Section 62.04. Board responsibilities for the intoxicated driver program.

  Pursuant to authority under s. 51.42 , Stats., a board shall implement an intoxicated driver program in the board's geographic area. To implement the intoxicated driver program, the board shall do all of the following:

(1)  Designate a single intoxicated driver assessment facility that meets the qualifications and standards set forth under s. DHS 62.05 .

(2)  Designate driver safety plan providers who provide treatment to clients.

(3)  Implement written policies, procedures, and guidelines that address all of the following:

(a) Client records. Policies, procedures, and guidelines shall address all of the following:

1. Custodian of client records.

2. Confidentiality of client records. Policies, procedures, or guidelines shall be consistent with s. DHS 62.13 , ch. DHS 92 and applicable state and federal laws.

3. Client record retention and disposal.

4. Transfer of client records between agencies.

(b) Collaboration with and consultation to the courts, assessment facilities, out-of state assessment agencies, and driver safety plan providers.

(c) Fees that may be charged to clients under ch. DHS 1 and s. DHS 62.11 including notification to clients of the client's liability for fees.

(d) Client rights and appeals of assessments, driver safety plans, and reports of noncompliance.

(e) Conflict of interest guidelines.

(f) Client referrals to driver safety plan providers, to assessment facilities within the geographic area and other counties, and to out-of-state assessment agencies.

(g) Illegal discrimination by programs and staff.

(h) Training requirements.

(i) Assessments, including screening instruments and driver safety plans.

(j) Alternative education, including method for approvals.

(k) Procedures for assessments and driver safety plan services for persons referred from another board's geographic area, another state, or the Wisconsin department of corrections.

(L) Requests from assessment facilities to extend the time to conduct assessments or driver safety plans.

(4)  Establish an IPID committee, if appropriate.

(5)  Appoint a designated coordinator to be responsible for the intoxicated driver program on behalf of the board. The designated coordinator shall provide or arrange for all of the following:

(a) Participation in intoxicated driver program development, implementation and problem resolution.

(b) Consultation as needed to assessment facilities, driver safety plan providers, local traffic safety coordinators, clients, and the public as appropriate on board policy and procedures, requirements of this chapter, and fees.

(c) Information or assistance and consultation, to the courts which includes all of the following:

1. Informing the courts of the location, telephone number, and fees of the assessment facility.

2. Providing information about that board's assessment process that the court may use to inform adjudicated clients.

3. Making the court aware that the court's order should refer a Wisconsin resident directly to an assessment facility in the resident's county of residence, refer an individual without an established residence to the facility in the county of conviction, and refer an out–of–state resident to the facility in the county of conviction or to a Wisconsin border county facility when this is more convenient for the individual.

4. Informing the court about the use of the form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan.

5. Explaining to the court the confidential nature of reports and the need for client consent for disclosure.

(d) Facilitate an IPID committee if a committee is appointed by the board under sub. (4) .

(e) Receive and maintain assessment facility and driver safety plan provider policies and procedures.

(f) Approve all of the following:

1. Screening instruments, in addition to the WAID, used by assessment facilities.

2. In conjunction with the local traffic safety school coordinator, approve driver safety plans that recommend alternative education when factors such as the client's language, developmental disability, mental illness, cognitive deficit, illiteracy, or extreme hardship are present.

3. Requests by an assessment facility under s. DHS 62.07 (1) (a) for an extension of the time to complete the assessment and driver safety plan.

(g) Provide reports requested by the board.

(h) Train assessment facilities and driver safety plan providers on procedures of the intoxicated driver program.

History: CR 06-035 : cr. Register, November 2006, No. 611 , eff. 12-1-06; corrections in (3) (a) 2. and (c) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

Form MV 3632, Court Order for Intoxicated Driver Assessment and Driver Safety Plan can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc . Microsoft Windows NT 6.1.7601 Service Pack 1