N.H. Admin. Code § He-A 507.01

Current through Register No. 45, November 7, 2024

Section He-A 507.01 - IDCMP Intake

(a) There shall be an initial one-on-one intake between the client and IDCMP staff.

(b) The initial intake shall include the following steps:

(1) Each client shall provide the IDCMP with the following documentation:

a. A current original certified copy of the client's driver's license record from all of the following, as applicable:

1. The State of New Hampshire department of safety, division of motor vehicles;

2. The state in which the client holds a driver's license, if a non-resident; and

3. Any state in which the client has been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or other drugs;

b. The department of safety notice of suspension/revocation action indicating the conviction;

c. Superior or district court orders;

d. Chemical test results, if any were performed, or documentation of the client's refusal to submit to chemical tests;

e. A copy of the client's arrest report and arrest narrative relating to conviction; and

f. Documentation of proof of completion of a department-approved impaired driver education program if such a program has been completed within the past 5 years prior to the client's latest conviction;

(2) Screening of first-time offenders, as described in He-A 507.02, and if screened positive for a likelihood of a substance use disorder, scheduling of a substance use disorder evaluation, which may be conducted on the same day as the intake and screening;

(3) Substance use disorder evaluation of individuals convicted of an aggravated, second, or subsequent DWI offense;

(4) Referral to or scheduling attendance at an IDEP if the client has not provided proof of completion of a department-approved impaired driver education program within the past 5 years prior to the client's conviction;

(5) Notice to the client of the reduced fee options available to them, pursuant to He-A 505.02, including obtaining the client's written acknowledgment that such notice has been given;

(6) Notice to the client of the opportunity to enroll in the ATR program, including obtaining the client's written acknowledgment that such notice has been given;

(7) Securing client release(s) of information;

(8) Receiving from the client the per client fee described in He-A 505.03; and

(9) Entering client information into the WITS system.

(c) Failure to provide the documentation in (b) (1) a., b., d., and e. above:

(1) Shall not prevent the intake process from being conducted;

(2) Shall prevent a finding from being made as a result of the screening in He-A 507.02;

(3) Shall prevent a finding from being made as a result of the evaluation in He-A 507.03 and a service plan from being finalized per He-A 507.03(h) until such documentation is provided; and

(4) Shall prevent a completion report from being sent per He-A 507.08 until such documentation is provided.

(d) Failure to provide the documentation in (b) (1) f. above:

(1) Shall not prevent the intake process from being conducted; and

(2) Shall prevent a completion report from being sent per He-A 507.08 until such documentation is provided or the client completes an impaired driver education program.

(e) Failure to provide the per client fee in (b) (8) above shall prevent the intake from being conducted.

(f) Notice of subsequent scheduled appointments shall be provided to the client in writing.

(g) For each client the IDCMP shall provide notification to the client's prosecutor and the DMV, as follows:

(1) For non-aggravated, first time offenders who have screened negative, within 5 business days of the negative finding being made, the results of the screening; and

(2) For aggravated, second, or subsequent DWI offenders and for non-aggravated, first time offenders who have screened positive, within 5 business days of the evaluation resulting in a negative finding or within 5 business days of the discussion with the client of the results of the evaluation when there is a positive finding, the results of the screening and the results of the evaluation.

N.H. Admin. Code § He-A 507.01

#10240, eff 1-1-13