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West Virginia

VIEWS: 3 PAGES: 21

									       NATIONAL ORGANIZATION OF STATE IMPAIRED DRIVING PROGRAMS
                           QUESTIONNAIRE


State: WEST VIRGINIA

Contact Persons:

1.     DUI Offender Program(s)

       Name:          Gary J. Koontz, M.A., C.A.C., C.C.S.
                      State Program Coordinator

       Address:       West Virginia DUI Safety and Treatment Program
                      West Virginia Department of Transportation
                      Division of Motor Vehicles
                      Huntington Regional Office
                      Post Office Box 880, 801 Madison Avenue
                      Huntington, West Virginia 25701

       Telephone #: 304-528-5734
       Fax #:       304-528-5736
       Email:       None
       Web Address:

Is the contact person for DUI reciprocal agreement program information (interstate transfers) the
same as the DUI Offender Program Contact Person listed above? If not, please indicate the
contact’s name, address and phone number:

       Yes.

2.     Driver License Revocation and Suspension Program

       Name:          Mr. David H. Bolyard, Director of Driver Services


       Address:       Division of Motor Vehicles
                      State Capitol Complex
                      1800 Kanawha Blvd., East
                      Charleston, West Virginia 25317-0010

       Telephone #: 304-558-3913
       Fax #:       304-558-0037
       Email:
       Web Address:
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Is the address where offenders mail paperwork for license reinstatement the same as the Driver
License Revocation and Suspension Program Contact Person’s address listed above? If not,
please indicate the address:

       Yes.


3.     State Alcohol and Drug Abuse Authority

       Name:          Steve Mason, Director

       Address:       West Virginia Department of Health and Human Resources
                      Bureau for Community Support
                      Office of Behavioral Health Services
                      Division on Alcoholism and Drug Abuse
                      350 Capitol Street; Room 350
                      Charleston, West Virginia 25301-3702

       Telephone #: 304-558-2276
       Fax #:       304-558-1008
       Email:
       Web Address:


4.     NHTSA Representative

       Name:          Larry Lawson, Head

       Address:       Governor’s Highway Safety Office
                      Division of Motor Vehicles
                      #2 Hale Street; Suite 100
                      Charleston, West Virginia 25301

       Telephone #: 304-558-6080
       Fax #:
       Email:
       Web Address:



I.     DUI Offender Program Mandate


       A.      Under what authority does your state's DUI Offender Program operate?
                                              430
            The West Virginia D.U.I. Safety and Treatment Program operates under the
            authority of Chapter 17C-5A-3 of the West Virginia State Code. The program is
            governed by Title 91, Legislative Rules, Division of Motor Vehicles, Series 15,
            entitled Safety and Treatment Program; in cooperation with the West Virginia
            Department of Health and Human Resources, Division of Alcoholism and Drug
            Abuse.

      B.    Who exercises this authority?

            The State Program Coordinator, West Virginia D.U.I. Safety and Treatment
            Program, as designated by the Commissioner, Division of Motor Vehicles, in
            cooperation and consultation with the Director, Division on Alcoholism and Drug
            Abuse, West Virginia Department of Health and Human Resources.

II.   DUI Offender Program Management

      A.    Who typically administers the DUI Offender Program at the local level?

            The DUI Safety and Treatment Program is provided by contract with the Division
            of Motor Vehicles, to 19 non-profit or for-profit community and private
            behavioral health care providers, licensed by the Department of Health and
            Human Resources, serving the fifty-five counties of the state by regions, known
            as catchment areas.

      B.    What services (education, detoxification, treatment, etc.) are typically provided
            by the D.U.I. provider? What statewide curriculum do you use?

            The provision of substance abuse screening, clinical evaluation, assessment,
            treatment planning, individual and group modality, substance abuse prevention,
            intervention and education services, case management services, aftercare,
            advocacy, referral to adjunct clinical services, intensive outpatient, day treatment,
            residential treatment if warranted.

      C.    What is the typical length of services offered by the D.U.I. provider?
            1) Length of Juvenile/Youth Curriculum Education:
            2) Length of First Offender Curriculum: 18 hours over 6 weeks
            3) Length of Multiple Officer Curriculum:
            4) Does your state require classroom education for multiples?
            5) Other Services:
            The Educational Component of the D.U.I. Safety and Treatment Program consists
            of eighteen (18) hours of instruction conducted over a period of six (6) weeks.
            The Intervention/Treatment Component and Intensive Treatment Components are
            open-ended and individually based upon the results of the initial and ongoing
            assessment of the client, the assessment results, the client’s needs, as well as the
                                            431
     nature and extent of the presenting problem(s). Services within this portion of the
     program may vary for a time frame of one month for up to one year based upon
     the progress of the client to goals as set forth in the Individual treatment plan.


E.   How are quality services assured? Please describe briefly.

     The Division of Motor Vehicles maintains primary, administrative, and direct
     monitoring of the system of contracted community and private D.U.I/substance
     abuse behavioral health care providers through the compliance of written
     standards regarding the programmatic, clinical facility and operational
     implementation/protocol of the program at the local level. Additionally, on-site
     clinical, programmatic and fiscal review is conducted by the State Program
     Coordinator at each of the community and private behavioral health care
     contracted providers. Substance Abuse/Clinical Peer Review is also conducted
     on-site and selected behavioral health care providers under the supervision and
     direction of the State Program Coordinator, DUI Safety and Treatment Program.
     Further, semi-annual Best Practices/Quality Assurance Committee meetings are
     conducted with assigned DUI treatment program coordinators at the local
     level,under the supervision and facilitation of the State Program Coordinator, to
     affect quality assurance, uniformity and consistency of program operation site-
     wide. Legislative issues and recommended changes, revisions, or modifications
     to the program are voted upon by committee members for approval.

     1.     Credentialing

            (a)     Who is responsible for credentialing/certifying DUI Programs?

                    Under the authority of the State Program Coordinator, DUI Safety
                    and Treatment Program, Department of Transportation, Division of
                    Motor Vehicles, in cooperation with the Department of Health and
                    Human Resources, Division on Alcoholism and Drug Abuse is
                    responsible for credentialing/certifying community and private
                    providers contacted to implement the DUI Safety and treatment
                    Program at the local level within fifty-five (55) counties of the
                    State by regions, known as catchment areas.

            (b)     Who is responsible for credentialing DUI program staff?

                    All local DUI Safety and Treatment Program Coordinators are
                    credentialed by the Certification Board of Addiction Professionals,
                    and must be either certified as demonstrating the competency of
                    the Certified Addiction Counselor (CAC), with all clinical staff
                    either certified at this competency level, or under the supervision
                    of a CAC. The State Program Coordinator of the DUI Safety and
                                     432
            Treatment Program is a member of this board. Review of such
            credentialing is conducted on an annual basis with required
            continued education units necessary to maintain such
            credentialing. Also, in consultation with the Association of
            Alcoholism and Drug Abuse Counselors, the Division of Motor
            Vehicles, and the Division on Alcoholism and Drug Abuse.

2.   Standards of Program Operation

     (a)    Who sets and monitors standards?

            The DUI Safety and Treatment Program is monitored through
            established standards entitled: DUI Safety and Treatment
            Program: Standards for Educational Curriculum, Treatment
            Services and Quality Assurance by the State Program Coordinator,
            DUI Safety and Treatment Program, Division of Motor Vehicles,
            as well as the DUI Safety and Treatment Program Best
            Practices/Quality Assurance/Peer Review Committee.
            Additionally, consultation is facilitated with the Division on
            Alcoholism and Drug Abuse.

     (b)    If there are not any standards, what guide-lines are generally
            followed?

            N/A

3.   Training of Direct Service Providers (i.e. instructors and evaluators)

     (a)    How are training needs assessed for those individuals dealing with
            DUI clients?

            Training needs are assessed by the State Program Coordinator,
            DUI Safety and Treatment Program. All clinical staff providing
            any component of the DUI Safety and Treatment Program
            participate in annual clinical assessment, education, intervention,
            substance abuse treatment individual, and group therapy training
            of trainer conferences and meetings scheduled by the State
            Program Coordinator, Continuing Education units are offered.
            Additionally, all clinical staff participate in annual regional
            training seminars sponsored by the Division of Motor Vehicles, in
            cooperation with the Association of Alcoholism and Drug Abuse
            Counselors, and The Division on Alcoholism and Drug Abuse as
            per established DUI Safety and Treatment Program standards.

     (b)    What types of training are offered?
                             433
           Types of training offered include: clinical assessment of the substance
           abuse/addicted client, clinical supervision, delivery of the educational
           component curriculum of the D.U.I. Safety and Treatment Program,
           development of the individual treatment plan, the mechanisms of change
           to affect behavior, brief intervention therapies, the techniques of
           intervention, case management, treatment of the substance abusing
           offender, D.U.I. assessment instruments, as well as training in the
           implementation of the Addiction Severity Index. D.U.I. program standards
           also include training requirements for clinical staff providing the
           assessment, evaluation portion of the program, the eighteen (18) hours of
           instruction, as well as the provision of the intervention/treatment, and
           intensive treatment components of the program. During the first year of
           employment as staff within the program, instructors must attend and
           facilitate a complete cycle of the Educational Component of the program
           (eighteen hours of instruction) of the D.U.I. Safety and Treatment
           Program. Confirmation of completion of this training must be documented
           in the staff’s personnel record. The assigned D.U.I. Coordinator of the
           behavioral health care provider must be in attendance for supervision
           purposes, at the first two cycles of complete sessions, as well as a monthly
           supervisory review. Instructor’s must complete a minimum of 40 hours of
           inservice training and continuing education as approved by the West
           Virginia Certification Board for Addiction Professionals, and annually
           attend the D.U.I. Safety and Treatment Program Educational Component
           Instructor’s Training of Trainers under the supervision of the State
           Program Coordinator, D.U.I. Safety and Treatment Program.

     (c)   Who conducts training?

           Training may be conducted by the State Program Coordinator, D.U.I.
           Safety and Treatment Program, clinical supervisory staff of the behavioral
           health care providers of the D.U.I. Safety and Treatment Program, the
           Division on Alcoholism and Drug Abuse, or other state and local human
           resources agencies that provide substance abuse/D.U.I. related education,
           intervention, and treatment services.

     4.    Do you publish periodic or annual reports?

           Yes, periodic reports to ascertain client outcome, program evaluation,
           client satisfaction, and client population served.

F.   How is the D.U.I. Offender Program supported?

     State:_____Percent Federal:_____Percent
     Client Fees: 100% * Other:______Percent
                                    434
             * Please note that client fees support the enrollment, evaluation, assessment
             session, the eighteen (18) hours of instruction, as well as the follow up
             reassessment session. Fees for the Intervention/Treatment and Intensive
             Treatment Components of the program, if warranted as a result of the assessment
             session, are based upon federal poverty guidelines, are additional to the above,
             specific to income and family size. Supplemental funding is obtained though
             Substance abuse Federal Block Grant funds administered by the Division on
             Alcoholism and Drug Abuse, Department of Health and Human Resources.

             1.     Is this support adequate?

                    Yes, for the Educational Component Only. The fee covers only the costs
                    for implementing the assessment, evaluation, eighteen (18) hours of
                    instruction, and follow up reassessment session. The fee does not
                    adequately cover the operational costs for the provision of the
                    intervention/treatment and intensive treatment components of the
                    program.

             2.     If you have an approximate cost per client, please list.

                    $350.00; covers the cost of only the enrollment, evaluation, and
                    assessment session, the eighteen (18) hours of instruction, as well as the
                    follow up reassessment session, within the Educational Component of the
                    program.

       G.    List any studies that have been completed within the past five years on your
             program’s effectiveness.

             D.U.I. and substance abuse treatment Delivery in the state of West Virginia;
             Profile of the West Virginia D.U.I. offender;
             West Virginia D.U.I. Safety and Treatment Program Client Satisfaction Survey;
             Currently, client outcome/program evaluation parameters are being developed to
             assess program effectiveness and continuity.

III.   D.U.I. Offender Management

       A.    Are there any criteria for clients entering the program?

             Yes. Admission, Continued Stay and Discharge Criteria within the West Virginia
             D.U.I. Safety and Treatment Program are utilized under the model of the
             American Society of Addiction Medicine’s (A.S.A.M.) Client Placement,
             Continuing Stay and Discharge Criteria. Clients are required to remain
             alcohol/other drug free during active participation within all components of the
             program, monitored through routine and/or random screening and Breath Alcohol
                                             435
     Content analysis. The fee for the Educational Component of the program is the
     responsibility of the client and must be submitted prior to, or on the date of the
     scheduled evaluation/assessment session.

B.   Are there any incentives for entering the program?

     Clients who are arrested and administratively suspended for the offense of
     Driving while Under the Influence of alcohol and/or other drugs and enroll,
     actively participate and satisfactorily complete the D.U.I. Safety and Treatment
     Program upon which a favorable status report is received to the D.M.V. are
     considered eligible for license reinstatement within one- half of the original
     period of revocation under the authority of Chapter 17C-5A-3 of the West
     Virginia State Code. Clients wishing to participate in the established West
     Virginia Alcohol Test and lock Device Program, must enroll, actively participate,
     and satisfactorily complete, or have satisfactorily completed the D.U.I. Safety and
     Treatment Program in order to remain as an active participant in the alcohol test
     and lock device program

C.   Is there any use of presentence screening?

     As the criminal sanctions and administrative sanctions for the offense of driving
     while under the influence in the State of West Virginia are treated separately, with
     the outcome of each not affecting the other, criminal sanctions as issued may or
     may not require such participation in the D.U.I. Program. However,
     administrative sanctions require a client to satisfactorily complete the D.U.I.
     Safety and Treatment Program as a step to reinstatement of driving privileges
     administratively suspended as a result of Driving While under the Influence of
     alcohol and/or other drugs, or D.U.I. related offenses.

D.   Are clients assessed or evaluated for alcohol and drug problems and/or other
     indicators of public risk?

     Yes. Clients evaluated and assessed within the D.U.I. Safety and Treatment
     Program participate in a psycho-social biomedical clinical assessment session
     between two and two and one-half hours in duration upon admission into the
     program. A mental status examination is conducted during the assessment session
     to ascertain the nature, extent, and intensity of the Presenting Problem(s).
E.   Does your evaluation process consist of:

     Face-to-face interview:        Yes.

     Objective Tests: Yes; Standards within the D.U.I. Safety and Treatment Program
                           are scheduled no later than three (3) weeks from the day
                           the D.U.I.     offender telephones the community or
                           private behavioral health care provider for an appointment;
                                     436
                            Thefollowing assessment instruments are utilized:
                            Addiction Severity Index (A.S.I.), Alcohol Use Inventory;
                            Michigan Alcoholism/Other Drug Screening Test for the
                            client and for the spouse/significant other; The Substance
                            Abuse Subtle Screening Inventory; Substance Abuse/Life
                            Circumstance Evaluation; Juvenile Automated Substance
                            Abuse Evaluation; C.A.G.E.; Driver Risk Inventory
                            (D.R.I.) Modified Alcohol Use Disorders Identification
                            Test, which includes screening/assessment for drugs other
                            than alcohol; Driver’s Risk Inventory; The West Virginia
                            Model of Adult Client Admission, Continuing Stay, and
                            Discharge Criteria, modeled from the American Society of
                            Addiction Medicine’s client Admission, Continuing Stay,
                            and Discharge Criteria; The levels of care include Acute
                            Alcohol and/or Drug Intoxication or Potential Withdrawal;
                            Biomedical Conditions and Complications;
                            Emotional/Behavioral Conditions and Complications;
                            Treatment Acceptance/Resistance; Relapse Potential;
                            Recovery Environment.

                            Specific Paperwork: Please see attached.

F.   Do you have criteria for referral to treatment? If so, what are the criteria?

     If any of the following criteria is met, an individual will be required to participate
     within the Intervention/Treatment Component of the Program:

     1.     A Blood/Breath Alcohol Concentration (B.A.C.) level of .15 or greater at
            the time of arrest and/or positive screening for drugs other than alcohol;

     2.     A documented or self-reported history of alcohol abuse or abuse of other
            drugs;

     3.     A documented or self-reported record of arrest(s) for prior alcohol-related
            offenses such as public intoxication, or driving under the influence; A
            documented or self-reported history of other drug related offenses, such as
            possession, intent to deliver, manufacture, distribution;

     4.     Any documented or self-reported history of previous residential,
            outpatient, or emergency treatment for substance abuse/addiction related
            disorders;

     5.     An client, originally assessed for participation in the Educational
            Component of the program only, that is the eighteen (18) hours of
            instruction, who attends any instructional session when it is obvious to the
                                      437
       instructor that he/she has consumed alcohol, or is under the influence of
       drugs other than alcohol with verification, prior to arrival;

6.     Results of the Addiction Severity Index (A.S.I.), and other assessment
       instruments as noted herein, or other treatment planning tools as reflected
       within the standards of the program recommending the need for substance
       abuse/addiction treatment services beyond the Educational Component of
       the D.U.I. Safety and Treatment Program.

If any one of the following criteria is met, strong consideration should be given to
requiring the client to participate in the Intervention/Treatment Component of the
D.U.I. Safety and Treatment Program:

1.     The client has a prior history of documented or self-reported treatment for
       psychiatric disorders, or is currently receiving treatment or prescribed
       medications for such disorders;

2.     The client is under 21 years of age at the time of the arrest;

3.     The client has a sporadic employment history with few or no jobs held for
       any significant duration during the past five (5) years;

4.     The documented or self-reported occurrence of addiction/chemical
       dependency in client’s immediate family.

The following additional criteria are used as guidelines for requiring a client to
participate in the Intervention Treatment Component of the D.U.I. Safety and
Treatment Program (Intensive Treatment Component):

1.     M.A.S.T./D.A.S.T. score greater than five (5);

2.     Professed amount of alcohol consumed or other drugs abused is
       inconsistent with reported B.A.C., or results of other drug tests;




                                438
3.     Evidence of tolerance to alcohol and/or other drugs;

4.     Collateral information verifies the existence of interference in any
       problem areas listed on the enrollment/evaluation report;

5.     Deception during the interview process;

6.     Poor attitude regarding the D.U.I. offense--offender displays little or no
       insight into the ramifications of the offense;

7.     Evidence of minimization and/or denial system;

8.     Reasons for drinking (such as self-medication, effects of intoxication) cold
       become problematic;

9.     Evidence of consuming alcohol or the use of other drugs prior to
       admission to the program.

The following criteria may be used as guidelines for requiring a client to
participate in the Intensive Treatment Component (most restrictive) of the D.U.I.
Safety and Treatment Program, in addition to the above criteria for the
Intervention/ Treatment Component:

1.     B.A.C. greater than .20;

2.     Results of the Addiction Severity Index warrant the need for Intensive
       Treatment based upon the West Virginia Model of Client Placement,
       Continuing Stay, and Discharge Criteria (A.S.A.M. criteria);

3.     M.A.S.T. or D.A.S.T. score greater than six (6);

4.     Modified A.U.D.I.T. results warrant the need for the Intensive Treatment
       Component;

5.     Evidence of strong denial system and minimization of consumption;

6.     Collateral information verified extensive addiction/chemical dependency
       history, or symptoms of late stage addiction;

7.     Evidence of increasing or deceasing tolerance to alcohol and/or other
       drugs;

8.     Impaired memory--evidence of amnestic disorder or demential associated
       with addiction;
                                  448
     9.     Overall mental status indicates degree of medical/psychological
            impairment exacerbated and associated with heavy usage of alcohol and/or
            other drugs;

     10.    Extensive history of interference in problem areas listed on the
            Enrollment/Evaluation Report or Status Report;

     11.    A documented or self-reported history of inpatient, outpatient, or
            emergency treatment with continued difficulty in remaining abstinent;

     12.    A documented or self-reported extensive record of arrests for prior alcohol
            and/or other drug related offenses;

     13.    The inability to remain abstinent in a less restrictive alternative, while
            participating in the D.U.I. Safety and Treatment Program.


G.   Briefly describe any case management* procedures used while the client is in
     your program.

     Agencies and professionals representing health and behavioral health care,
     education, the courts, and many other interests evaluate the client’s substance
     abuse disorder to effect appropriate client-treatment matching, efficient use of
     resources, to effect positive client outcomes; Referral to vocational/educational
     programs if warranted, communication/documentation of client progress or lack
     thereof to appropriate entities following signed, written consent of release,
     assistance to secure reinstatement of the client’s’s driving privilege suspended as
     a result of D.U.I., medically monitored or managed detoxification and inpatient
     residential treatment referral, at a duration based upon the West Virginia Model
     of Adult Client Placement, per the A.S.A.M. criteria.



H.   Is a completion determination made?

     Yes. Criteria for release from the West Virginia D.U.I. Safety and Treatment
     Program includes the following:

     1.     Educational Component: Completion of the eighteen (18) hours of
            instruction and follow up reassessment session, and no problems with
            alcohol and/or other drugs have emerged; Development of a personal
            Countermeasures plan to avoid future D.U.I. arrests.

     2.     Intervention/Treatment Component and Intensive Treatment Component:
                                     448
            a.      The client has been verified abstinent from substances for a
                    significant period of time and throughout participation in the
                    D.U.I. Safety and Treatment Program, in relative to the period of
                    alcohol and/or other drug use;

            b.      The client has an established, verified source of support through
                    self-help support groups such as Alcoholic’s/Narcotic’s
                    Anonymous, family, significant others which has been
                    documented;

            c.      Satisfactory progress and has met all goals as set forth in the
                    Individual Treatment Plan;

            d.      Exhibits insight, judgement, appropriate understanding into
                    substance disorder or patterns;

            e.      Expresses appropriate attitude regarding D.U.I. offense/related
                    behaviors;

            f.      There is resolution of problem areas identified within the
                    assessment/evaluation results;

            g.      An extended period of evaluation/observation has been conducted
                    with evidence of resolution of problem areas;

            h.      Collateral information verifies/documents abstinence and
                    improvement in problem areas;

            i.      The client has satisfied all requirements of treatment, including the
                    payment of clinical service fees to the D.U.I. program provider.




I.   Who makes the determination?

     Determination is made by the D.U.I. Coordinator of the selected community or
     private D.U.I. program provider following clinical staffing of the case as well as
     the submission of a favorable status report to the Division of Motor Vehicles
     documenting the client’s successful completion that the criteria for release have
     been met by the client. Final determination and approval/disapproval is made by
     the State Program Coordinator, West Virginia D.U.I. Safety and Treatment
     Program through clinical record review.

                                     448
J.   What criteria is used for determining completion status?

     Criteria for completion of the West Virginia D.U.I. Safety and Treatment Program
     are referenced in Letter J. of this questionnaire, as well as the use of the West
     Virginia Model of Client Discharge Criteria, per A.S.A.M. criteria.

K.   What are the benefits of a successful completion?

     Clients remain in recovery, maintain abstinence, reduces relapse potential;
     Successful completion of the D.U.I. Safety and Treatment Program also results in
     a reduction of the client’s initial administrative licensing revocation period as a
     result of D.U.I. to one-half of the original time frame, per Chapter 17C-5A-3 of
     the West Virginia State Code; Reduction in D.U.I. re-arrests. Consideration of
     licensing reinstatement by the Division of Motor Vehicles;

L.   What are the consequences of an unsuccessful completion?

     Non-interruption of the disease of addiction/substance abuse; No further
     consideration of licensing reinstatement as a result of the administrative
     suspension for D.U.I.

M.   What kind of client records are kept?

     Client records are kept for a minimum of ten (10) years, as per D.U.I.
     programmatic standards as well as State licensing regulations; Each clinical
     record includes but s not limited to: client name, address, age, date of birth, sex,
     social security number, driver’s license number, D.M.V. D.U.I. file number, court
     documents of referral if warranted, clinical assessment results,
     intake/biomedical/psychosocial history, Initial Treatment Plan, Final Treatment
     Plan, Enrollment/Evaluation Report, Status Report, Consent of Release of
     information form for Substance Abuse Client Records, Agreement of program
     understanding form, collateral documentation, referrals to adjunct services, D.U.I.
     pre and post test results, client/program attendance data, billing information,
     results of random B.A.C and other drug testing, notes on the resulting exit
     interview session/reassessment session, progress and case management notes, as
     well as client advocacy and linkage notes as warranted.

N.   What are the treatment program selection criteria for the client? How is a
     treatment provider chosen by the client?

     A contract to operate and implement the West Virginia D.U.I. Safety and
     Treatment Program may be granted to a licensed community or private behavioral
     health care provider under adherence to all facility, operational, programmatic,
     staff, clinical record and related contractual standards as referenced in: The West
     Virginia D.U.I. Safety and Treatment Program: Standards for Educational
                                     448
     Curriculum, Treatment Services and Quality Assurance. The potential provider
     must provide documentation of an award of the Certificate of Need as applicable
     by the Health Care Cost Review Authority for the provision of D.U.I. Safety and
     Treatment Program, or is not subject to review for a C.O.N. as determined by the
     Authority. Providers wishing to contract for D.U.I. Safety and Treatment
     programming exempt under the above process, must demonstrate the need for the
     service through established protocol within the intended service area. Potential
     providers may not elect to offer selected portions of the program and may not
     subcontract any portion of the program to outside behavioral health care entities.
     All services must be provided by potential providers directly, and must adhere to
     Chapter 30 of the West Virginia State Code, as well as Chapter 17C-5A-3 of the
     code and Title 91 Legislative Rules, entitled Safety and Treatment Program. Staff
     qualifications are determined by the West Virginia Certification Board for
     Addiction and Prevention Professionals. All potential contractees are subject to
     final review, approval, or disapproval by the State Program Coordinator, West
     Virginia D.U.I. Safety and Treatment Program though an Request for Proposal
     process, solicitation and announcement of such, as well as on-site review, prior to
     any implementation of clinical services.

O.   What is the focus of treatment provided?

     Clients admitted, actively participating in the D.U.I. Safety and Treatment
     Program, while strictly a voluntary program, are afforded substance abuse/D.U.I.
     related education, intervention, individual and group modalities of treatment,
     victim impact panel observation, introduction to various self-help support systems
     including self-help and related positive family support system development,
     D.U.I. countermeasure development, all individually based upon the results of the
     assessment with input from the client, as well as need, and the nature , intensity,
     and severity of the presenting problem, and relapse prevention.

P.   Are individualized treatment plans required? If yes, please define.

     Yes. Clients whose assessment results warrant the need for the recommendation
     of participation within the Intervention/Treatment Component and/or Intensive
     Treatment Components of the program require the development of an Initial and
     Individual Treatment Plan. The Individual Treatment Plan is based upon the goals
     and objectives that are set forth through the results of the initial and ongoing
     assessment process, with input form the client, and collateral.

Q.   How are treatment agencies licensed and by whom?

     Community and Private behavioral health care providers are licensed per West
     Virginia Department of Health and Human Resources, Bureau of Public Health,
     Office of Health Facility, Licensure, and Certification, as well as standards as set
     forth within the D.U.I. Safety and Treatment Program contractual standards. Staff
                                     448
     must be qualified to provider substance abuse/addiction clinical education,
     intervention, and treatment services, per the West Virginia Certification Board of
     Addiction and Prevention Professionals as well as related licensing boards per
     Chapter 30 of the West Virginia State Code.

R.   Does the D.U.I. system require programs to use only licensed providers?

     Yes.

S.   What are the treatment requirements?
     1) Is it required for first offenders and multiples? Treatment services within the
        D.U.I. Safety and Treatment Program are individually base upon the results of
        the assessment, as well as the nature, severity, and intensity of the presenting
        problem(s).
     2) Statutory minimums
     3) Other minimums?
     4) Typical number of hours? The average length of services can range between
        one month to one year {beyond the eighteen (18) hours of instruction
        conducted over a period of six (6) weeks} depending on client progress to
        goals as set forth in the Individual Treatment Plan and the intensity of service
        recommended.
     5) Length of time to provide hours:
     6) Cost of treatment: The cost of services are based upon Federal poverty
        guidelines, specific to income assessment relative to family size. And, no one
        can be denied services to a selected provider based upon ability to pay.


T.   What are your state’s referral rates to treatment for first time offenders as made
     by the D.U.I. programs?

     As the B.A.C. was a determining factor with such offenders , 22.6% were
     assessed and recommended completion of the Educational Component only, as
     the assessment results did not reflect the need for substance abuse treatment
     services;

     77.4% were assessed and recommended completion of the Educational
     Component and Intervention/Treatment Component and/or Intensive Treatment
     Components of the West Virginia D.U.I. Safety and Treatment Program; And, all
     clients, regardless of the number of offenses, must complete al portions of the
     D.U.I. Safety and Treatment Program prior to consideration of licensing
     reinstatement by the D.M.V.

U.   What are the lengths of your state’s driver suspension/revocation for each of the
     following offenses?

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     First D.U.I. Offense: Six (6) Months, with eligibility/consideration of
                           reinstatement in ninety (90) days, upon the Division’s
                           receipt of a favorable status report relative to satisfactory
                           completion of the D.U.I. Safety and Treatment Program.

     Second D.U.I. Offense:         Ten (10) years, with eligibility/consideration of
                                    reinstatement in five (5) years, upon completion of
                                    the D.U.I. Safety and Treatment Program.

     Third D.U.I. Offense: Life, with eligibility in ten (10) years, upon completion of
                           the D.U.I. Safety and Treatment Program.


     Comments:      Within the State of West Virginia, the criminal and administrative
                    sanctions for D.U.I. are treated separately, with the outcome of
                    each not affecting the other. Additionally, there are administrative
                    sanctions for the offense of D.U.I and Death by Reckless
                    Disregard, D.U.I. and Death by Neglect, D.U.I. and Causing
                    Bodily Injury, Under 21-Driving with B.A.C. .02-.10, D.U.I. under
                    21-Any Measurable Alcohol, D.U.I. and Refusing to Submit to
                    Designated Chemical Test (Implied Consent), Knowingly
                    Permitting D.U.I, and D.U.I. with unemancipated Minor(s) under
                    age 16 as passengers.

V.   Describe any other sanctions imposed on the D.U.I. offender related to vehicle
     impoundment, monitoring devices, and/or interlock devices. (Examples of devices
     are ignition interlock, ankle bracelet with portable tracking, home based random
     breath video identification system, and remote alcohol testing with voice
     recognition.)

     Currently, the State’s corrections and judicial systems sanction D.U.I. clients, as
     alternative to jail sentencing, with in-home supervision and monitoring through
     the ankle bracelet system. The fees for such are totally paid for by the client, if the
     option is offered. The alcohol test and lock device program is strictly voluntary
     and affords restricted driving privileges to individuals arrested for the offense(s)
     of D.U.I. Duration of program participation depends upon the number of offenses.
     Currently, the D.M.V. has proposed revisions to eligibility criteria for the
     program, revisions to as well as the duration of time the client must have the
     device maintained on the vehicle.

     Due to jail overcrowding and a recent West Virginia Supreme Court mandate
     requiring a cap on the number of inmates within the correctional system, the state
     legislature is examining alternative sanctioning for D.U.I. offenders. Examples of
     alternative sanctions and programming being explored are : Intensive Supervision

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             Probation, expansion of in-home monitoring, D.U.I. offender detention and
             substance abuse treatment facilities/units, vehicle impoundment/forfeiture.

      W.     What are your latest numbers that reflect
             1) How many individuals were arrested for their first DUI offense?
             2) How many individuals were convicted of their first DUI offense?
             3) How many repeat DUI offenders were arrested?
             4) How many repeat DUI offenders were convicted?


IV.   Out-of-State D.U.I. Offenders

      A.     What are the D.U.I. program completion requirements (Education and/or
             Treatment) for licensees of your state who receives a D.U.I., then move to another
             state?

             Clients are afforded the option of completing reciprocal D.U.I. Safety and
             Treatment Programming within the state of residence, provided that the client
             submits proof of permanent residency, or active military status, or evidence of
             permanent employment in that state. Clients must submit documentation that they
             are attempting to secure licensing privileges in that state. Clients afforded such an
             option must provide documentation that the selected program meets or exceeds
             programming as offered by standard within in the West Virginia D.U.I. Safety
             and Treatment Program. All reciprocal programming is subject to review and
             approval/disapproval relative to program reciprocity criteria by the State Program
             Coordinator, West Virginia D.U.I. Safety and Treatment Program. The intensity
             of the reciprocal program shall be based upon the results of the assessment
             session, not relative to the number(s) of offenses. All clients must complete a
             reciprocal program offering at a minimum eighteen (18) hours of education, as
             well as substance abuse treatment based upon acceptable A.S.A.M. criteria. The
             following documentation is requested by the State Program Coordinator, West
             Virginia D.U.I. Safety and Treatment Program as a portion of out of state
             program reciprocity review:

             1.     Copy of the assessment/evaluation conducted by a qualified substance
                    abuse professional, including intake/psychosocial/biomedical history;




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     2.     Documentation reflecting course of treatment/services rendered to the
            individual;

     3.     Documentation reflecting the amount of hours within a structured
            Educational Component, including the topics addressed, as well as the
            status of the individual within the program component;

     4.     Client progress reports as applicable;

     5.     Copies of the Termination/Discharge Summary reflecting progress,
            satisfactory completion, or non-compliance/unsatisfactory completion, as
            applicable;

     6.     Documentation reflecting the payment in full of all outstanding licensing
            reinstatement fee(s).

B.   What are your state’s requirements for individuals who are licensed in another
     state but receive a D.U.I. in your state?

     Residents of your state: Clients must provide documentation that they have
     satisfactory completed the West Virginia D.U.I. Safety and Treatment Program ,
     as a step to secure reinstatement of the privilege to drive a motor vehicle in the
     State of West Virginia suspended as a result of D.U.I., regardless of the state
     origin of the license.

     Non-residents (travelers): Clients must submit documentation verifying
     permanent residency of the state of residence. Clients must complete and submit
     documentation verifying satisfactory completion of reciprocal D.U.I. Safety and
     Treatment programming that meets or exceeds requirements as set forth in the
     West Virginia Program. Documentation must also verification of completion of at
     least eighteen (18) hours of a structured D.U.I related countermeasure program, as
     well as a copy of the clinical assessment, and discharge/termination summary if
     the results of the assessment warranted the need for substance abuse/addiction
     treatment beyond the eighteen (18) hours of education.

     List any special restrictions or comments:

     All out-of-state , reciprocal D.U.I Safety and Treatment Programming is subject
     to review and approval/disapproval by the State Program Coordinator, West
     Virginia D.U.I. Safety and Treatment Program. The State Program Coordinator is
     provided the authority to request all documentation necessary as needed to review
     such programming, per reciprocity criteria.




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     C.     What are your state’s requirements for individuals who are licensed in another
            state, receive a D.U.I. in that state, move to your state, and want to complete your
            D.U.I. program?

            As the privilege to drive a motor vehicle in the State of West Virginia is
            suspended as a result of the above, clients who are considered permanent
            residents of the state of West Virginia, complete the West Virginia D.U.I. Safety
            and Treatment Program; Clients are responsible for forwarding such
            documentation to the state where the license was suspended, with the respective
            out of state D.U.I. Coordinator determining if such programming meets or
            exceeds requirements as set forth by that state. Such documentation is forwarded
            at the request of the client by the D.M.V. or contracted behavioral health care
            provider though the Interstate D.U.I. Transfer Form, but remains the
            responsibility of the client.

     D.     What are the sanctions for having a D.U.I. conviction outside of your home state?

            The client’s privilege to drive a motor vehicle in the State of West Virginia would
            be administratively suspended for the period of revocation relative to the number
            of offenses as referenced elsewhere in this questionnaire. Prior to the client’s
            consideration for reinstatement of licensing privileges within the State of West
            Virginia suspended as a result of a D.U.I. in another state, would require the client
            to satisfactorily complete the West Virginia D.U.I. Safety and Treatment
            Program. Criminal sanctions would also be the same.

V.   D.U.I. Countermeasures and State’s Responsible Authority

     A.     Briefly describe the other D.U.I. countermeasures and responsible authority in
            your state. Include public information, and education, M.A.D.D., enforcement,
            judicial, legislative, driver licensing, and program evaluation.
            The Division of Motor Vehicles has obtained grant funding for Fiscal Year 1997-
            1998, and continuation funding for Fiscal Year 1998-1999 for the Commission on
            Drunk Driving Prevention, West Virginia State Police for the project entitled:
            D.U.I. Prevention and Education for the First Time License Applicant. This
            funding has provided for the viewing of a D.U.I. educational video and
            dissemination of D.U.I./substance abuse educational and available treatment
            resources and contact persons to the first time license applicant in West Virginia.
            Individuals, following their completion of both the written and driver
            examinations, or all individuals about to receive their West Virginia Driver
            license for the first time are required to view an eighteen (18) minute video
            entitled: Drinking and Drugs: Driving While Under the Influence. License
            applicants are also provided D.U.I. related sanction information, education,
            intervention, and treatment resources available on a state and National basis as
            well as contact persons should assistance be needed. Other information
            distributed includes the effects of alcohol and other drugs upon the driving task,
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              the body, as well as material regarding body reactions at various B.A.C. levels.
              Victim impact Panels sponsored by West Virginia M.A.D.D. chapters are
              included as a portion of the Educational Component of the West Virginia D.U.I.
              Safety and Treatment Program. As a sanction newspapers often publish a list of
              D.U.I. offenders to the public. Sobriety checkpoints are implemented by the West
              Virginia State Police, as well as local law enforcement.

              The West Virginia Alcohol Test and Lock Device Program, directly monitored by
              the Division of Motor Vehicles, was established in the mid 1990's to afford
              individuals restrictive driving privileges whose licenses have been
              administratively suspended for Driving While Under the Influence of alcohol.
              This program is voluntary with the client required to maintain compliance with
              legislative rule, policy and procedure, specific to maintaining the device on the
              vehicle as per Chapter 17C-5A-3 of the West Virginia State Code. Such a
              program provides an additional monitoring tool specific to drinking and driving
              behaviors.

               Local substance abuse treatment providers offer alternative transportation for
              individuals to avert driving a vehicle under the influence. Alcohol establishment
              server training is sponsored by the West Virginia Alcoholic Beverage Control
              Commission.

              Because of recent regional jail overcrowding the West Virginia Legislature is
              examining alternative D.U.I. offender programming. Such alternative
              programming examples recommended to the Legislature by the State Program
              Coordinator included: Intensive Supervision Probation, Electronic Monitoring,
              Dedicated D.U.I. Detention Facilities, and Comprehensive twenty-eight (28) day
              Chemical Dependency Intervention/Treatment Programming. Other alternatives
              explored included vehicle forfeiture and impoundment, designated license plates.

The above information was compiled by the State of West Virginia, coordinated and printed by
the Florida Department of Highway Safety and Motor Vehicles, Bureau of Driver Education and
DUI Programs.

References included herein.




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