HB 0521

CHAPTER 243

HB 521-FN - FINAL VERSION

AN ACT relative to requiring treatment for persons convicted of DWI offenses.

SPONSORS: Rep. Tholl, Coos 02; Rep. Almy, Graf 18

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. Modifies certain DWI sentences and the conditions under which a person may be required to obtain treatment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to requiring treatment for persons convicted of DWI offenses.

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

243:1 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.~~]

243:2 Penalties for Intoxication or Under Influence of Drugs Offenses; Impaired Driver Intervention Program. Amend RSA 265:82-b, I to read as follows:

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

(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, or been required by a court or motor vehicle bureau to complete, an impaired driver intervention program or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of the multiple DWI offender intervention detention center program or an equivalent 7-day residential intervention program approved by the commissioner of health and human services; and

[~~(3)~~] (4) The person's driver's license or privilege to drive shall be revoked for not less than [~~90 days~~] 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow.

(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:

[~~(3)~~] (4) The person's driver's license or privilege to drive shall be revoked for not less than [~~1 year~~] 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) within 45 days after conviction, or as soon thereafter as any circumstances approved by the department of health of human services allow.

(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:

[~~(3)~~] (4) The person's driver's license or privilege to drive shall be revoked for not less than [~~1 year~~] 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by subparagraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow.

243:3 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.

(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 prior to license restoration.

(6) A [~~defendant~~] person who leaves the program before completion and fails to [~~complete the program~~] return and complete it as soon thereafter as extenuating circumstances approved by the department of health and human services allow, 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.

243:4 Penalties for Intoxication or Under Influence of Drugs Offenses; Third Offenses. Amend RSA 265:82-b, II(b)(2) to read as follows:

(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.

(3) A person who leaves the multiple DWI offender program before completion and fails to return and complete it as soon thereafter as extenuating circumstances approved by the department of health and human services allow, shall be in contempt of court and shall serve a minimum of 30 days in the county correctional facility.

243:5 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.

243:6 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~~] one year nor more than 3 years. [~~The license shall not be restored until the person has successfully completed a]~~ Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that within 45 days after conviction the person has entered the 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~~], commissioner of health and human services; as provided in RSA 172-B:2-b and RSA 263:65-a[~~, at the person's own expense~~]. The person's license shall not be restored until the person has successfully completed the program. The court may further order attendance at a residential treatment center, for a period not to exceed 30 days, at the person's own expense.

243:7 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.

243:8 New Paragraph; Attendance at Impaired Driver Intervention Program Required; Proof. Amend RSA 263:65-a by inserting after paragraph IV the following new paragraph:

V. A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has completed attendance at the I.D.I.P., the M.O.P., or an equivalent program. The presumption may be overcome by a hearing requested by the department, with notice to and an opportunity to be heard by the person, where the department shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.

243:9 New Subparagraph; Penalties for Intoxication or Under Influence of Drugs Offenses; Proof of Successful Completion of Program. Amend RSA 265:82-b, IV by inserting after subparagraph (c) the following new subparagraph:

(d) A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has completed attendance at the I.D.I.P., the M.O.P., or an equivalent program. The presumption may be overcome by a hearing requested by the department, with notice to and an opportunity to be heard by the person, where the department shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, July 8, 2003)