(a) Misdemeanor Criminal Offenders. All persons convicted of a third DUI misdemeanor within five (5) years under W.S. § 31-5-233(e) shall receive, as part of a presentence report, a substance abuse assessment from a certified program in accordance with W.S. § 7-13-1302. Any person convicted of a fourth or subsequent DUI within five (5) years for a violation of W.S. § 31-5-233(e) has committed a felony and is subject to treatment as a qualified offender under Chapter 5, Section 1, under these rules.
(b) Description of Services. Programs providing substance abuse treatment services to clients in the criminal justice system must, in addition to applicable requirements, meet the following protocols. - (i) In addition to meeting the General Requirements of these rules and those sections applicable to the modality of treatment offered, a program may be certified to provide treatment to criminal offenders. The program is required to provide treatment that is identified as an evidence-based practice in the treatment of the criminal justice client. The program must assure that individual clients receive treatment and other interventions that specifically address the person's criminal behavior(s) and thinking. Such a program must also agree to comply with all court orders and cooperate with probation and parole agents in sharing information reasonably necessary for both to fulfill their obligations. Drug and alcohol testing shall be conducted with offenders in coordination with the legal system overseeing the client. Where possible, these programs shall use restorative justice principles in the individualized treatment plans of offenders.
- (ii) Treatment services are based on the Substance Abuse and Mental Health Services Administration (SAMHSA) Treatment Improvement Protocol 44 (TIP) Series publication, "Treatment of the Criminal Justice Client."
- (iii) Clients are required to provide written consent in compliance with 42 CFR, Part 2 and 45 CFR, Part 160 and 164, for the exchange of information between treatment programs and the corrections system. This release per 42 CFR, Part 2, does not require an expiration of the release due to criminal justice status. If a person refuses to sign the release, the program may deny services.
- (iv) The clinical staff persons providing treatment to criminal justice offenders shall demonstrate training, education, and knowledge in the treatment of the criminal population per TIP 44 Substance Abuse Treatment for Adults in the Criminal Justice System. This training shall be documented in the staff record with number of hours attended and who provided the training.
- (v) If the client fails to attend required treatment without permission as prescribed by the court, the program must notify the court or its representative within three (3) days of the client not showing.
- (vi) The program shall develop in collaboration with the court or its representative a case plan that identifies the roles and responsibilities of the client, program and court.
- (vii) Programs shall develop referral sources in the areas of: housing, employment, mental health, education, and other services, as required.