37.27.515    CHEMICAL DEPENDENCY EDUCATIONAL COURSES: REQUIRED SERVICES

(1) The process for assessment shall be as follows:

(a) a minimum of three assessment/evaluation instruments must be utilized and cross-referenced as part of the assessment process. Assessment instruments are as defined in ARM 37.27.502;

(b) a minimum of two individual assessment interview sessions with a certified chemical dependency counselor must be documented in the assessment process;

(c) based on the results of the assessment process, the offender will be classified as misuser/no patterns, abuser, chemically dependent or unidentified. The results of the assessment must be documented in the offender's file; and

(d) an evaluation and recommendation report must be submitted by a certified chemical dependency counselor to the sentencing court if a first DUI/per se/UDD offender is diagnosed as chemically dependent and recommended for treatment or the DUI/per se/UDD offender has a second or subsequent offense.

(i) The report must include the assessment instruments utilized, results of the testing, problem indicators, assignment to one of the four assessment categories (i.e., misuser/no patterns, abuser, chemically dependent or unidentified) , and recommendation for treatment and corresponding rationale based on patient placement criteria as defined in ARM 37.27.120 which determines appropriate level of care.

(ii) A MDD offender diagnosed as chemically dependent will be referred back to the court with a treatment recommendation. Compliance with treatment is contingent upon the court's approval of the treatment recommendation.

(2) The process for recommending treatment shall be as follows:

(a) If a DUI/per se/MDD/UDD offender is assessed as chemically dependent or is a repeat DUI/per se/UDD offender, recommendations for treatment must be developed by the program counselor in accordance with state approved patient placement rules. The offender may disagree with the program recommendations and seek an independent assessment from a certified chemical dependency counselor. The determination from this assessment must be based on diagnosis and patient placement rules adopted by the department of public health and human services. Offenders must be advised of this right by the program.

(b) Following completion of the assessment, the certified chemical dependency counselor will submit an evaluation/recommendation report to the sentencing court which includes a determination of the appropriate model of treatment based upon state approved placement criteria. Treatment recommendations may include inpatient with aftercare, intensive outpatient with aftercare or outpatient scheduled at least once per week.

(c) Pursuant to 61-8-732 , MCA, the sentencing court must order compliance with treatment recommendations in the case of first DUI/per se/UDD offenders assessed as chemically dependent or repeat DUI/per se/UDD offenders. When the offender has disagreed with recommendations and obtained a second opinion, the sentencing court shall order the appropriate level of treatment as determined by one of the counselors.

(d) The offender may attend the approved assessment/ education and/or treatment program of the offender's choice. The approved program or certified chemical dependency counselor accepting an ACT program referral to treatment must notify the sentencing court upon completion of treatment, or upon an offender's failure to complete.

(e) Copies of the evaluation and recommendation report must be documented in the offender's file and given to the offender.

(f) A sentencing court or counselor may not require attendance at a self-help program unless the meeting is defined as "open" by the self-help program.

History: Sec. 53-24-204, 53-24-208 and 53-24-209, MCA; IMP, Sec. 45-9-208, 45-10-108, 61-8-714, 61-8-722 and 61-8-732, MCA; NEW, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502.