41-6a-515.5.  Sobriety program for DUI.

(1)  As used in this section:

Terms Used In Utah Code 41-6a-515.5

  • Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means any conviction arising from a separate episode of driving for a violation of:
(i) driving under the influence under Section 41-6a-502;
(ii) 
(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501
  • Department: means the Department of Public Safety. See Utah Code 41-6a-102
  • drugs: means :
    (i) a controlled substance as defined in Section 58-37-2;
    (ii) a drug as defined in Section 58-17b-102; or
    (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
    • (a)  “24-7 sobriety program” means a 24 hours a day, seven days a week sobriety and drug monitoring program that:

    (i)  requires an individual to abstain from alcohol or drugs for a period of time;

    (ii)  requires an individual to submit to random drug testing; and

    (iii)  requires the individual to be subject to testing to determine the presence of alcohol:

    (A)  twice a day at a central location where timely sanctions may be applied;

    (B)  by continuous remote sensing or transdermal alcohol monitoring by means of an electronic monitoring device that allows timely sanctions to be applied; or

    (C)  by an alternate method that is approved by the National Highway Traffic Safety Administration.

    (b) 

    (i)  “Testing” means a procedure for determining the presence and level of alcohol or a drug in an individual’s breath or body fluid, including blood, urine, saliva, or perspiration.

    (ii)  “Testing” includes any combination of the use of:

    (A)  remote and in-person breath testing;

    (B)  drug patch testing;

    (C)  urinalysis testing;

    (D)  saliva testing;

    (E)  continuous remote sensing;

    (F)  transdermal alcohol monitoring; or

    (G)  alternate body fluids approved for testing by the commissioner of the department.

    • (2)  The department may establish a 24-7 sobriety program with a law enforcement agency that is able to meet the 24-7 sobriety program qualifications and requirements under this section.

    (3) 

    (a)  The 24-7 sobriety program shall include use of multiple testing methodologies for the presence of alcohol or drugs that:

    (i)  best facilitates the ability to apply timely sanctions for noncompliance;

    (ii)  is available at an affordable cost; and

    (iii)  provides for positive, behavioral reinforcement for program compliance.

    (b)  The commissioner shall consider the following factors to determine which testing methodologies are best suited for each participant:

    (i)  whether a device is available;

    (ii)  whether the participant is capable of paying the fees and costs associated with each testing methodology;

    (iii)  travel requirements based on each testing methodology and the participant’s circumstances;

    (iv)  the substance or substances for which testing will be required; and

    (v)  other factors the commissioner considers relevant.

    (4) 

    (a)  The 24-7 sobriety program shall be supported by evidence of effectiveness and satisfy at least two of the following categories:

    (i)  the program is included in the federal registry of evidence-based programs and practices;

    (ii)  the program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or

    (iii)  the program has been documented as effective by informed experts and other sources.

    (b)  If a law enforcement agency participates in a 24-7 sobriety program, the department shall assist in the creation and administration of the program in the manner provided in this section.

    (c)  A 24-7 sobriety program shall have at least one testing location and two daily testing times approximately 12 hours apart.

    (d)  A person who is ordered by a judge to participate in the 24-7 sobriety program for a first conviction as defined in Subsection 41-6a-501(2) shall be required to participate in a 24-7 sobriety program for at least 30 days.

    (e)  If a person who is ordered by a judge to participate in the 24-7 sobriety program has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based, the person shall be required to participate in a 24-7 sobriety program for at least one year.

    (5) 

    (a)  If a law enforcement agency participates in a 24-7 sobriety program, the law enforcement agency may designate an entity to provide the testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to this section, except that the law enforcement agency’s designee may not determine whether an individual is required to participate in the 24-7 sobriety program.

    (b)  Subject to the requirement in Subsection (4)(c), the law enforcement agency shall establish the testing locations and times for the county.

    (6) 

    (a)  The commissioner of the department shall establish a data management technology plan for data collection on 24-7 sobriety program participants.

    (b)  All required data related to participants in the 24-7 sobriety program shall be received into the data management technology plan.

    (c)  The data collected under this Subsection (6) is owned by the state.

    (7) 

    (a)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this section.

    (b)  The rules under Subsection (7)(a) shall:

    (i)  provide for the nature and manner of testing and the procedures and apparatus to be used for testing;

    (ii)  establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;

    (iii)  require and provide for the approval of a 24-7 sobriety program data management technology plan that shall be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports; and

    (iv)  establish a model sanctioning schedule for program noncompliance.

    Amended by Chapter 83, 2021 General Session

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