6mar02...2679h

4/11/02 3350s

2002 SESSION

02-2405

03/09

HOUSE BILL 1436-FN

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill:

I. Eliminates the prepayment prerequisite for certain persons required to attend the multiple DWI offender intervention detention center program.

II. Requires first-time DWI offenders to complete an impaired driver intervention program.

III. Establishes time prerequisites for treatment for certain DWI offenders required to obtain treatment.

This bill is a request of the committee established by 1999, 334.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6mar02...2679h

4/11/02 3350s

02-2405

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Alcoholism and Alcohol Abuse; Multiple DWI Offender Intervention Detention Center Program; Fees, Reports. Amend RSA 172-B:2-b, II-III to read as follows:

II. Any person who attends the 7-day multiple DWI offender intervention detention center program shall be required to pay the fees for confinement and intervention costs [prior to and as a prerequisite to admission into the program], except that prior payment shall not be required of any person [convicted on a second or subsequent offense pursuant to RSA 265:82-b, II or III]. The fees shall be sufficient to make the program self-supporting, exclusive of start-up costs. The fees collected shall be deposited in a special account in the office of the state treasurer and utilized as provided in RSA 172-B:2-c.

III. The state-operated 7-day multiple DWI offender intervention detention center program shall furnish to the courts a report indicating when a person has completed attendance at the program, and shall furnish to the division of motor vehicles, department of safety, a report indicating when a person who attends the program pursuant to RSA 265:82-b has successfully completed the program[. Included in that report shall be any recommendations for further] and treatment or involvement in a substance abuse program when appropriate and warranted. [The court, upon receipt of such report, may after a hearing order the defendant to follow the treatment recommendations at a court-approved treatment facility.]

2 Penalties for Intoxication or Under Influence of Drugs Offenses; Impaired Driver Intervention Program. Amend RSA 265:82-b, I to read as follows:

I. Except as otherwise provided in this section:

(a) Any person who is convicted of any offense under RSA 215-A:11, I or RSA 265:82 shall be:

(1) Guilty of a violation;

(2) Fined not less than $350;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of a multiple DWI offender intervention detention center program; and

[(3)] (4) The person's driver's license or privilege to drive shall be revoked for not less than 90 days and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(A) The full period of revocation has passed; or

(B) At least ½ the period of revocation has passed since the person has completed the exit interview at an impaired driver intervention center; provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, at least ½ the period of revocation shall have passed since the person has successfully completed a multiple DWI offender intervention detention center program.

(b) Any person who is convicted of any aggravated DWI offense under RSA 215-A:11, II, or RSA 265:82-a, except as provided in subparagraph (c), shall be:

(1) Guilty of a misdemeanor;

(2) Fined not less than $500;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of a multiple DWI offender intervention detention center program; and

[(3)] (4) The person's driver's license or privilege to drive shall be revoked for not less than 1 year and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(A) The full period of revocation has passed; or

(B) At least ½ the period of revocation has passed since the person has completed the exit interview at an impaired driver intervention center; provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, at least ½ the period of revocation shall have passed since the person has successfully completed a multiple DWI offender intervention detention center program.

(c) Any person who is convicted of aggravated DWI under RSA 215-A:11, II(a)(1) or II(b)(1), or RSA 265:82-a, I(b) or II(b), shall be:

(1) Guilty of a class B felony;

(2) Fined not less than $1,000;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of a multiple DWI offender intervention detention center program; and

[(3)] (4) The person's driver's license or privilege to drive shall be revoked for not less than [1] one year and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(A) The full period of revocation has passed; or

(B) At least ½ the period of revocation has passed since the person has completed the exit interview at an impaired driver intervention center; provided that, if the person has previously completed an impaired driver intervention program or any similar program in any jurisdiction, at least ½ the period of revocation shall have passed since the person has successfully completed a multiple DWI offender intervention detention center program.

3 Penalties for Intoxication or Under Influence of Drugs Offenses; Second Offense. Amend RSA 265:82-b, II(a)(3)-(6) to read as follows:

(3) The person shall be sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 172-B:2-b within 21 days after conviction [or at the end of the defendant's appeals period], except that in circumstances where the state-operated 7-day multiple DWI offender intervention detention center has no available space the person shall be assigned the first available space. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center program within 60 days after the person has completed serving the required 7 consecutive 24-hour periods at the center or such other time as the court may order.

(4) The person's driver's license or privilege to drive shall be revoked for not less than 3 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(A) The full period of revocation has passed; or

(B) At least ½ the period of revocation has passed since the person has completed serving the required 7 consecutive 24-hour periods at the center.

(5) The person shall pay a fee to the commissioner, as established under RSA 126-A:43, for the costs of the state-operated, 7-day multiple DWI offender intervention detention center program.

(6) A [defendant] person who fails to complete the program or who fails to begin following treatment recommendations within the time required by subparagraph II(a)(3) shall be in contempt of court and shall serve a minimum of 30 days in the county correctional facility.

4 Penalties for Intoxication or Under Influence of Drugs Offenses; Third and Subsequent Offenses. Amend RSA 265:82-b, II(b)-(d) to read as follows:

(b) For a third offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:

(1) The person's driver's license or privilege to drive shall be revoked indefinitely and shall not be restored for at least 5 years. At the end of the 5-year minimum revocation period the person may petition the court for eligibility to reapply for a driver's license and the court, for good cause shown, may grant such eligibility subject to such terms and conditions as the court may prescribe. Any untimely petition under this subparagraph shall be dismissed without a hearing. If such petition is granted and the person is otherwise eligible for license restoration, the person may then apply to the director for restoration of driver's license, but the license shall not be restored until the provisions of RSA 263:65-a and all other requirements under law are met. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(A) The full minimum period of revocation has passed; or

(B) At least ½ the minimum period of revocation has passed since the person has completed serving the required 7 consecutive 24-hour periods at the multiple DWI offender intervention detention center.

(2) If the person has completed the state-operated 7-day multiple DWI offender intervention detention center program as required under subparagraph (a)(3) upon conviction for a prior offense, the person shall be sentenced to [imprisonment for a period of] not less than 30 consecutive days of which 23 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 172-B:2-b, and the person shall complete at the person's own expense a residential treatment program of at least 28 days duration or an intensive course of substance abuse treatment based upon a formal evaluation by a licensed alcohol and other drug counselor and approved by the department of health and human services before the driver's license may be restored.

(c) For a fourth or subsequent offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(1) The full minimum period of revocation has passed; or

(2) At least ½ the minimum period of revocation has passed since the person has completed serving the required 7 consecutive 24-hour periods at the multiple DWI offender intervention detention center.

(d) For a third or subsequent offense when any prior offense under this paragraph is negligent homicide under RSA 630:3, II, or reasonably equivalent offense in an out-of-state jurisdiction, the person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 10 years. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(1) The full minimum period of revocation has passed; or

(2) At least ½ the minimum period of revocation has passed since the person has completed serving the required 7 consecutive 24-hour periods at the multiple DWI offender intervention detention center.

5 New Paragraph; Penalties for Intoxication or Under Influence of Drugs Offenses; Voluntary Treatment. Amend RSA 265:82-b by inserting after paragraph II the following new paragraph:

II-a. Voluntary completion of an impaired driver intervention program, or an appropriate equivalent, and commencement of treatment recommended by the program may be considered by a court when determining a sentence under this section.

6 Penalties for Intoxication or Under Influence of Drugs Offenses; Persons With Prior Convictions. Amend RSA 265:82-b, III to read as follows:

III. If any person is convicted of a violation of RSA 215-A:11, RSA 265:82, or RSA 265:82-a, and the conviction is not based upon a complaint which alleges prior convictions as provided in RSA 265:82-b, II, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person's driver's license or privilege to drive shall be revoked for not less than 180 days nor more than 3 years. The license shall not be restored until the person has successfully completed a 7-day program at the state-operated multiple DWI offender intervention detention center program or an equivalent 7-day residential intervention program approved by the director of the office of alcohol and drug abuse prevention, as provided in RSA 172-B:2-b and RSA 263:65-a, at the person's own expense. The court may order attendance at a residential treatment center, for a period not to exceed 30 days, at the person's own expense. The person's driver's license or privilege to drive shall not be restored until the later of the dates by which the following have occurred:

(a) The full minimum period of revocation has passed; or

(b) At least ½ the minimum period of revocation has passed since the person has spent the required 7 days at a residential intervention program.

7 New Paragraph; Alcoholism and Alcohol Abuse; Impaired Driver Intervention Programs; Requirements. Amend RSA 172-B:2-a by inserting after paragraph I-a the following new paragraph:

I-b. An impaired driver intervention program shall consist, at a minimum, of 20 hours of standardized educational curriculum and an exit interview.

8 Effective Date. This act shall take effect January 1, 2003.

LBAO

01-2405

Revised 2/4/02

HB 1436 FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: