Ill. Admin. Code tit. 77, § 2060.505 - DUI Risk Education
a) The
purpose of DUI risk education is to provide orientation to offenders regarding
the impact of alcohol and other drug use on individual behavior and driving
skills and to allow offenders to further explore the personal ramifications of
their own substance use and abuse.
b) DUI risk education services shall be
provided to any offender under the same terms and conditions regardless of
ability to pay.
1) If an offender provides
proof of indigence, in accordance with poverty guidelines established by the
U.S. Department of Health and Human Services and published in the Department's
annual Drunk and Drugged Driving Prevention Fund (DDDPF) billing manual, the
organization providing the risk education may bill for reimbursement for such
evaluation from the DDDPF. All such reimbursement shall be via a rate
established by the Department and in accordance with the Department's most
current fiscal year DDDPF billing manual.
2) Additionally, all reimbursement from the
DDDPF is subject to availability of funds. Organizations shall have an
alternative fee assessment and collection procedure for use should DDDPF
funding not be available. However, if the reimbursement from the DDDPF or any
additional fee assessed to the offender, as specified in subsection (b)(3) of
this Section, has not been received by the completion of services,
documentation of successful completion of risk education shall still be
released to the appropriate circuit court of venue or the Office of the
Secretary of State in accordance with this Section.
3) The organization may also assess a fee for
the risk education to an indigent DUI offender when the organization's standard
fee charged for risk education to a non-indigent DUI offender exceeds the rate
of reimbursement provided by the Department. In such cases, the amount assessed
to the offender shall not exceed the difference between the organization's
standard fee and the Department's rate.
4) Any organization choosing not to submit
reimbursement claims shall still provide services to indigent offenders in
accordance with this Part.
c) The risk education curriculum shall
include:
1) information on alcohol as a
drug;
2) physiological and
pharmacological effects of alcohol and other drugs, including their residual
impairment on normal levels of driving performance;
3) other drugs, legal and illegal, and their
effects on driving when used separately and/or in combination with
alcohol;
4) substance
abuse/dependence and the effect on individuals and families;
5) blood alcohol concentration (BAC) level
and its effect on driving performance;
6) information about Illinois driving under
the influence laws and associated penalties;
7) factors that influence the formation of
patterns of alcohol and drug abuse; and
8) information about referrals for services
that can address any identified problem that may increase the risk for future
alcohol/drug related difficulty.
d) Risk education courses shall include a
minimum of 10 hours of classroom instruction, divided into at least four
sessions held on different days. No session shall exceed three hours in
length.
e) A pre-test and post-test
shall be designed and administered to offenders to assess the effectiveness of
the service and any increase in knowledge in the curriculum areas. The pre-test
and post-test shall be submitted for review by the Department at the time of
application for licensure or license renewal.
f) In order to successfully complete risk
education, the offender shall attend each session in its entirety and in proper
sequence and achieve a score on the post-test of at least 75%.
g) Upon successful completion, a DUI Risk
Education Certificate of Completion shall be issued to each offender. The
certificate is produced by the DUI Service Reporting System (DSRS). All
sections of this form shall be complete and it shall be signed by the DUI Risk
Education Instructor.
h)
Audio-visual presentations shall not comprise more than 25% of the total class
time.
i) No more than 24
participants shall be permitted in any one class session.
j) Written rules shall be developed and
provided to each DUI offender upon enrollment, which address the following:
1) criteria for admission;
2) criteria for disqualification;
3) responsibilities of the DUI
offender;
4) sobriety and drug-free
requirements during class; and
5)
course outline, content and class schedule.
k) Prior to enrollment in risk education
classes, the DUI offender shall provide a copy of his or her completed Alcohol
and Drug Evaluation Uniform Report indicating that risk education has been
recommended.
l) The organization
that provided the evaluation or, if applicable, treatment service shall be
notified in the event that information is discovered or disclosed while the
offender is in risk education that indicates the offender was not correctly
evaluated and is in need of additional services. The notification shall also be
made to the circuit court of venue or the Office of the Secretary of State, if
applicable.
m) The circuit court of
venue or the Office of the Secretary of State, whichever is applicable, shall
be notified, within five calendar days, when a DUI offender is involuntarily
terminated from risk education. This information shall be communicated by using
the Department's Notice of Involuntary Termination from DUI Risk Education
form.
n) Each risk education
instructor shall be available to provide testimony relative to the offender's
participation in risk education when summoned by the circuit court of venue,
the Office of the Secretary of State or the DUI offender.
o) In addition to meeting the provisions
specified in Section
2060.325
of this Part, the following documents shall also be contained in the DUI
offender's record:
1) a copy of the Alcohol
and Drug Evaluation Uniform Report;
2) the pre- and post-test specifying
percentage scores;
3) a copy of the
DUI Risk Education Certificate of Completion;
4) a copy of Notice of Involuntary
Termination from DUI Risk Education form, if applicable; and
5) a copy of any notification regarding a
change in the risk level assignment and intervention.
Notes
Amended at 25 Ill. Reg. 11063, effective August 14, 2001
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