Section 2060.520  DUI Risk Education

a)         DUI risk education can be provided either in person or online, in accordance with the requirements of this Section.  The purpose of DUI risk education is to provide orientation regarding the impact of substance use on driving skill and to further explore the personal ramifications of substance use.

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

1)         If a DUI offender provides proof of income that meets the most recent guidelines adopted by DHS/SUPR, the organization shall bill the DDDPF through the eDSRS for reimbursement for the risk education.  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 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 fee for DUI risk education 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 proof of DUI risk education completion to the referring circuit court or to the offender for a SOS hearing.

5)         Proof of completion of DUI risk education 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 risk education.

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 risk education curriculum can be designed by the organization or be part of a nationally-recognized and standardized package designed to educate impaired drivers through classroom or online instruction.  The curriculum used shall be submitted to DHS/SUPR at the time of application for licensure, upon any curriculum modification or change in method of delivery, and at each renewal.  At a minimum, the curriculum shall contain the following:

1)         Physiological and pharmacological impact of alcohol and other substance use, including any residual impairment on driving performance;

2)         Information about alcohol and other frequently used drugs, legal and illegal, and how they contribute to the overall incidence of criminal justice cases, accidents and fatalities, domestic violence, etc.;

3)         The impact of all drugs, legal and illegal, and the immediate impact on driving when used separately or in combination with alcohol;

4)         A video or in-person presentation on victim impact;

5)         Information about SUDs and the impact on individuals and families including factors that influence the formation of patterns of use and the development of disorders;

6)         The impact of trauma, both past and present, and how that may affect substance use behavior;

7)         Information about current Illinois impaired driving laws and associated penalties and the Illinois Secretary of State hearing process for restricted driving privileges or full reinstatement;

8)         Information about treatment and recovery support services and how to contact them for any problem that may increase the risk for a future substance use-related difficulty; and

9)         A minimum of ten hours of instruction, divided into at least four sessions held on different days with no session exceeding three hours in length. Photo identification is required for each participant. Identity verification is required for online instruction. If online instruction is utilized, it shall include periodic quizzes or poll questions to ensure active participation.

d)         Audio-visual presentations shall not comprise more than 25% of the total class time.

e)         No more than 24 participants shall be permitted in any one class session.

f)         Written rules that address the following shall be developed and provided to each DUI offender upon enrollment:

1)         Criteria for enrollment;

2)         Criteria for involuntary termination;

3)         Responsibilities of the DUI offender regarding attendance and classroom or online etiquette and behavior;

4)         Sobriety and non-prescription drug use during class; and

5)         Course outline, content, and class schedule.

g)         Prior to enrollment in DUI risk education, the organization shall obtain a copy of the DUI offender's completed Alcohol and Drug Uniform Report indicating that risk education has been recommended.

h)         The organization that completed the evaluation or, if applicable, the early intervention, shall be notified in writing if information is discovered or disclosed while the DUI offender is enrolled in DUI risk education that indicates that the offender was not correctly evaluated and is in need of additional services.  This written notification shall also be made to the referring circuit court or the Illinois Office of the Secretary of State, as applicable.

i)          A pre- and post-test shall be administered to the DUI offender to assess the effectiveness of the service and any increase in knowledge.  The pre- and post-test format shall be submitted to DHS/SUPR at the time of application for licensure and at each renewal.  In all cases, the post-test to verify successful completion, as specified herein, shall be in person or administered using a remote or virtual secure live proctored format.

j)          The referring circuit court or the Illinois Office of the Secretary of State, as applicable, shall be notified within five calendar days when a DUI offender is involuntarily terminated from DUI risk education.  This information shall be communicated using the DHS/SUPR Notice of Involuntary Termination from DUI risk education form produced by eDSRS.

k)         In order to successfully complete DUI risk education, the DUI offender shall attend each session in its entirety and in proper sequence and achieve a score on the post-test of at least 75%.  Each DUI offender attending in-person shall sign an attendance verification for every class on the date attended and include the session number, topics, time, and duration of the session.  Organizations using an online curriculum shall have a method to obtain this same information for each session.

l)          Upon successful completion, a DUI Risk Education Certificate of Completion shall be issued to each DUI offender.  The certificate is produced by the eDSRS.  All sections of this certificate shall be completed and signed by the DUI risk education instructor.

m)        The DUI risk education instructor shall be available to provide testimony relative to the offender's participation in risk education when summoned by the referring circuit court, the Illinois Office of the Secretary of State, or as requested by the DUI offender or their attorney.

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

1)         A copy of the Alcohol and Drug Evaluation Uniform Report;

2)         The pre- and post-test specifying percentage scores;

3)         A copy of the DUI risk education certificate of completion;

4)         A copy of the Notice of Involuntary Termination from DUI Risk Education form, as applicable; and

5)         A copy of any written notification regarding a change in the risk level assignment and recommended intervention.