Current through Register Vol. 48, No. 12, March 22, 2024
a) The
purpose of a DUI evaluation is to conduct an initial screening to obtain
significant and relevant information from a DUI offender about the nature and
extent of the use of alcohol or other drugs in order to:
1) identify the offender's risk to public
safety for the circuit court of venue or the Office of the Secretary of State;
and
2) recommend an initial
intervention to the DUI offender and to the circuit court of venue or the
Office of the Secretary of State.
b) DUI evaluation services shall be provided
to any offender under the same terms and conditions regardless of ability to
pay.
1) If an offender provides proof of
indigence, in accordance with poverty guidelines established by the U.S.
Department of Health and Human Services and contained in the Department's
annual Drunk and Drugged Driving Prevention Fund (DDDPF) billing manual, the
organization providing the evaluation may bill for reimbursement for the DUI
evaluation from the DDDPF. All such reimbursement shall be via a rate
established by the Department and in accordance with the Department's most
current fiscal year DDDPF billing manual.
2) Additionally, all reimbursement from the
DDDPF is subject to availability of funds. Organizations shall have an
alternative fee assessment and collection procedure for use should DDDPF
funding not be available. However, if the reimbursement from the DDDPF or any
additional fee assessed to the offender, as specified in subsection (b)(3) of
this Section, has not been received by the completion of services, the
evaluation shall still be released to the appropriate circuit court of venue or
the Office of the Secretary of State in accordance with this Section.
3) The organization may also assess a fee for
the evaluation to an indigent DUI offender when the organization's standard fee
charged for an evaluation to a non-indigent DUI offender exceeds the rate of
reimbursement provided by the Department. In such cases, the amount assessed to
the offender shall not exceed the difference between the organization's
standard fee and the Department's rate.
4) Any organization choosing not to submit
reimbursement claims shall still provide services to indigent offenders in
accordance with this Part.
c) All evaluations shall consist of a
face-to-face individual interview. The evaluation shall be conducted at the
facility unless otherwise specified in this Part or by court rule.
d) Each DUI offender shall be given a copy of
the Department's Informed Consent form and a copy of the Department's brochure
that explains the DUI evaluation process.
1)
This brochure shall be read by or to the offender prior to the provision of the
evaluation.
2) The Informed Consent
specifies that any information provided by the DUI offender will be released to
the circuit court of venue, the Office of the Secretary of State and/or the
Department and explains that the consent of the offender is not required for
this disclosure.
3) The Informed
Consent also requires the offender to specify where he or she underwent any
previous evaluations as a result of the most current DUI offense and to provide
a copy of those evaluations, if completed, to the current DUI
evaluator.
4) Each DUI offender
shall sign the Informed Consent form indicating his or her understanding of the
DUI evaluation process and disclosure requirements or initial the Informed
Consent form indicating refusal to proceed with the evaluation. A copy of this
form shall be placed in the DUI offender record.
5) If the offender refuses to sign, or
refuses to present copies of other evaluations completed, written notice of
that refusal shall be sent to the circuit court of venue or the Office of the
Secretary of State and the evaluation will be terminated.
e) Written policies and procedures shall be
established that protect the non-disclosure privilege of DUI offenders that, at
a minimum, shall include provisions to ensure that no evaluation information
shall be released to any party other than the DUI offender, the Illinois
circuit court of venue or its court officials as specified by local court
rules, the Office of the Secretary of State or the Department without the
written consent of the DUI offender. Any release of information relative to
alcohol and drug treatment received by the DUI offender requires the written
consent of the offender.
f) The
evaluation shall be structured and scheduled in order to ensure that, prior to
its completion, the following occurs:
1)
collection of a comprehensive chronological history of substance use from first
use to present, including alcohol, prescription and non-prescription drugs, and
exposure to intoxicating compounds and illegal drugs, that specifies the
frequency and patterns of use, type and amount of substance used and any change
in the use or abuse pattern and the reason for the change;
2) a determination of the extent to which the
substance use has caused marital, family, legal, social, emotional, vocational,
physical and/or economic impairment;
3) an analysis of the offender's verbal
description of:
A) alcohol and drug related
legal history, driving history (all offenses), and any related substance use or
chemical test results (blood alcohol concentration - BAC) and all substances
used that resulted in all arrests, including the most recent DUI
arrest;
B) past history of
substance abuse evaluations, alcohol or drug treatment and/or self-help group
involvement;
C) family history of
substance abuse.
4) an
analysis of:
A) objective test results from
either the Driver Risk Inventory (DRI) or Mortimer/Filkens test;
B) the offender's current driving record as
documented on the Alcohol/Drug Related Driving Offenses summary form from the
Office of the Secretary of State or a copy of the actual Court Purposes driving
abstract supplied to the circuit court of venue by the Office of the Secretary
of State; and
C) the Law
Enforcement Sworn Report (issued to the offender at the time of the arrest for
DUI) that identifies the chemical test result BAC or the refusal to submit to
chemical testing relative to the most current DUI arrest.
g) All information obtained during
the evaluation shall be analyzed and the offender's risk to public safety shall
be determined. However, such determination shall be considered an initial
finding that may be subject to change when more comprehensive and definitive
information is obtained from the offender during participation in any
recommended intervention. The determination of risk shall be minimal, moderate,
significant, or high as follows:
1) Minimal
Risk
The offender has:
A)
no prior conviction or court ordered supervisions for DUI, no prior statutory
summary suspensions, and no prior reckless driving conviction reduced from DUI;
and
B) a BAC of less than .15 as a
result of the most current arrest for DUI; and
C) no other symptoms of substance abuse or
dependence.
2) Moderate
Risk
The offender has:
A)
no prior conviction or court ordered supervisions for DUI, no prior statutory
summary suspensions, and no prior reckless driving conviction reduced from DUI;
and
B) a BAC of .15 to .19 or a
refusal of chemical testing as a result of the most current arrest for DUI;
and
C) no other symptoms of
substance abuse or dependence.
3) Significant Risk
The offender has:
A)
one prior conviction or court ordered supervision for DUI, or one prior
statutory summary suspension, or one prior reckless driving conviction reduced
from DUI; and/or
B) a BAC of .20 or
higher as a result of the most current arrest for DUI; and/or
C) other symptoms of substance
abuse.
4) High Risk
The offender has:
A)
symptoms of substance dependence (regardless of driving record);
and/or
B) within the 10 year period
prior to the date of the most current (third or subsequent) arrest, any
combination of two prior convictions or court ordered supervisions for DUI, or
prior statutory summary suspensions, or prior reckless driving convictions
reduced from DUI, resulting from separate incidents.
h) After the determination of
risk, a corresponding intervention shall be recommended. However, that
recommendation shall be viewed as the minimum necessary and, as such, not the
determinate intervention. Any subsequent information relevant to the offender's
substance use or arrest history discovered during the offender's participation
in risk education, early intervention and/or treatment shall be considered
pertinent in formulating a recommendation for further services necessary to
reduce the offender's risk to public safety. Initially, the following
interventions for each designation of risk shall be selected and recommended:
1) Minimal Risk
Successful completion of a minimum of 10 hours of DUI risk
education as defined in Section
2060.505 of
this Part.
2) Moderate Risk
Successful completion of a minimum of 10 hours of DUI risk
education as defined in this Part; a minimum of 12 hours of early intervention
as defined in Section
2060.401(a)
provided over a minimum of four weeks with
no more than three hours per day in any seven consecutive days; subsequent
completion of any and all necessary treatment; and, after discharge, active
ongoing participation in all activities specified in the continuing care plan,
if so recommended following completion of the early intervention. This early
intervention and any subsequent treatment shall be as specified in the ASAM
Patient Placement Criteria and shall be conducted by an organization meeting
the requirements specified in subsection (j) of this Section and Section
2060.401 of this
Part.
3) Significant Risk
Successful completion of a minimum of 10 hours of DUI risk
education as defined in this Part; a minimum of 20 hours of substance abuse
treatment; and, upon completion of any and all necessary treatment, and, after
discharge, active on-going participation in all activities specified in the
continuing care plan. This treatment shall be as specified in the ASAM Patient
Placement Criteria and shall be conducted by an organization meeting the
requirements specified in subsection (j) of this Section and Section
2060.401 of this
Part.
4) High Risk
Successful completion of a minimum of 75 hours of substance
abuse treatment; and upon completion of any and all necessary treatment, and,
after discharge, active on-going participation in all activities specified in
the continuing care plan. This treatment shall be as specified in the ASAM
Patient Placement Criteria and shall be conducted by an organization meeting
the requirements specified in subsection (j) of this Section and Section
2060.401 of this
Part.
i) A
summary of the DUI evaluation, the assigned risk and the corresponding
intervention shall be documented on the Department's Alcohol and Drug
Evaluation Uniform Report, which is produced by the DUI Service Reporting
System (DSRS). All sections of this form shall be complete and it shall be
signed by the offender at the facility.
j) Upon completion of the evaluation, all
offenders:
1) who need substance abuse
treatment shall be referred for appropriate services to organizations licensed
pursuant to the Act or to individuals who are otherwise licensed in Illinois or
any other state to provide such services.
2) who need DUI risk education as defined in
this Part shall be referred to such services licensed by the
Department.
3) shall verify that
they have been shown, prior to referral, a listing of organizations as
specified in subsection (j)(1) and (2) of this Section, unless an alternative
process is established by court rule. The verification shall be on the
Department's Referral List Verification Form.
k) The evaluation is complete when all of the
above referenced information is obtained and the Alcohol and Drug Evaluation
Uniform Report is signed by the offender.
1)
The Alcohol and Drug Evaluation Uniform Report shall be provided directly to
the circuit court of venue, unless another court repository is specified by
court rule. A copy shall also be given to the DUI offender upon completion of
payment or as otherwise specified in subsection (b)(2) of this
Section.
2) If the offender will be
requesting a judicial driving permit from the circuit court of venue, an
Alcohol and Drug Evaluation Report Summary shall also be completed. This form
is supplied by the Office of the Secretary of State and required by Section
6-201 of the Illinois Driver Licensing Law [625 ILCS
5/6-201 ] and should be sent directly to the circuit
court of venue, unless another court repository is specified by court
rule.
l) Evaluations
shall be scheduled and completed so that the Alcohol and Drug Evaluation
Uniform Report can be sent directly to the circuit court of venue at least five
calendar days prior to the offender's court date, unless otherwise specified by
court rule.
m) The evaluator shall
be available to provide testimony relative to the DUI evaluation when summoned
by the circuit court of venue, the Office of the Secretary of State or the DUI
offender.
n) The circuit court of
venue or the Office of the Secretary of State, whichever is applicable, shall
be notified, within five calendar days, when a DUI offender does not complete
an evaluation or refuses to sign the evaluation. Such notification shall also
be made, within five calendar days, when an offender does not return to sign
the evaluation after 30 calendar days from the last face-to-face contact. The
information needed to complete the evaluation shall be communicated using the
Department's Notice of Incomplete/Refused DUI Evaluation form.
o) In addition to meeting the provisions
specified in Section
2060.325
of this Part, the following documents shall also be contained in the DUI
offender's record:
1) a copy of the
offender's Alcohol and Drug Evaluation Uniform Report and narrative information
to support the conclusions summarized in this report and a copy of the Alcohol
and Drug Evaluation Report Summary if the offender requested judicial driving
privileges;
2) a copy of the Driver
Risk Inventory (DRI) report or Mortimer/Filkens test;
3) documentation to support any subsequent
change in risk assignment or intervention;
4) a copy of the Informed Consent Release
form;
5) documentation of the
offender's driving record and chemical tests results;
6) a copy of Notification of Incomplete or
Refused Evaluation form, if applicable; and
7) a copy of the Referral List Verification
form.