14-118 C.M.R. ch. 2, § D - THE DRIVER EDUCATION AND EVALUATION PROGRAM FOR FIRST OFFENDER ADULTS, FIRST OFFENDERS OVER 21 YEARS OF AGE AND MULTIPLE OFFENDERS (THE RISK REDUCTION PROGRAM)

1. First offender adults, multiple offender adults, and first and multiple offenders under 21 years of age on the date of the incident who have attained 21 years of age at the time they register for a program shall participate in the twenty-hour Risk Reduction Program. The Risk Reduction Program consists of the following components:

a. Clients will receive education on substance use, abuse and addiction including self-assessment of risk level using both a prevention and intervention-oriented approach.

b. The assessment component is designed to make a preliminary assessment regarding the extent of a client's alcohol or other drug use or abuse or potential for abuse. A client may be referred for a clinical substance abuse evaluation based on the results of his/her preliminary assessment.

c. The evaluation component consists of a two to four hour clinical substance abuse evaluation that includes one session with a significant other or concerned person provided by an approved Community-based Service Provider to determine if evidence of a substance abuse problem exists and if the client is at risk to recidivate. If the clinical substance abuse evaluation determines that alcohol or other drug abuse treatment is needed the client will be required to complete treatment. The client is responsible for the cost of the evaluation.

d. The treatment component provided by an approved Community-based Service Provider is designed to address the client's specific problem with or abuse of alcohol or other drugs. The client is responsible for the cost of treatment.

2. A referral for a clinical substance abuse evaluation shall be made when the preliminary assessment determines that the client meets the ASAM criteria for Level 1 or above.

3. Any time a referral for a clinical substance abuse evaluation is made under this section the client may waive the evaluation process and enter directly into treatment.

4. First and multiple offenders who receive a suspension and/or conviction for operating under the influence of alcohol and/or other drugs that involves homicide, death or serious bodily injury shall receive a clinical substance abuse evaluation. Those offenders who have received a suspension and/or conviction for operating under the influence of alcohol and other drugs that resulted in a homicide shall complete the program as required under Title 29-A, section 2455, subsection 3, and/or former Title 29, section 1313-A, subsection 3.

5. DEEP will provide the client with a list of names and contact information of Community-based Service Providers who are approved to conduct the clinical substance abuse evaluation and/or treatment. The client shall receive the clinical substance abuse evaluation or treatment from an approved Community-based Service Provider of his/her choice. DEEP will maintain a list of approved Community-based Service Providers.

6. The chosen Community-based Service Provider shall not provide the clinical substance abuse evaluation or treatment services until they receive the client registration form from DEEP.

7. The fee for the Driver Education and Evaluation Risk Reduction Program is three hundred dollars ($300) which includes a non-refundable, non-transferable seventy-five dollar ($75) registration fee.

8. Any time the client does not notify DEEP at least twenty-four hours (24) hours prior to the start of a program for which they have registered that they are unable to attend the program they will be charged an additional seventy-five dollar ($75) non-refundable, non-transferable registration fee when registering for another program.

9. Upon satisfactory completion of the Risk Reduction Program, the Office will notify the Secretary of State, Bureau of Motor Vehicle, Division of Driver Licensing Services.

10. The client's case record will be closed when there is no contact between the DEEP Program and the client, a client representative, or the clinician for a two year period. In such a circumstance, in order to participate in the program, the client will be required to re-register and pay all fees. Clients will be notified by mail thirty (30) days prior to case closure at the last known address they provided to the Department.

Notes

14-118 C.M.R. ch. 2, § D