Section 62.07. Assessments and driver safety plans.

 

(1)   General assessment and driver safety plan provisions.

(a) The assessment facility shall complete and submit the intoxicated driver assessment and driver safety plan to the Wisconsin department of transportation; the designated coordinator; the driver safety plan provider; and the client within 14 calendar days of an order by the court or by the Wisconsin department of transportation for an assessment and driver safety plan, or voluntary submission of an individual for an assessment and driver safety plan. The assessment facility shall obtain the client's informed written consent to release information before the assessment and driver safety plan are submitted to the parties specified and ensure that the assessment findings and the driver safety plan are restricted for use only by these parties.

(b) The assessment facility and the client may make a written request to the designated coordinator for an extension of up to 20 additional working days of the time for completing and submitting an assessment and driver safety plan as required under par. (a) . The designated coordinator shall notify the department of transportation upon granting an extension.

(c) Driver safety plan recommendations shall be supported by assessment findings, documented on form MV 3633, Driver Safety Plan Order, and made in accordance with the policies and procedures established by the assessment facility under s. DHS 62.05 (1) (a) .

(d) Unless amended under sub. (7) , driver safety plans shall have a termination date that is no longer than one year from the date of the client's signature on the driver safety plan.

(e) Each client shall be permitted and encouraged to participate in the development of the client`s driver safety plan and selection of an appropriate plan provider.

(f) The driver safety plan shall be signed and dated by the client, stating that the client has reviewed the plan and is aware of the plan.

(g) Each driver safety plan shall designate one or more driver safety plan providers.

(h) A driver safety plan recommending treatment under sub. (5) (b) to (d) shall recommend the least restrictive treatment. The screening procedures under s. DHS 75.03 (10) may be used to develop the driver safety plan recommendation if the finding is one of the findings in sub. (4) (b) 2. to 5.

(i) Driver safety plans may include an assessor's recommendation for driver licensing action only as it relates to a client's use of alcohol or other drugs. Driver safety plans may include a recommendation for license denial until plan completion if there is a documented reason to believe the client will not participate in the driver safety plan to completion or that the client will drive while intoxicated.

(2)   Conducting an assessment. Only an intoxicated driver assessor may conduct assessments and develop driver safety plans. The assessment facility shall follow the board's procedures for registering clients and notify the client orally and in writing of all of the following before conducting an assessment:

(a) The appeal procedures under s. DHS 62.15 .

(b) Applicable policies of the assessment facility.

(c) The client's liability for fees under s. DHS 62.11 .

(3)   Method of assessment.

(a) The principal method for assessment shall be a personal interview with the client using the Wisconsin assessment of the impaired driver tool. The WAID may not be copied or distributed.

(b) Assessments may include information provided by other persons; review of relevant records or reports on the client; an interview using substance use disorder diagnostic criteria; an approved mental health screening tool; and additional information-gathering measures, instruments, and tests, including alcohol or drug testing, or lab tests deemed to be clinically useful and approved by the designated coordinator.

(4)   Assessment findings.

(a) Assessment findings shall be documented on form MV 3634, Order for Assessment and Driver Safety Plan Report, and include all of the following:

1. The applicable assessment finding as specified in par. (b) and a description of the information and WAID criteria that support the finding.

2. A description of the evaluation instruments applied during the assessments.

3. A description of any supplemental information obtained during the assessment.

(b) Assessment findings shall be any one of the following:

1. Irresponsible use of alcohol, controlled substance, controlled substance analog, or other drug.

2. Irresponsible use-borderline of alcohol, controlled substance, controlled substance analog, or other drug.

3. Suspected alcohol, controlled substance, controlled substance analog, or other drug dependency.

4. Alcohol, controlled substance, controlled substance analog or other drug dependency.

5. Alcohol, controlled substance, controlled substance analog or other drug dependency in remission.

(5)   Driver safety plan recommendations.

(a) Traffic safety education recommendations.

1. `Finding of irresponsible use.' If an assessment finding for a client is irresponsible use of alcohol, a controlled substance, a controlled substance analog, or other drug, the driver safety plan recommendation shall be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Alternative education driver safety plan recommendations shall have the prior approval of the local traffic safety school coordinator and the designated coordinator in the client's county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5) . If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.

2. `Finding of irresponsible use-borderline.' If the assessment finding for a client is irresponsible use-borderline of alcohol, a controlled substance, controlled substance analog, or other drug, the driver safety plan recommendation may be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Driver safety plans recommending alternative education shall be approved by the local traffic safety school coordinator and the designated coordinator in the client's county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5) . If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.

(b) Treatment and other service recommendations.

1. `Finding of irresponsible use-borderline.' If the assessment finding for a client is irresponsible use-borderline of alcohol, a controlled substance, controlled substance analog, or other drug, the driver safety plan may recommend short-term outpatient substance abuse treatment under s. DHS 75.13 .

2. `Finding of suspected dependency.' If the assessment finding for a client is suspected alcohol, controlled substance, controlled substance analog, or other drug dependency, the driver safety plan shall recommend substance abuse treatment that does not include residential or inpatient services under s. DHS 75.10 , 75.11 , or 75.14 .

3. `Finding of dependency.' If the assessment finding for a client is alcohol, controlled substance, controlled substance analog, or other drug dependency, the driver safety plan shall recommend substance abuse treatment under ss. DHS 75.10 to 75.15 . If residential or inpatient services are recommended, the residential or inpatient services may not exceed 30 days.

4. `Finding of dependency in remission.' If the assessment finding for a client is suspected alcohol, controlled substance, controlled substance analog, or other drug dependency in remission, the driver safety plan shall recommend substance abuse treatment.

(c) Recommendations for traffic safety school and treatment. A driver safety plan may recommend a combination of traffic safety school and treatment for assessment findings specified under sub. (4) (b) 2. to 5.

(d) Other recommendations. In addition to the recommendations under pars. (a) to (c) , a driver safety plan may recommend any of the following:

1. Victim impact panel involvement. "Victim impact panel" means a component of a driver safety plan that is designed to create awareness in the client of the effects of his or her offense on a victim and the victim's family.

2. Case management as described under s. DHS 75.16 (6) if a treatment service is also recommended.

3. Intensive supervision as described under s. DHS 75.16 (7) if a treatment service is also recommended.

4. Mental health or psychiatric evaluation or services. Mental health or psychiatric evaluation or services recommendations shall have the prior authorization of a licensed psychiatrist, psychologist, clinical social worker, marriage and family therapist, professional counselor, or a master's level psychiatric advanced practice nurse.

5. Follow–up interviews with the assessment facility for clients who may need to be re-evaluated because of the validity of the client's responses during the initial assessment, the adequacy of a client's driver safety plan, or a driver safety plan recommendation for reassessment.

(6)   Referrals.

(a) Information to the client. Before a client is referred to a plan provider, the assessment facility shall do all of the following:

1. Give the client a list of approved driver safety plan providers that are located in the geographic area served by the board to assist the client in choosing a plan provider. The client shall be asked to acknowledge in writing that the client has been given information about approved driver safety plan providers.

2. Give the client information about the client's responsibilities under s. DHS 62.10 and the fee information for assessment and driver safety plan programs under s. DHS 62.11 .

3. Ensure that the assessment findings and the driver safety plan information that will be distributed to a plan provider is the same information distributed to the client.

(b) Non-resident drivers. Clients who are non-residents of Wisconsin shall be referred to a comparable intoxicated driver assessment and driver safety plan program in the person's state of residence. The client shall request that the assessment agency in the client's state of residence furnish verification of compliance with the assessment to the Wisconsin department of transportation within 60 days after the date of conviction. The client shall have up to one year after the date of their original assessment to comply with the driver safety plan, unless an extension is requested under sub. (7) (c) .

(c) Notification to plan providers. When a client is referred to a driver safety plan provider, the assessment facility shall do all of the following:

1. Provide a copy of the assessment findings and driver safety plan to each plan provider designated under the driver safety plan.

2. If the driver safety plan provider provides a treatment service under ss. DHS 75.10 to 75.15 , the plan provider shall be notified of all of the following:

a. That the client is to be evaluated so that the client's treatment plan may be individualized as directed by s. 51.45 (9) (d) , Stats., and s. DHS 75.03 (13) .

b. That the use of self–help groups such as Alcoholics Anonymous, Narcotics Anonymous or Women for Sobriety are permitted to supplement the individualized treatment plan services for clients with assessment findings listed under sub. (4) (b) 3. to 5. Participation in any one of these activities may not be a required element of an individualized treatment plan, nor may lack of participation be used as a basis for filing a noncompliance report.

c. The process under which the driver safety plan may be updated or amended.

(7)   Driver safety plan amendments.

(a) A driver safety plan may be amended within the one year driver safety plan time period under any one of the following circumstances:

1. The assessment facility, a plan provider, or an ignition interlock device report identifies additional information that may warrant a reassessment or additional driver safety plan services.

2. An individualized treatment plan becomes substantially different from the driver safety plan.

3. The driver safety plan is not completed within the one-year driver safety plan time period and an extension is granted by the Wisconsin department of transportation.

(b) Amended plans require informed written client consent to release information. A client may appeal under s. DHS 62.15 if the client disagrees with the amended plan.

(c) Amended plans must stay within the one year driver safety plan time period from the original assessment unless an extension has been granted by the Wisconsin department of transportation. An extension of the one year driver safety plan period shall be requested by the assessment facility before expiration of the client's one year driver safety plan period.

(d) If one year has lapsed since the original assessment and the driver safety plan is not completed, a reassessment of the client shall be conducted and a new driver safety plan period, not to exceed one year, begins with the reassessment.

(e) Amended assessment and driver safety plan reports shall be submitted to the parties listed under sub. (1) (b) .

History: CR 06-035 : cr. Register, November 2006, No. 611 , eff. 12-1-06; corrections in (1) (h), (5) (a) 1. c., 2. c., (b), (d) 2., 3. and (6) (c) 2. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

The requirements for completing and distributing the assessment and driver safety plan that is set forth under par. (a), including the specified time limits, are mandated by the legislature under s. 343.30 (1q) (c) 3. , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of form MV 3633, Driver Safety Plan Order 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 Board registration procedures can be found in the board's information system manuals, handbooks and policy directives. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of form MV 3634, Order for Assessment and Driver Safety Plan Report 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 A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 340.01 (23v) , Stats., defines "ignition interlock device" as a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited alcohol concentration. Microsoft Windows NT 6.1.7601 Service Pack 1