7 combination of breath testing, drug patch testing, urine 8 analysis testing, saliva testing, and continuous or transdermal 9 alcohol monitoring. Subject to section 901D.3, the department 10 may approve additional testing methodologies or the testing of 11 alternative bodily fluids. 12 9. “Timely sanction” means a sanction that is applied within 13 hours or days after a failed test result. A timely sanction 14 shall be applied as soon as possible, but the period between 15 the failed test result and the application of the timely 16 sanction shall not exceed five days. 17 Sec. 10. NEW SECTION . 901D.3 Program created. 18 1. The department of public safety shall establish a 19 statewide sobriety and drug monitoring program to be used 20 by participating jurisdictions, which shall be available 21 twenty-four hours per day, seven days per week. Pursuant to 22 the provisions of this chapter, a court or governmental entity, 23 or an authorized officer thereof, within a participating 24 jurisdiction may, as a condition of bond, sentence, probation, 25 parole, or a work permit, do all of the following: 26 a. Require a person who has been charged with, pled guilty 27 to, or been convicted of a crime in which the abuse of alcohol 28 or a controlled substance was a contributing factor in the 29 commission of the crime, including but not limited to a 30 second or subsequent offense of operating while intoxicated in 31 violation of section 321J.2 or 321J.2A, to abstain from alcohol 32 and controlled substances for a period of time. 33 b. Require the person to be subject to testing to determine 34 whether alcohol or a controlled substance is present in the 35 -7- LSB 6005HV (1) 86 ns/nh 7/ 18

H.F. 2428 person’s body in the following manner: 1 (1) At least twice per day at a central location where an 2 immediate sanction can be effectively applied. 3 (2) Where testing under subparagraph (1) creates a 4 documented hardship or is geographically impractical, by an 5 alternative method approved by the department and consistent 6 with this section where a timely sanction can be effectively 7 applied. 8 2. The program shall be evidence-based and shall satisfy at 9 least two of the following requirements: 10 a. The program is included in the United States substance 11 abuse and mental health services administration’s national 12 registry of evidence-based programs and practices. 13 b. The program has been reported in a peer-reviewed journal 14 as having positive effects on the primary targeted outcome. 15 c. The program has been documented as effective by informed 16 experts and other sources. 17 3. a. The core components of the program shall include 18 the use of a primary testing methodology for determining the 19 presence of alcohol or a controlled substance in a person that 20 best facilitates the ability of a law enforcement agency to 21 apply immediate sanctions for failed test results and that is 22 available at an affordable cost. 23 b. In cases of documented hardship or geographic 24 impracticality, or in cases where a program participant 25 has received less stringent testing requirements, testing 26 methodologies that best facilitate the ability of a law 27 enforcement agency to apply timely sanctions for noncompliant 28 test results may be utilized. For purposes of this section, 29 hardship or geographic impracticality shall be determined by 30 documentation and consideration of the following factors: 31 (1) Whether a testing device is available. 32 (2) Whether the participant is capable of paying the fees 33 and costs associated with the testing device. 34 (3) Whether the participant is capable of wearing the 35 -8- LSB 6005HV (1) 86 ns/nh 8/ 18

H.F. 2428 testing device. 1 (4) Whether the participant fails to qualify for testing 2 twice per day because of one or more of the following: 3 (a) The participant lives in a rural area and submitting to 4 testing twice per day would be unduly burdensome. 5 (b) The participant’s employment requires the participant’s 6 presence at a location remote from the testing location and 7 submitting to testing twice per day would be unduly burdensome. 8 (c) The participant has repeatedly violated the 9 requirements of the program while submitting to testing twice 10 per day and poses a substantial risk of continuing to violate 11 the requirements of the program. 12 4. If a jurisdiction chooses to participate in the program, 13 the department shall assist the jurisdiction in setting up and 14 administering the program in that jurisdiction in compliance 15 with this chapter. 16 5. a. If a jurisdiction participates in the program, the 17 participating jurisdiction or a law enforcement agency of the 18 participating jurisdiction may designate a third party to 19 provide testing services or to take any other action required 20 or authorized to be provided by the participating jurisdiction 21 or law enforcement agency under this chapter, except a 22 third-party designee shall not determine whether to participate 23 in the program. 24 b. The participating jurisdiction, in consultation with the 25 law enforcement agency of the participating jurisdiction, shall 26 establish testing locations for the program. 27 6. Any efforts by the department to alter or modify a core 28 component of the program shall include a documented strategy 29 for achieving and measuring the effectiveness of the planned 30 alteration or modification. Before the department alters or 31 modifies a core component of the program, a pilot program 32 with defined objectives and timelines shall be initiated, and 33 measurements of the effectiveness and impact of the proposed 34 alteration or modification to a core component shall be 35 -9- LSB 6005HV (1) 86 ns/nh 9/ 18

H.F. 2428 monitored. The data shall be assessed and the department 1 shall make a determination as to whether the stated goals of 2 the alteration or modification were achieved and whether the 3 alteration or modification should be formally implemented into 4 the program. 5 Sec. 11. NEW SECTION . 901D.4 Rulemaking —— fees. 6 The department may adopt rules pursuant to chapter 17A to 7 administer this chapter, including but not limited to rules 8 regarding any of the following: 9 1. Providing for the nature and manner of testing, including 10 the procedures and apparatus to be used for testing. 11 2. Establishing reasonable participant, enrollment, and 12 testing fees for the program, including fees to pay the costs 13 of installation, monitoring, and deactivation of any testing 14 device. The fees shall be set at an amount such that the fees 15 collected in a participating jurisdiction are sufficient to pay 16 for the costs of the program in the participating jurisdiction, 17 including all costs to the state associated with the program in 18 the participating jurisdiction. 19 3. Providing for the application, acceptance, and use of 20 public and private grants, gifts, and donations to support 21 program activities. 22 4. Establishing a process for the identification and 23 management of indigent participants. 24 5. Providing for the creation and administration of a 25 stakeholder group to review and recommend changes to the 26 program. 27 Sec. 12. NEW SECTION . 901D.5 Data management system. 28 1. The department shall provide for and approve the use 29 of a program data management system that shall be used by 30 the department and all participating jurisdictions to manage 31 testing, test events, test results, data access, fees, the 32 collection of fee payments, and the submission and collection 33 of any required reports. 34 2. The data management system shall include but is not 35 -10- LSB 6005HV (1) 86 ns/nh 10/ 18

H.F. 2428 limited to all of the following features: 1 a. A secure, remotely hosted, demonstrated, internet-based 2 management application that allows multiple concurrent users to 3 access and input information. 4 b. The support of breath testing, continuous remote 5 transdermal alcohol monitoring, drug patch testing, and urine 6 analysis testing. 7 c. The capability to track and store events including 8 but not limited to participant enrollment, testing activity, 9 accounting activity, and participating law enforcement agency 10 activity. 11 d. The capability to generate reports of system fields and 12 data. The data management system shall allow reports to be 13 generated as needed and on a scheduled basis, and shall allow 14 reports to be exported over a network connection or by remote 15 printing. 16 e. The ability to identify program participants who have 17 previously been enrolled in a similar program in this state or 18 another state. 19 3. Unless otherwise required by federal law, all alcohol or 20 controlled substance testing performed as a condition of bond, 21 sentence, probation, parole, or a work permit shall utilize and 22 input results to the data management system. 23 4. The data management system shall contain sufficient 24 security protocols to protect participants’ personal 25 information from unauthorized use. 26 Sec. 13. NEW SECTION . 901D.6 Authority to order program 27 participation. 28 1. A court or governmental entity, or an authorized officer 29 thereof, in a participating jurisdiction may utilize the 30 program as provided in this section. The program shall be a 31 preferred program for offenders charged with or convicted of a 32 second or subsequent offense of operating while intoxicated in 33 violation of section 321J.2 or 321J.2A, or a crime in which the 34 abuse of alcohol or a controlled substance was a contributing 35 -11- LSB 6005HV (1) 86 ns/nh 11/ 18

H.F. 2428 factor in the commission of the crime. 1 2. If a person convicted of a second or subsequent offense 2 of operating while intoxicated has been required to participate 3 in the program, has financial liability coverage pursuant 4 to section 321.20B, and the minimum period of ineligibility 5 for issuance of a temporary restricted license has expired 6 pursuant to chapter 321J, the court may notify the department 7 of transportation that, as a participant in the program, the 8 person is eligible for a temporary restricted license pursuant 9 to section 321J.20. 10 3. A court may condition any bond or pretrial release 11 otherwise authorized by law for a person charged with a second 12 or subsequent offense of operating while intoxicated, or 13 with any crime in which the abuse of alcohol or a controlled 14 substance was a contributing factor in the commission of the 15 crime, upon participation in the program and payment of the 16 fees established pursuant to section 901D.4. 17 4. A court may condition the granting of a suspended 18 sentence or probation otherwise authorized by law for a person 19 convicted of a second or subsequent offense of operating 20 while intoxicated, or any crime in which the abuse of alcohol 21 or a controlled substance was a contributing factor in the 22 commission of the crime, upon participation in the program and 23 payment of the fees established pursuant to section 901D.4. 24 5. The board of parole, the department of corrections, or 25 a parole officer may condition parole otherwise authorized by 26 law for a person convicted of a second or subsequent offense of 27 operating while intoxicated, or any crime in which the abuse of 28 alcohol or a controlled substance was a contributing factor in 29 the commission of the crime, upon participation in the program 30 and payment of the fees established pursuant to section 901D.4. 31 Sec. 14. NEW SECTION . 901D.7 Placement and enrollment. 32 1. Subject to section 901D.6, a participant may be placed in 33 the program as a condition of bond, pretrial release, sentence, 34 probation, or parole. 35 -12- LSB 6005HV (1) 86 ns/nh 12/ 18

H.F. 2428 2. An order or directive placing a participant in the 1 program shall include the type of testing required to be 2 administered in the program and the length of time that the 3 participant is required to remain in the program. The person 4 issuing the order or directive shall send a copy of the order 5 or directive to the law enforcement agency of the participating 6 jurisdiction. 7 3. Upon receipt of a copy of an order or directive, 8 a representative of the law enforcement agency of the 9 participating jurisdiction shall enroll a participant in the 10 program prior to testing. 11 4. At the time of enrollment, a representative of the law 12 enforcement agency of the participating jurisdiction shall 13 enter the participant’s information into the data management 14 system described in section 901D.5. The representative of 15 the agency shall provide the participant with the appropriate 16 materials required by the program, inform the participant that 17 the participant’s information may be shared for law enforcement 18 and reporting purposes, and provide the participant with 19 information related to the required testing, procedures, and 20 fees. 21 5. The participant shall sign a form stating that the 22 participant understands the program requirements and releases 23 the participant’s information for law enforcement and reporting 24 purposes. 25 6. A participant shall report to the program for testing for 26 the length of time ordered by the court, the board of parole, 27 the department of corrections, or a parole officer. 28 Sec. 15. NEW SECTION . 901D.8 Collection, distribution, and 29 use of fees. 30 1. The law enforcement agency of a participating 31 jurisdiction shall do all of the following: 32 a. Establish and maintain a sobriety program account. 33 b. Collect the participant, enrollment, and testing fees 34 established pursuant to section 901D.4 and deposit the fees 35 -13- LSB 6005HV (1) 86 ns/nh 13/ 18

H.F. 2428 and any other funds received for the program into the sobriety 1 program account for administration of the program. 2 2. A participant shall pay all fees directly to the law 3 enforcement agency of the participating jurisdiction. 4 3. a. The law enforcement agency shall distribute a 5 portion of the fees to any participating third-party designee 6 in accordance with the agreement between the agency and the 7 third-party designee. 8 b. The remainder of the fees collected shall be deposited in 9 the sobriety program account, and shall be used only for the 10 purposes of administering and operating the program. 11 Sec. 16. NEW SECTION . 901D.9 Noncompliance. 12 1. Upon the failure of a participant to submit to or pass a 13 test under the program, a peace officer, probation officer, or 14 parole officer shall complete a written statement establishing 15 that the participant, in the judgment of the officer, violated 16 a condition of release or a condition of the program by failing 17 to submit to or pass a test. A peace officer shall immediately 18 arrest the person without a warrant after completing or 19 receiving the written statement. 20 2. A person taken into custody pursuant to this section 21 shall appear before a court within a reasonable amount of time 22 and shall not be released unless the person has made a personal 23 appearance before a court. 24 3. The court may notify the department of transportation 25 of the person’s noncompliance and direct the department 26 to withdraw any temporary restricted license issued to the 27 person and reinstate the remainder of any applicable license 28 suspension or revocation period provided by chapter 321J. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill directs the department of public safety (DPS) to 33 establish a statewide sobriety and drug monitoring program that 34 is available 24 hours per day, seven days per week. Under 35 -14- LSB 6005HV (1) 86 ns/nh 14/ 18

H.F. 2428 the program, a court or governmental entity, as a condition 1 of bond, sentence, probation, parole, or a work permit, may 2 require a person who has been charged with, pled guilty to, 3 or been convicted of a crime in which the abuse of alcohol or 4 a controlled substance was a contributing factor, including a 5 second or subsequent offense of operating while intoxicated 6 (OWI), to abstain from alcohol and controlled substances for 7 a period of time. 8 The program requires a person to be subject to testing to 9 determine whether alcohol or a controlled substance is present 10 in the person’s body at least twice per day at a central 11 location where an immediate sanction can be applied. Where 12 such testing creates a documented hardship or is geographically 13 impractical, an alternative method approved by DPS may be used. 14 Hardship or geographic impracticality is determined by 15 documentation and consideration of whether a testing device is 16 available, whether the participant is capable of paying the 17 fees and costs associated with the testing device, whether 18 the participant is capable of wearing the testing device, and 19 whether the participant fails to qualify for testing twice 20 per day because the participant lives in a rural area, the 21 participant’s employment requires the participant’s presence at 22 a location remote from the testing location, or the participant 23 has repeatedly violated the requirements of the program. 24 The bill requires the program to be evidence-based. 25 If a jurisdiction chooses to participate in the program, DPS 26 shall assist the jurisdiction in setting up and administering 27 the program. The participating jurisdiction shall establish 28 testing locations and may designate a third party to provide 29 testing services. 30 Any efforts by DPS to alter or modify the core components 31 of the program are required to include a documented strategy 32 for achieving and measuring the effectiveness of the planned 33 alteration or modification. Before the core components of the 34 program can be altered or modified, a pilot program must be 35 -15- LSB 6005HV (1) 86 ns/nh 15/ 18

H.F. 2428 initiated and monitored. 1 The bill allows DPS to adopt rules providing for the nature 2 and manner of testing, establishing reasonable fees, providing 3 for the application, acceptance, and use of public and private 4 grants, gifts, and donations, establishing a process for the 5 identification and management of indigent participants, and 6 providing for the creation and administration of a stakeholder 7 group to review and recommend changes to the program. 8 The bill requires the amount of the fees to be set at 9 an amount such that the fees collected in a participating 10 jurisdiction are sufficient to pay for the costs of the program 11 in the participating jurisdiction, including all costs to the 12 state. 13 The bill further requires DPS to provide for and approve 14 the use of a program data management system to be used by DPS 15 and all participating jurisdictions to manage testing, test 16 events, test results, data access, fees, the collection of fee 17 payments, and the submission and collection of any required 18 reports. The bill provides for certain required features of 19 the data management system. 20 A court or a governmental entity in a participating 21 jurisdiction may utilize the program. A court may condition 22 any bond or pretrial release otherwise authorized by law for 23 a person charged with a second or subsequent offense of OWI, 24 or with any crime in which the abuse of alcohol or a controlled 25 substance was a contributing factor, upon participation in the 26 program and payment of the required fees. A court may also 27 condition the granting of a suspended sentence or probation 28 otherwise authorized by law for a person convicted of such a 29 crime upon participation in the program and payment of the 30 required fees. 31 Likewise, the board of parole, the department of 32 corrections, or a parole officer may condition parole otherwise 33 authorized by law for a person convicted of such a crime upon 34 participation in the program and payment of the required fees. 35 -16- LSB 6005HV (1) 86 ns/nh 16/ 18

H.F. 2428 The bill requires an order or directive placing a 1 participant in the program to include the type of testing 2 required to be administered and the length of time that the 3 participant is required to remain in the program. At the 4 time of enrollment, a representative of the law enforcement 5 agency of a participating jurisdiction shall enter the 6 participant’s information into the data management system. The 7 representative of the agency shall provide the participant with 8 the appropriate materials required by the program, inform the 9 participant that the participant’s information may be shared 10 for law enforcement and reporting purposes, and provide the 11 participant with information related to the required testing, 12 procedures, and fees. 13 The bill provides that the law enforcement agency of a 14 participating jurisdiction shall establish and maintain a 15 sobriety program account, and collect the required fees. The 16 law enforcement agency shall distribute a portion of the fees 17 to any participating third-party designee in accordance with 18 the agreement between the agency and the third-party designee, 19 and the remainder of the fees collected shall be deposited 20 in the participating jurisdiction’s sobriety program account 21 and shall be used only for the purposes of administering and 22 operating the program. 23 Upon the failure of a participant to submit to or pass a 24 test under the program, a peace officer, probation officer, or 25 parole officer shall complete a written statement establishing 26 that the participant, in the judgment of the officer, violated 27 a condition of release or a condition of the program by failing 28 to submit to or pass a test. 29 A peace officer shall immediately arrest the person without 30 a warrant after completing or receiving the written statement. 31 A person taken into custody shall appear before a court within 32 a reasonable amount of time and shall not be released unless 33 the person has made a personal appearance before a court. 34 The bill provides that as an alternative to the installation 35 -17- LSB 6005HV (1) 86 ns/nh 17/ 18

H.F. 2428 of an ignition interlock device, a temporary restricted license 1 for a person convicted of a second or subsequent OWI may be 2 conditioned on participation in the program. Upon the failure 3 of a participant to submit to or pass a test under the program, 4 the court may notify the department of transportation (DOT) 5 of the person’s noncompliance and direct the DOT to withdraw 6 the person’s temporary restricted license and reinstate the 7 remainder of the license suspension period. 8 -18- LSB 6005HV (1) 86 ns/nh 18/ 18