RELATES TO:
KRS
189A.010,
189A.040
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
the Department for Behavioral Health, Developmental and Intellectual
Disabilities within the cabinet. The 2000 session of the General Assembly
enacted amendments to KRS Chapter 189A to specify penalties and service
requirements for persons under the age of twenty-one (21) years who are
convicted of being in control of a motor vehicle while having a blood alcohol
concentration between.02 and.08 grams of alcohol per 100 milliliters of blood,
or per 210 liters of breath.
KRS
189A.040(6) requires the
cabinet to promulgate administrative regulations for the licensure of education
and treatment facilities and programs for offenders receiving education or
treatment under
KRS
189A.040. This administrative regulation
establishes licensing requirements and standards for facilities and programs
that provide services to persons convicted of violating
KRS
189A.010(1)(e).
Section 1. Definitions.
(1) "AODE" means a nonmedical and
nonhospital-based alcohol and other drug abuse treatment entity licensed in
accordance with
908
KAR 1:370.
(2) "Case coordination" means facilitating
the provision of court-ordered services to an offender, including communicating
with other service providers and the court.
(3) "Prevention assessment" means a process
designed to separate a person who requires substance abuse prevention services,
from a person who needs a referral to an AODE, by the administration of an
assessment tool which has been validated for use with the population being
served.
(4) "Preventionist" means
an individual or certified prevention professional who receives remuneration
for an alcohol or other drug prevention program.
(5) "Prevention program" means a holder of a
license issued in accordance with
908
KAR 1:380.
(6) "Qualified early intervention specialist"
means a preventionist who:
(a) Specializes in
providing services to an individual who is at higher risk for developing a
substance abuse disorder, than the individual's age group cohort; and
(7) "Risk-reduction curriculum" means a
curriculum that has been demonstrated to promote behavioral change that halts
progression toward substance dependency, and reduces risk for other alcohol or
drug-related problems, in specified target populations.
(8) "Zero tolerance offender" or "offender"
means a person who has been convicted of violating
KRS
189A.010(1)(e), and has been
sentenced in accordance with
KRS
189A.040(1).
(9) "Zero tolerance program" or "program"
means a prevention program which provides court-ordered substance abuse
services to a person who is convicted of violating
KRS
189A.010(1)(e), in
accordance with this administrative regulation.
Section 2. License Requirement.
(1) An individual or other entity shall not
provide a zero tolerance program, unless the program is operated by a licensed
prevention program.
(2) An AODE may
provide the substance abuse services recommended by a zero tolerance program,
based on the assessment required by Section 3 of this administrative
regulation, if a zero tolerance program refers an offender to the
AODE.
Section 3.
Offender Enrollment Process.
(1) A program
shall perform a prevention assessment on an offender who:
(a) Is ordered by a court to attend a zero
tolerance program; or
(b) Requests
enrollment in the program.
(2) A zero tolerance program shall notify an
offender, in writing, and prior to enrollment, of the rules established in
accordance with Section 4 of this administrative regulation.
(3) A zero tolerance program shall enroll an
offender who:
(a) Agrees in writing, to
participate in the program;
(b)
Authorizes the program, in writing, to disclose information to the sentencing
court, including:
1. The results of a
prevention assessment;
2. The
offender's compliance, or non-compliance with program rules;
3. The date of completion of the program, if
applicable; and
4. Other
information required by an order of the sentencing court; and
(c) Agrees, in writing, to comply
with the program rules established in accordance with Section 4 of this
administrative regulation.
Section 4. Program Rules.
(1) A zero tolerance program shall establish
written rules for participation in the program which specify:
(a) Requirements for attendance, including
attendance at services provided by an AODE, if a referral is made in accordance
with Section 5(2) of this administrative regulation;
(b) Requirements for payment of fees, in
accordance with
KRS
189A.040(1)(b);
(c) Standards for enrollment in the
program;
(d) Standards for
successful completion of the program;
(e) Rules of conduct;
(f) Procedures for sharing information with
the sentencing court or its designee;
(g) Procedures for payment of a
fee;
(h) A requirement for an
offender to authorize an AODE to disclose information needed by the zero
tolerance program; and
(i) Other
requirements, which are not inconsistent with the requirements of
KRS
189A.040, or this administrative regulation,
that the program determines to be necessary for the orderly and effective
administration of the program.
(2) A zero tolerance program shall establish
criteria for involuntary discharge from the program, for violation of program
rules.
(3) A program that
discharges an offender in accordance with the criteria required by subsection
(2) of this section, shall notify the sentencing court, in writing of:
(a) The date the offender is discharged;
and
(b) The criteria for
involuntary discharge that the offender met.
(4) The notice required by subsection (3) of
this section shall be made no later than three (3) days after the decision is
made to discharge the offender.
Section 5. Services Required.
(1) A zero tolerance program shall provide
the following services:
(a) Prevention
assessment;
(b) Case
coordination;
(c) Preventive
education; and
(d) Referral to an
AODE, if indicated by the results of a prevention assessment.
(2) If a zero tolerance program
makes a referral in accordance with subsection (1)(d) of this section, it
shall:
(a) Notify the offender of the results
of the prevention assessment;
(b)
Provide the offender with a list of AODE programs which are geographically
accessible to the offender; and
(c)
Provide the offender with a written referral to:
1. The AODE the offender prefers, if an
offender states a preference, from the programs identified in paragraph (b) of
this subsection; or
2. An AODE on
the list specified in paragraph (b) of this subsection, if the offender does
not state a preference.
(3) An offender shall:
(a) Enroll in an AODE identified in
subsection (2)(b) of this section no later than seven (7) days after the date
of the referral; and
(b) Notify the
zero tolerance program of the name of the AODE in which the offender
enrolls.
(4) The zero
tolerance program shall, no later than seven (7) days after the date of the
referral made in accordance with subsection (2)(c) of this section, contact the
program identified in subsection (3)(b) of this section, to determine if the
offender is enrolled in that program.
(5) A zero tolerance program shall assure
that offenders under the age of eighteen (18) receive services provided
separately from services provided to individuals who are convicted of violating
KRS
189A.010(a), (b), (c), or
(d).
Section 6. Standards for Required Services.
(1) A prevention assessment shall be
performed by a qualified early intervention specialist who shall be:
(a) Employed by the zero tolerance program;
or
(b) Under contract to the zero
tolerance program.
(2)
Preventive education services shall be provided:
(a) In accordance with a risk-reduction
curriculum validated as effective for persons under twenty-one (21) years of
age, who are at a higher risk than the general public for developing a
substance abuse disorder; and
(b)
By an individual who has been authorized, in writing, to use the curriculum, by
the author of the curriculum.
(3) A zero tolerance program shall:
(a) Use the written or visual material,
included in a curriculum identified in subsection (2)(a) of this section,
unless the use of other material has been approved, in writing, by the author
of the curriculum, or the Behavioral Health, Developmental and Intellectual
Disabilities; and
(b) Follow the
sequence of presentation specified in the curriculum used, if a sequence is
specified in the curriculum, unless the author of the curriculum grants
approval, in writing, to deviate from the specified sequence.
(4) A zero tolerance program shall
provide case coordination services to a zero tolerance offender who is
enrolled, including an offender who is referred to an AODE.
(5) Case coordination shall be performed by a
qualified early intervention specialist.
(6) Case coordination shall include:
(a) A review of an offender's progress once
every two (2) weeks; and
(b)
Provision of the reports required by
KRS
189A.040(7).