24/7 sobriety program.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0031

ENROLLED ACT NO. 65, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to criminal procedure; creating a 24/7 sobriety program; authorizing fees and rulemaking; creating a program account; authorizing participation in program as a condition of release; providing for apprehension of violators; providing a continuous appropriation; and providing for
an
effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
13
‑
1701 through 7
‑
13
‑
1711 are created to read:

ARTICLE 17
24/7 SOBRIETY PROGRAM

7
‑
13
‑
1701. Short title.

This article shall be known and may be cited as the "24/7 Sobriety Program Act."

7
‑
13
‑
1702.

Definitions.

(a)

As used in this article:

(i)

"Account" means the "
24/7 sobriety program account
" created by W.S. 7
‑
13
‑
1707;

(ii)

"Court" means a district, circuit or municipal court;

(iii)

"Participation" in a 24/7 sobriety program means that the person ordered to participate
submits to and passes a
ll required tests;

(iv)

"Program" means the 24/7 sobriety program created under this article;

(v)

"Rules" means the 24/7 sobriety program rules promulgated by the attorney general under this article.

7
‑
13
‑
1703.

24/7 sobriety program created.

(a)

There is created a 24/7 sobriety program to be administered by the attorney general. The purpose of the program is to reduce the number
of
repeat crimes that are related to substance abuse by monitoring an offender's sobriety through intensive alcohol and drug testing and immediate and appropriate enforcement of violations.

(b)

The program shall provide for frequent and certain testing for drug or alcohol use. The testing methods may include breath testing, drug patch testing, urinalysis, continuous or transdermal alcohol monitoring or other testing methods as provided by rule.

7
‑
13
‑
1704.

Inclusion
in program.

(a)

Each county, through its sheriff, may
take part
in the program. A sheriff may designate an entity to provide the testing services or to take any other action authorized to be taken by the sheriff under this article with the exception of action taken to apprehend a violator under W.S. 7
‑
13
‑
1709.

(b)

The sheriff shall establish the testing locations and times for his county but shall have at least one (1) testing location and two (2) daily testing times approximately twelve (12) hours apart.

7
‑
13
‑
1705.

Rulemaking authority.

(a)

The attorney general shall
adopt rules to implement this article. The rules shall:

(i)

Provide for the nature and manner of testing and the procedures and apparatus
es
to be used for testing;

(ii)

Establish fees and provide for the collection of fees. The fees shall be set as low as possible, but shall be set so that the total of fees and other funds credited to
the
program account defray the
entire expense
of
the
program, including
all
costs
to
the state; and

(iii
)

Establish a data management program to manage program data, including testing results, fees and required reports. The data management program shall be used by
all
counties
taking part in the program
.

7
‑
13
‑
1706.

Distribution of testing fees
.

The sheriff shall collect and transmit testing fees to the state treasurer to be credited to the 24/7 sobriety program account created by W.S. 7
‑
13
‑
1707. The fees shall be distributed as provided by this article and the rules.

7
‑
13
‑
1707.

24/7 sob
riety program account.

(a)

There is created a 24/7 sobriety program account. The account shall be used by the attorney general to defray
all
the costs
of the program to the state, including the costs
of the attorney general in administering this
article
. Disbursements from the account shall not exceed the monies credited to it. All monies in the account are continuously appropriated to the attorney general to be used
solely
for the administration of the program
and for no other purpose
. Notwithstanding W.S. 9
‑
2
‑
1008 and 9
‑
4
‑
207 funds in the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account.

(b)

The attorney general may accept, and shall deposit in the account, any gifts, contributions, donations, grants or federal funds specifically designated for the benefit of the program.

7
‑
13
‑
1708.

Authority of court to order participation in program.

(a)

Upon a second or subsequent charge or offense for conduct committed while intoxicated or under the influence of a controlled substance, a
court may order participation in the program as a condition of pretrial release, bond, suspension of sentence, probation or other conditional release.

(b)

Participation in the program may be
imposed as a
condition of release under the
Wyoming
R
ules of
C
riminal
P
rocedure, including rule
s
46.1 and 46.2.

(c
)

Before ordering participation in the program, a court may require the person to undergo a substance abuse assessment. The cost of the substance abuse assessment shall be paid by the offender.

(d
)

The state board of parole may require a parolee to
participate in
the program as a condition of parole.

7
‑
13
‑
1709.

Apprehension of violators.

(a)

Upon failure of a person to submit to or pass a test under the program, a peace officer or a probation and parole agent shall complete a written statement establishing the person, in the judgment of the officer or agent, violated a condition of release by failing to submit to or pass a test. A peace officer shall immediately arrest the person without warrant after completing or receiving the written statement.

(b)

A person taken into custody under this section shall appear before a court within a reasonable time and shall not be released unless
the
person has made a personal appearance before a court.

7
‑
13
‑
1710.

24/7 sobriety program director; appointment.

The attorne
y general may appoint a director

to administer the program
. The appointment shall be subject to
senate confirmation in the manner provided for in W.S. 28
‑
12
‑
101 and 28
‑
12
‑
102 for gubernatorial appointments.
The director shall receive an annual salary determined by
the
department of administration and information human resources division. No state funds shall be used to fund the salary or benefits of the director.

7
‑
13
‑
1711.

Sunset provision.

W.S. 7
‑
13
‑
1701 through 7
‑
13
‑
1711 are repealed effective June 30, 2019.

Section 2.

W.S. 7
‑
13
‑
304(d)

is amended to read:

7
‑
13
‑
304.

Imposition or modification of conditions; performance of work by defendant.

(d)

As a condition of probation or suspension of sentence, the court may require a defendant to complete successfully a court supervised treatment program qualified under W.S. 7
‑
13
‑
1601 through 7
‑
13
‑
1615
,
a 24/7 sobriety program under W.S. 7
‑
13
‑
1701 through 7
‑
13
‑
1711
, or both
.

Section 3.

T
he attorney general's 2017-2018
standard biennial budget request
shall not include a request for an appropriation of funds for the 24/7
sobriety program
.

Section 4.

This act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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