Current through Register Vol. 56, No. 18, September 16, 2024
(a) Subject to the approval
of the Division of Mental Health and Addiction Services, the counties shall, with its cooperation, designate
and establish Intoxicated Driver Resource Centers on a county or regional basis as required by
N.J.S.A. 39:4-50(f).
The counties may establish such a center themselves or in cooperation with other counties. The counties may
either operate the IDRCs themselves, or they may contract for the operation of the IDRCs.
1. Each county shall designate and establish a 12-hour IDRC and a 48-hour
IDRC.
i. The 12-hour IDRC shall detain assigned clients for no less than
six hours each day during two consecutive days. For the duration of the COVID-19 Public Health Emergency and
until expiration of this temporary rule modification, the requirement that clients be detained for a period
of no less than six hours each day during two consecutive days for a period of 12 hours may be satisfied by
the completion of a 12-hour online IDRC program approved by the Intoxicated Driving Program.
ii. The 48-hour IDRC shall detain assigned clients for 48-consecutive
hours. For the duration of the COVID-19 Public Health Emergency and until expiration of this temporary rule
modification, the requirement that clients be detained for a period of 48 consecutive hours may be satisfied
by the client's completion of an online IDRC program designed for second offenders and approved by the
Intoxicated Driving Program. The curriculum must be completed over the course of 48 consecutive hours. In
addition, the 48-hour IDRC must ensure that participating clients are detained for 48 consecutive hours in
their residence, such as through written client attestation or other forms of monitoring (for example,
telephone or electronic check-ins).
2. The Division of
Mental Health and Addiction Services shall review county designations of 12 hour and 48-hour IDRCs every two
years.
3. During the Division of Mental Health and Addictions
Services review and approval process for the county-designated 12-hour IDRCs, each county shall submit the
following information to the Intoxicated Driving Program:
i. Name and
address of the IDRC;
ii. Name and qualifications of the IDRC
administrator. Documentation verifying the appropriate qualifications shall include, but are not limited to,
copies of a current resume and any professional certifications and licenses;
iii. Copy of any resolution designating the IDRC;
iv. Copy of the contract between the county and the IDRC;
v. Written notification regarding conflict of interest determinations as
required by N.J.A.C.
10:162-2.6;
vi. Copy of the
IDRC's table of organization;
vii. List of IDRC staff, IDRC
contracted staff, and IDRC consultants with titles, qualifications, and job descriptions;
viii. Copy of the IDRC class schedule with dates, times, and locations of
classes for at least six months and maximum number of attendees for classes;
ix. Description of public transportation to the IDRC, including type and
proximity to transportation sites;
x. List of affiliated
treatment agencies; and
xi. Copies of written policies pertaining
to the following:
(1) Class access for the following special populations:
individuals with communication disabilities (for example, vision, hearing, or speech), individuals with
physical or mental disabilities, and individuals with limited English proficiency;
(2) Maintenance and safeguarding of client records and information;
and
(3) Handling of referrals to affiliated treatment
agencies.
4. During the Division of Mental
Health and Addictions Services review and approval process for the county-designated 48-hour IDRCs, each
county shall submit the information listed at (a) 3 above and the following additional information to the
Intoxicated Driving Program:
i. Description of overnight
accommodations;
ii. Written acknowledgement that the 48-hour IDRC
facility is in compliance with all applicable codes governing building, fire, safety, and health requirements
in the State, county, and municipality in which it resides; and
iii. Copies of written policies pertaining to the following:
(1) Handling of medical emergencies and medication storage; and
(2) Supervision and security measures provided during the 48-hour time
period.
5. The IDRC must be administered by
a certified alcohol and drug counselor or other certified or licensed healthcare practitioner or professional
with a minimum of five years experience in the treatment of substance use disorders.
6. The IDRC must make every effort to schedule classes as frequently as
necessary in order to ensure that clients have an opportunity to attend class prior to the expiration of
their license suspension.
(b) A county or regional
program proposing to establish or substantially change an Intoxicated Driver Resource Center shall notify the
Intoxicated Driving Program of its intent to do so in writing 180 days prior to the proposed effective date.
The notice shall indicate whether the county intends to operate the Intoxicated Driver Resource Center
itself, or contract for services. Within 60 days of the notice of intent the county shall provide a program
description, action plan, budget, table of personnel, proposed program schedule and curriculum to the
Intoxicated Driving Program. If the county proposes to contract for services, it shall provide the
Intoxicated Driving Program with a schedule for calling for proposals, containing, but not limited to, the
information specified above, and shall review, rank and approve such proposals in accordance with applicable
State and county laws and rules governing the issuance of contracts for such services.
(c) The Intoxicated Driving Program shall consult with the county and
provide assistance as needed in the course of the process established pursuant to (a) and (b)
above.
