Section 2060.510  DUI Evaluation

 

a)         The purpose of the DUI evaluation is to conduct an initial screening to obtain significant and relevant information from a DUI offender about the nature and extent of the use of alcohol and other drugs, in order to:

 

1)         Identify the offender's risk to public safety for the referring circuit court or the Illinois Office of the Secretary of State (SOS); and

 

2)         Make a recommendation of intervention, treatment, or a combination thereof for the DUI offender to the referring circuit court or SOS.

 

b)         DUI evaluation services shall be provided to any offender, regardless of ability to pay, in accordance with 20 ILCS 301/50-20 as follows:

 

1)         If an offender provides proof of income that meets the federal poverty income guidelines issued annually by the U.S. Department of Health and Human Services and adopted by DHS/SUPR, the organization shall bill the Drunk and Drugged Driving Prevention Fund (DDDPF) through the eDSRS for reimbursement of the evaluation.  Acceptable documents to prove income include, but are not limited to, the most recent income tax return or any documents attesting to any change in status from the last income tax filing, such as payroll stubs, proof of unemployment, or verification of disability or Medicaid coverage.

 

2)         Reimbursement from the DDDPF is subject to availability of funds.  If notified by DHS/SUPR that funding from the DDDPF is not available, organizations shall identify, on the fee schedule required in Section 2060.345, the amount that will be assessed to the DUI offender and the collection procedure.

 

3)         The fee schedule shall also specify the amount that may be assessed to the DUI offender if the organization's standard evaluation fee exceeds the DHS/SUPR rate of reimbursement from the DDDPF; however, the assessed amount shall not exceed the difference between the organization's standard fee and the DHS/SUPR reimbursement rate.

 

4)         In all cases, if reimbursement from the DDDPF or from the DUI offender who has proven inability to pay is not received by completion of the service, the organization shall still release the evaluation to the referring circuit court or to the offender for an SOS hearing.

 

5)         Evaluations can be held by the organization for any DUI offender who has not proven inability to pay and who refuses to pay the cost of the evaluation.

 

6)         Organizations choosing not to submit reimbursement claims from DDDPF shall still provide services to DUI offenders with proven inability to pay in accordance with this Part and the organization shall bear the cost of the service.

 

c)         The DUI evaluation shall include the ability to observe client behavior.  The identity of the client and the significant other, if interviewed, shall be verified through picture identification.

 

d)         Each DUI offender shall be provided the DHS/SUPR brochure that explains the DUI evaluation process and it shall be read by or to the offender prior to the initiation of the service.  Each DUI offender shall also be provided a standard form, produced by the DHS/SUPR eDSRS, that is for DUI offender informed consent and that, in addition to the specifications required in Section 2060.360, contains the following:

 

1)         States that any information provided by the DUI offender will be released to the referring circuit court, the Office of the Secretary of State and DHS/SUPR, and that no offender consent is required for this disclosure;

 

2)         Identification by the DUI offender of where they obtained any previous evaluations as a result of the most current DUI offense and to provide a copy of those evaluations, if completed; and

 

3)         A signature line for the DUI offender that, by signature, indicates understanding of the DUI evaluation process and disclosure requirements.  A copy of this form shall be placed in the DUI offender's client record.

 

e)         If the DUI offender refuses to sign informed consent or provide copies of other completed evaluations, written notice of that refusal shall be sent to the referring circuit court or to the Office of the Secretary of State, as applicable, and the evaluation process shall be terminated.

 

f)         The organization shall have written policy and procedure to ensure the prohibition of disclosure of any DUI evaluation to any other party other than the DUI offender, the circuit court, the Illinois Office of Secretary of State, and DHS/SUPR without the written consent of the DUI offender.

 

g)         The interview, to obtain the necessary information to complete the evaluation, shall be structured and scheduled to ensure that, prior to completion, the following occurs:

 

1)         Collection of a comprehensive chronological history of alcohol and or other drug use from first use to present, including all prescription and over-the-counter medications, and exposure to intoxicating compounds and illicit drugs.  The frequency and pattern of use by type and amount shall be identified as well as any change in the use pattern and the reason for the change.  Collection of this information shall be obtained in a format separate from the Alcohol and Drug Evaluation Uniform Report and available for DHS/SUPR review upon request;

 

2)         A determination of the extent to which the alcohol and or drug use has caused marital, family, legal, social, emotional, vocational, physical, or economic distress or impairment;

 

3)         An analysis of the DUI offender's verbal description of:

 

A)        Alcohol and drug related legal history, driving history (all offenses), and any related alcohol or drug use or other chemical test results and the type of alcohol or other drugs that resulted in all arrests, including the most recent DUI arrest;

 

B)        History of alcohol or other drug evaluations or screenings, SUD treatment, and recovery support involvement, including self-help groups;

 

C)        Family history of SUDs and use of alcohol and or other drugs;

 

D)        Alcohol- and drug-related criminal record;

 

E)        History of any arrests or convictions for boating under the influence (BUI) or snowmobiling under the influence (SUI); and

 

F)         Any rescinded statutory summary suspensions and any other dismissed alcohol- and drug-related driving arrests and the reasons for the rescinded action or dismissal.  This information shall be considered as part of the overall analysis of the DUI offender's history, but shall not be used or substituted for the alcohol- and drug-related driving dispositions specified in subsection (g)(4)(B) in determining a risk level.

 

4)         An analysis of:

 

A)        Objective test results from either the Driver Risk Inventory (DRI), the Adult Substance Use and Driving Survey-Revised for Illinois (ASUDS-RI), or any other test approved for use by DHS/SUPR in accordance with Section 2060.305;

 

B)        The DUI offender's current driving record, as documented on the Alcohol/Drug-Related Driving Offenses summary form from the Office of the Secretary of State or a copy of the actual Court Purposes driving abstract supplied to the referring circuit court by the Office of the Secretary of State; and

 

C)        The Law Enforcement Sworn Report (issued to the DUI offender at the time of the arrest for DUI) that identifies the chemical test result, BAC, or the refusal to submit to chemical testing relative to the most current DUI arrest.

 

h)         Based upon all information obtained during the evaluation, the organization shall determine the DUI offender's risk to public safety.  The assignment of risk is considered an initial finding that may be subject to change whenever additional information is obtained during any subsequent evaluation.  The risk assignment shall be minimal, moderate, significant, or high, as follows:

 

1)         Minimal Risk: The offender has:

 

A)        No prior convictions or court-ordered supervisions for DUI, BUI, or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction or court-ordered supervision reduced from DUI, BUI, or SUI.  This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; and

 

B)        A BAC of less than .15, as a result of the most current DUI, BUI, or SUI arrest; and

 

C)        No identified pattern of alcohol- or drug-impaired driving; and

 

D)        No other symptoms of a substance use disorder.

 

2)         Moderate Risk:  The offender has:

 

A)        No prior convictions or court-ordered supervisions for DUI, BUI, or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction or court-ordered supervision reduced from DUI, BUI, or SUI.  This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record;

 

B)        A BAC of .15 to .19 or an implied consent refusal, as a result of the most current DUI, BUI, or SUI arrest; or

 

C)        At most, one symptom of a substance use disorder.

 

3)         Significant Risk:  The offender has:

 

A)        Prior to the must current offense, one prior conviction or court-ordered supervision for DUI, BUI, or SUI, or one prior statutory summary suspension, or one reckless driving conviction, or court-ordered supervision reduced from DUI, BUI, or SUI.  This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; and

 

B)        A BAC of .20 or higher, as a result of the most current arrest for DUI, BUI, or SUI; or

 

C)        Two or three symptoms of a substance use disorder.

 

4)         High Risk:  The offender has:

 

A)        Prior to the most current offense, any combination of two or more of the following alcohol or drug-related offenses: court-ordered convictions or court-ordered supervisions for DUI, BUI, or SUI or prior statutory summary suspensions or reckless driving convictions or supervisions reduced from DUI, BUI, or SUI that arise out of separate incidents.  This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; or

 

B)        Four or more symptoms of a substance use disorder.

 

i)          After a determination of risk, a corresponding intervention shall be recommended; however, the recommendation shall be viewed as the minimum necessary and, as such, not the determinate intervention.  Any subsequent information relevant to the DUI offender's substance use, impaired driving, or arrest history discovered during the DUI offender's participation in risk education or early intervention shall be considered pertinent in formulating a recommendation for further services necessary to reduce the risk to public safety.  Initially, the following interventions for each risk level shall be selected and recommended:

 

1)         Minimal Risk:  Successful completion of a minimum of ten hours of DUI risk education, as defined in Section 2060.520.

 

2)         Moderate Risk:  Successful completion of a minimum of ten hours of DUI risk education, as defined in Section 2060.520; a minimum of 12 hours of SUD early intervention from an organization authorized in accordance with the specifications in Section 2060.110 and, as further defined in Section 2060.405, provided no more than three hours per day over a minimum of four weeks; successful completion of any and all additional recommended early intervention or treatment and, as applicable, ongoing participation in all activities specified in the continuing care plan.

 

3)         Significant Risk:  Successful completion of a minimum of ten hours of DUI risk education, as defined in Section 2060.520; successful completion of a minimum of 20 hours of SUD treatment from an organization authorized in accordance with the specifications in Section 2060.110 and, as further defined in Section 2060.410 and, upon completion of all recommended treatment and, after discharge, active on-going participation in all activities specified in the continuing care plan.

 

4)         High Risk:  Successful completion of a minimum of 75 hours of SUD treatment from an organization authorized in accordance with the specifications in Section 2060.110 and as further defined in Section 2060.410; successful completion of all recommended treatment and, after discharge, ongoing participation in all activities specified in the continuing care plan.

 

j)          A summary of the DUI evaluation, the assigned risk level, and the corresponding intervention shall be documented on the DHS/SUPR Alcohol and Drug Evaluation Uniform Report which is produced by the eDSRS.  All sections of this form shall be complete and signed by the evaluator and the DUI offender.  The eDSRS is the only mechanism that shall be used to produce the Alcohol and Drug Evaluation Uniform Report and, other than original signatures, shall have no other handwritten information on the report.  Handwritten information invalidates the Uniform Report and it cannot be used for the purposes described herein.  If it is necessary to submit additional information other than that contained on the Uniform Report, a separate addendum signed by the evaluator can be attached to the Uniform Report.

 

k)         Upon completion of the evaluation:

 

1)         A copy of the Alcohol and Drug Evaluation Uniform Report containing original signatures shall be provided to the DUI offender upon completion of payment or as otherwise specified in subsection (b)(4).

 

2)         Any DUI offender that receives a recommendation of SUD early intervention or treatment shall be referred for the appropriate service to an organization authorized in accordance with the specifications in Section 2060.110 and as further defined in Sections 2060.405 and 2060.410.

 

3)         Any DUI offender that receives a recommendation of DUI risk education shall be referred to an organization authorized for this service by DHS/SUPR.

 

4)         All DUI offenders shall verify that they have been shown, prior to referral, a list of appropriately-licensed organizations that can deliver the recommended intervention, unless being shown a referral list is contrary to local court rules.  This verification of conflict-free choice of organizations shall be by DUI offender signature on the DHS/SUPR Referral List Verification form.

 

l)          The evaluation is complete when all of the information required in subsections (a) through (k) has been obtained and the Alcohol and Drug Evaluation Uniform Report is signed by the DUI offender.  The Alcohol and Drug Evaluation Uniform Report shall be provided directly to the referring circuit court unless another repository is specified by court rule.

 

m)        Evaluations shall be scheduled and completed so that the Alcohol and Drug Evaluation Uniform Report can be sent directly to the referring circuit court at least five calendar days prior to the DUI offender's court date unless otherwise specified by court rule.

 

n)         The evaluator shall be available to provide testimony relative to the DUI evaluation when summoned by the circuit court.

 

o)         The referring circuit court or the Office of the Secretary of State, whichever is applicable, shall be notified by the evaluator within five calendar days when a DUI offender does not complete or refuses to sign the evaluation or does not return to sign the evaluation after 30 calendar days from date of last contact.  This information shall be communicated using the DHS/SUPR Notice of Incomplete/Refused DUI Evaluation form.  A copy of the incomplete or refused evaluation or partial narrative format shall be attached to the form.

 

p)         In addition to the requirements specified in Section 2060.370, the following documents shall also be contained in the DUI offender's record:

 

1)         A copy of the DUI offender's Alcohol and Drug Evaluation Uniform Report and narrative information documented on a format that supports the conclusions in the Uniform Report;

 

2)         A copy of the Driver Risk Inventory (DRI) or the ASUDS-RI test;

 

3)         Documentation to support any subsequent change in risk assignment or intervention;

 

4)         A copy of the Informed Consent Release form;

 

5)         Documentation of the DUI offender's driving record and any chemical test or refusal results;

 

6)         a copy of the Notification of Incomplete/Refused Evaluation form, if applicable; and

 

7)         a copy of the Referral List Verification form.