Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1008.Alcohol and drug safety action program;
evaluation and supervision
of persons convicted of violation of 8-1567 or comparable city ordinance;
certification of programs; reports of chief judge; fees,
disposition.
(a) Community-based alcohol and drug safety action programs certified in
accordance with subsection (b) shall
provide:
(1) Presentence alcohol and drug evaluations of any person who is convicted
of a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute;
(2) supervision and monitoring of all persons who are convicted of
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
and whose sentences or terms of probation require completion of an alcohol
and drug safety action program,
as provided in this section, or an alcohol and drug abuse treatment program,
as provided in this section;
(3) alcohol and drug evaluations of persons whom the prosecutor considers
for eligibility or finds eligible to enter a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute;
(4) supervision and monitoring of persons required, under a diversion
agreement in lieu of further criminal proceedings on a complaint alleging
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
to complete an alcohol and drug safety action program, as provided in this
section, or an alcohol and drug abuse treatment program, as provided in
this section; or
(5) any combination of (1), (2), (3) and (4).
(b) The presentence alcohol and drug evaluation shall be conducted by
a community-based alcohol and drug safety action program certified in
accordance with
the provisions of this subsection to provide evaluation and
supervision services as described in subsections (c)
and (d). A community-based alcohol and drug safety action program shall
be certified either by the chief judge of the judicial
district
to be served by the program or by the secretary of social and rehabilitation
services for judicial districts in which the chief judge
declines
to certify a program.
In addition to any qualifications
established by the secretary, the
chief judge
may establish qualifications for the certification of
programs, which
qualifications may include requirements for training, education and
certification of personnel; supervision and monitoring of clients; fee
reimbursement procedures; handling of conflicts of interest; delivery of
services to clients unable to pay; and other matters relating to quality and
delivery of services by the program.
In establishing the qualifications for programs, the
chief judge or the secretary shall give preference to
those programs
which have had practical experience prior to July 1, 1982, in diagnosis
and referral in alcohol and drug abuse. Certification of a program by the
chief judge shall be done with consultation and approval
of a majority
of the judges of the district court of the district and municipal judges
of cities lying in whole or in part within the district. If within 60 days
after the effective date of this act the chief judge
declines to
certify any program for the judicial district, the judge shall notify the
secretary of social and rehabilitation services, and the secretary of social
and rehabilitation services shall certify
a community-based alcohol and drug safety action program for that judicial
district. The certification shall be for a four-year period. Recertification
of a program or certification of a different program shall be by the
chief
judge, with consultation and approval of a majority of the judges of the
district court of the district and municipal judges of cities lying in whole
or in part within the district.
If upon expiration of certification of a program there will be no certified
program for the district and the chief judge declines to
recertify
or certify any program in the district, the judge shall notify the secretary
of social and rehabilitation services, at least six months prior to the
expiration of certification, that the judge declines to recertify or certify
a program under this subsection. Upon receipt of the notice and prior to
the expiration of certification, the secretary shall recertify or certify
a community-based alcohol and drug safety action program for the judicial
district for the next four-year period. To be eligible for certification
under this subsection, the chief judge or the secretary
of social
and rehabilitation services shall determine that a community-based alcohol
and drug safety action program meets the qualifications established by the
judge
or secretary and is capable of providing, within the judicial
district: (1) The evaluations, supervision and monitoring required under
subsection (a); (2) the alcohol and drug evaluation report required under
subsection (c) or (d); (3) the follow-up duties specified under subsection
(c) or (d) for persons who prepare the alcohol and drug evaluation report;
and (4) any other functions and duties specified by law. Community-based
alcohol and drug safety action programs performing services in any judicial
district under this section prior to the effective date of this act may
continue to perform those services until a community-based alcohol and drug
safety action program is certified for that judicial district.
(c) A presentence alcohol and drug evaluation shall be conducted on any
person
who is convicted of a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute. The presentence
alcohol and drug evaluation report shall be made available to and shall
be considered by the court prior to sentencing. The presentence alcohol
and drug evaluation report shall contain
a history of the defendant's
prior traffic record, characteristics and alcohol or drug
problems, or both,
and a recommendation concerning the amenability of the defendant to
education and rehabilitation. The presentence
alcohol and drug evaluation report shall include a recommendation concerning
the alcohol and drug driving safety education and treatment for the defendant.
The presentence alcohol and drug evaluation report shall be prepared by
a program which has demonstrated practical experience in the diagnosis of
alcohol and drug abuse. The duties of persons who prepare the presentence
alcohol and drug evaluation report may also include appearing at sentencing
and probation hearings in accordance with the orders of the court, monitoring
defendants in the treatment programs, notifying the probation department
and the court of any defendant failing to meet the conditions of probation
or referrals to treatment, appearing at revocation hearings as may be required
and providing assistance and data reporting and program evaluation.
The cost of any alcohol and drug education, rehabilitation and treatment
programs for any person shall be paid by such person, and such costs shall
include, but not be limited to, the assessments required by subsection (e).
If financial obligations are not met or cannot be met,
the sentencing court shall be notified for the purpose of collection or
review and further
action on the defendant's sentence.
(d) An alcohol and drug evaluation shall be conducted on any person
whom the prosecutor considers for eligibility or finds eligible to enter
a diversion agreement in lieu of further criminal proceedings on a complaint
alleging a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute.
The alcohol and drug evaluation report shall be made available to the
prosecuting
attorney and shall be considered by the prosecuting attorney. The alcohol
and drug evaluation report shall contain a history of the person's prior
traffic record, characteristics and alcohol or drug problems, or both, and
a recommendation concerning the amenability of the person to education
and rehabilitation. The alcohol and drug evaluation report shall include
a recommendation concerning the alcohol and drug driving safety education
and treatment for the person. The alcohol and drug evaluation report shall
be prepared by a program which has demonstrated practical experience in
the diagnosis of alcohol and drug abuse. The duties of persons who prepare
the alcohol and drug evaluation report may also include monitoring persons
in the treatment programs, notifying the prosecutor and the court of any
person failing to meet the conditions of diversion or referrals to treatment,
and providing assistance and data reporting and program evaluation. The
cost of any alcohol and drug education, rehabilitation and treatment programs
for any person shall be paid by such person, and such costs shall include,
but not be limited to, the assessments required by subsection (e).
(e) In addition to any fines, fees, penalties or costs levied against
a person who is convicted of a violation of K.S.A. 8-1567, and
amendments
thereto, or the ordinance of a city in this state which prohibits the acts
prohibited by that statute, or who enters a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of that
statute or such an ordinance, $150 shall be assessed against
the
person by
the sentencing court or under the diversion agreement. The
$150
assessment
may be waived by the court, in whole or in part, or, in the case of
diversion of criminal
proceedings,
by the prosecuting attorney, if the
court or prosecuting attorney finds that the defendant is an indigent person.
Except as otherwise provided in this subsection, the clerk of the court
shall deposit all assessments received under this section in the alcohol
and drug safety action fund of the court, which fund shall be subject to
the administration of the judge having administrative authority over that
court. If the secretary of social and rehabilitation services certifies
the community-based alcohol and drug safety action program for the judicial
district in which the court is located, the clerk of the court shall remit,
during the four-year period for which the program is certified, 15% of all
assessments received under this section to the secretary of social and
rehabilitation
services. Moneys credited to the alcohol and drug safety action fund shall
be expended by the court, pursuant to vouchers signed by the judge having
administrative authority over that court, only for costs of the services
specified by subsection (a) or otherwise required or authorized
by law and provided by community-based alcohol and drug safety action programs,
except that not more than 10% of the money credited to the fund may be expended
to cover the expenses of the court involved in administering the provisions
of this section. In the provision of these services the court shall contract
as may be necessary to carry out the provisions of this section.
The district or municipal judge having administrative authority over that
court shall compile a
report and send such report to the office of the state judicial administrator on
or before January 20 of each year, beginning January 20, 1991. Such report
shall include, but not be limited to:
(1) The balance of the alcohol and drug safety action fund of the
court on December 31 of each year;
(2) the assessments deposited into the fund during the 12-month period
ending the preceding December 31; and
(3) the dollar amounts expended from the fund
during the 12-month period ending the preceding December 31.
The office of the state judicial administrator shall compile such reports
into a statewide report and submit such statewide report to the legislature
on or before March 1 of each year.
(f) The secretary of social and rehabilitation services shall remit
all moneys received by the secretary under this section to the state treasurer
in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such
remittance, the state treasurer
shall deposit the entire amount in the state treasury to
the
credit of the certification of community-based alcohol and drug safety
action programs
fee fund, which is hereby created. All expenditures from such fund shall
be made in accordance with appropriation acts upon warrants issued pursuant
to vouchers approved by the secretary of social and rehabilitation services
or a person designated by the secretary.
History: L. 1982, ch. 144, § 10; L. 1983, ch. 37, § 1;
L. 1985, ch. 51, § 1;
L. 1990, ch. 94, § 2;
L. 1994, ch. 350, § 1;
L. 1995, ch. 208, § 3;
L. 1999, ch. 57, § 1;
L. 2001, ch. 5, § 35;
L. 2001, ch. 200, § 4; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1008.Alcohol and drug safety action program;
evaluation and supervision
of persons convicted of violation of 8-1567 or comparable city ordinance;
certification of programs; reports of chief judge; fees,
disposition.
(a) Community-based alcohol and drug safety action programs certified in
accordance with subsection (b) shall
provide:
(1) Presentence alcohol and drug evaluations of any person who is convicted
of a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute;
(2) supervision and monitoring of all persons who are convicted of
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
and whose sentences or terms of probation require completion of an alcohol
and drug safety action program,
as provided in this section, or an alcohol and drug abuse treatment program,
as provided in this section;
(3) alcohol and drug evaluations of persons whom the prosecutor considers
for eligibility or finds eligible to enter a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute;
(4) supervision and monitoring of persons required, under a diversion
agreement in lieu of further criminal proceedings on a complaint alleging
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
to complete an alcohol and drug safety action program, as provided in this
section, or an alcohol and drug abuse treatment program, as provided in
this section; or
(5) any combination of (1), (2), (3) and (4).
(b) The presentence alcohol and drug evaluation shall be conducted by
a community-based alcohol and drug safety action program certified in
accordance with
the provisions of this subsection to provide evaluation and
supervision services as described in subsections (c)
and (d). A community-based alcohol and drug safety action program shall
be certified either by the chief judge of the judicial
district
to be served by the program or by the secretary of social and rehabilitation
services for judicial districts in which the chief judge
declines
to certify a program.
In addition to any qualifications
established by the secretary, the
chief judge
may establish qualifications for the certification of
programs, which
qualifications may include requirements for training, education and
certification of personnel; supervision and monitoring of clients; fee
reimbursement procedures; handling of conflicts of interest; delivery of
services to clients unable to pay; and other matters relating to quality and
delivery of services by the program.
In establishing the qualifications for programs, the
chief judge or the secretary shall give preference to
those programs
which have had practical experience prior to July 1, 1982, in diagnosis
and referral in alcohol and drug abuse. Certification of a program by the
chief judge shall be done with consultation and approval
of a majority
of the judges of the district court of the district and municipal judges
of cities lying in whole or in part within the district. If within 60 days
after the effective date of this act the chief judge
declines to
certify any program for the judicial district, the judge shall notify the
secretary of social and rehabilitation services, and the secretary of social
and rehabilitation services shall certify
a community-based alcohol and drug safety action program for that judicial
district. The certification shall be for a four-year period. Recertification
of a program or certification of a different program shall be by the
chief
judge, with consultation and approval of a majority of the judges of the
district court of the district and municipal judges of cities lying in whole
or in part within the district.
If upon expiration of certification of a program there will be no certified
program for the district and the chief judge declines to
recertify
or certify any program in the district, the judge shall notify the secretary
of social and rehabilitation services, at least six months prior to the
expiration of certification, that the judge declines to recertify or certify
a program under this subsection. Upon receipt of the notice and prior to
the expiration of certification, the secretary shall recertify or certify
a community-based alcohol and drug safety action program for the judicial
district for the next four-year period. To be eligible for certification
under this subsection, the chief judge or the secretary
of social
and rehabilitation services shall determine that a community-based alcohol
and drug safety action program meets the qualifications established by the
judge
or secretary and is capable of providing, within the judicial
district: (1) The evaluations, supervision and monitoring required under
subsection (a); (2) the alcohol and drug evaluation report required under
subsection (c) or (d); (3) the follow-up duties specified under subsection
(c) or (d) for persons who prepare the alcohol and drug evaluation report;
and (4) any other functions and duties specified by law. Community-based
alcohol and drug safety action programs performing services in any judicial
district under this section prior to the effective date of this act may
continue to perform those services until a community-based alcohol and drug
safety action program is certified for that judicial district.
(c) A presentence alcohol and drug evaluation shall be conducted on any
person
who is convicted of a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute. The presentence
alcohol and drug evaluation report shall be made available to and shall
be considered by the court prior to sentencing. The presentence alcohol
and drug evaluation report shall contain
a history of the defendant's
prior traffic record, characteristics and alcohol or drug
problems, or both,
and a recommendation concerning the amenability of the defendant to
education and rehabilitation. The presentence
alcohol and drug evaluation report shall include a recommendation concerning
the alcohol and drug driving safety education and treatment for the defendant.
The presentence alcohol and drug evaluation report shall be prepared by
a program which has demonstrated practical experience in the diagnosis of
alcohol and drug abuse. The duties of persons who prepare the presentence
alcohol and drug evaluation report may also include appearing at sentencing
and probation hearings in accordance with the orders of the court, monitoring
defendants in the treatment programs, notifying the probation department
and the court of any defendant failing to meet the conditions of probation
or referrals to treatment, appearing at revocation hearings as may be required
and providing assistance and data reporting and program evaluation.
The cost of any alcohol and drug education, rehabilitation and treatment
programs for any person shall be paid by such person, and such costs shall
include, but not be limited to, the assessments required by subsection (e).
If financial obligations are not met or cannot be met,
the sentencing court shall be notified for the purpose of collection or
review and further
action on the defendant's sentence.
(d) An alcohol and drug evaluation shall be conducted on any person
whom the prosecutor considers for eligibility or finds eligible to enter
a diversion agreement in lieu of further criminal proceedings on a complaint
alleging a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute.
The alcohol and drug evaluation report shall be made available to the
prosecuting
attorney and shall be considered by the prosecuting attorney. The alcohol
and drug evaluation report shall contain a history of the person's prior
traffic record, characteristics and alcohol or drug problems, or both, and
a recommendation concerning the amenability of the person to education
and rehabilitation. The alcohol and drug evaluation report shall include
a recommendation concerning the alcohol and drug driving safety education
and treatment for the person. The alcohol and drug evaluation report shall
be prepared by a program which has demonstrated practical experience in
the diagnosis of alcohol and drug abuse. The duties of persons who prepare
the alcohol and drug evaluation report may also include monitoring persons
in the treatment programs, notifying the prosecutor and the court of any
person failing to meet the conditions of diversion or referrals to treatment,
and providing assistance and data reporting and program evaluation. The
cost of any alcohol and drug education, rehabilitation and treatment programs
for any person shall be paid by such person, and such costs shall include,
but not be limited to, the assessments required by subsection (e).
(e) In addition to any fines, fees, penalties or costs levied against
a person who is convicted of a violation of K.S.A. 8-1567, and
amendments
thereto, or the ordinance of a city in this state which prohibits the acts
prohibited by that statute, or who enters a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of that
statute or such an ordinance, $150 shall be assessed against
the
person by
the sentencing court or under the diversion agreement. The
$150
assessment
may be waived by the court, in whole or in part, or, in the case of
diversion of criminal
proceedings,
by the prosecuting attorney, if the
court or prosecuting attorney finds that the defendant is an indigent person.
Except as otherwise provided in this subsection, the clerk of the court
shall deposit all assessments received under this section in the alcohol
and drug safety action fund of the court, which fund shall be subject to
the administration of the judge having administrative authority over that
court. If the secretary of social and rehabilitation services certifies
the community-based alcohol and drug safety action program for the judicial
district in which the court is located, the clerk of the court shall remit,
during the four-year period for which the program is certified, 15% of all
assessments received under this section to the secretary of social and
rehabilitation
services. Moneys credited to the alcohol and drug safety action fund shall
be expended by the court, pursuant to vouchers signed by the judge having
administrative authority over that court, only for costs of the services
specified by subsection (a) or otherwise required or authorized
by law and provided by community-based alcohol and drug safety action programs,
except that not more than 10% of the money credited to the fund may be expended
to cover the expenses of the court involved in administering the provisions
of this section. In the provision of these services the court shall contract
as may be necessary to carry out the provisions of this section.
The district or municipal judge having administrative authority over that
court shall compile a
report and send such report to the office of the state judicial administrator on
or before January 20 of each year, beginning January 20, 1991. Such report
shall include, but not be limited to:
(1) The balance of the alcohol and drug safety action fund of the
court on December 31 of each year;
(2) the assessments deposited into the fund during the 12-month period
ending the preceding December 31; and
(3) the dollar amounts expended from the fund
during the 12-month period ending the preceding December 31.
The office of the state judicial administrator shall compile such reports
into a statewide report and submit such statewide report to the legislature
on or before March 1 of each year.
(f) The secretary of social and rehabilitation services shall remit
all moneys received by the secretary under this section to the state treasurer
in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such
remittance, the state treasurer
shall deposit the entire amount in the state treasury to
the
credit of the certification of community-based alcohol and drug safety
action programs
fee fund, which is hereby created. All expenditures from such fund shall
be made in accordance with appropriation acts upon warrants issued pursuant
to vouchers approved by the secretary of social and rehabilitation services
or a person designated by the secretary.
History: L. 1982, ch. 144, § 10; L. 1983, ch. 37, § 1;
L. 1985, ch. 51, § 1;
L. 1990, ch. 94, § 2;
L. 1994, ch. 350, § 1;
L. 1995, ch. 208, § 3;
L. 1999, ch. 57, § 1;
L. 2001, ch. 5, § 35;
L. 2001, ch. 200, § 4; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1008.Alcohol and drug safety action program;
evaluation and supervision
of persons convicted of violation of 8-1567 or comparable city ordinance;
certification of programs; reports of chief judge; fees,
disposition.
(a) Community-based alcohol and drug safety action programs certified in
accordance with subsection (b) shall
provide:
(1) Presentence alcohol and drug evaluations of any person who is convicted
of a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute;
(2) supervision and monitoring of all persons who are convicted of
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
and whose sentences or terms of probation require completion of an alcohol
and drug safety action program,
as provided in this section, or an alcohol and drug abuse treatment program,
as provided in this section;
(3) alcohol and drug evaluations of persons whom the prosecutor considers
for eligibility or finds eligible to enter a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute;
(4) supervision and monitoring of persons required, under a diversion
agreement in lieu of further criminal proceedings on a complaint alleging
a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance
of
a city in this state which prohibits the acts prohibited by that statute,
to complete an alcohol and drug safety action program, as provided in this
section, or an alcohol and drug abuse treatment program, as provided in
this section; or
(5) any combination of (1), (2), (3) and (4).
(b) The presentence alcohol and drug evaluation shall be conducted by
a community-based alcohol and drug safety action program certified in
accordance with
the provisions of this subsection to provide evaluation and
supervision services as described in subsections (c)
and (d). A community-based alcohol and drug safety action program shall
be certified either by the chief judge of the judicial
district
to be served by the program or by the secretary of social and rehabilitation
services for judicial districts in which the chief judge
declines
to certify a program.
In addition to any qualifications
established by the secretary, the
chief judge
may establish qualifications for the certification of
programs, which
qualifications may include requirements for training, education and
certification of personnel; supervision and monitoring of clients; fee
reimbursement procedures; handling of conflicts of interest; delivery of
services to clients unable to pay; and other matters relating to quality and
delivery of services by the program.
In establishing the qualifications for programs, the
chief judge or the secretary shall give preference to
those programs
which have had practical experience prior to July 1, 1982, in diagnosis
and referral in alcohol and drug abuse. Certification of a program by the
chief judge shall be done with consultation and approval
of a majority
of the judges of the district court of the district and municipal judges
of cities lying in whole or in part within the district. If within 60 days
after the effective date of this act the chief judge
declines to
certify any program for the judicial district, the judge shall notify the
secretary of social and rehabilitation services, and the secretary of social
and rehabilitation services shall certify
a community-based alcohol and drug safety action program for that judicial
district. The certification shall be for a four-year period. Recertification
of a program or certification of a different program shall be by the
chief
judge, with consultation and approval of a majority of the judges of the
district court of the district and municipal judges of cities lying in whole
or in part within the district.
If upon expiration of certification of a program there will be no certified
program for the district and the chief judge declines to
recertify
or certify any program in the district, the judge shall notify the secretary
of social and rehabilitation services, at least six months prior to the
expiration of certification, that the judge declines to recertify or certify
a program under this subsection. Upon receipt of the notice and prior to
the expiration of certification, the secretary shall recertify or certify
a community-based alcohol and drug safety action program for the judicial
district for the next four-year period. To be eligible for certification
under this subsection, the chief judge or the secretary
of social
and rehabilitation services shall determine that a community-based alcohol
and drug safety action program meets the qualifications established by the
judge
or secretary and is capable of providing, within the judicial
district: (1) The evaluations, supervision and monitoring required under
subsection (a); (2) the alcohol and drug evaluation report required under
subsection (c) or (d); (3) the follow-up duties specified under subsection
(c) or (d) for persons who prepare the alcohol and drug evaluation report;
and (4) any other functions and duties specified by law. Community-based
alcohol and drug safety action programs performing services in any judicial
district under this section prior to the effective date of this act may
continue to perform those services until a community-based alcohol and drug
safety action program is certified for that judicial district.
(c) A presentence alcohol and drug evaluation shall be conducted on any
person
who is convicted of a violation of K.S.A.
8-1567, and amendments thereto, or the ordinance of a city in this state
which prohibits the acts prohibited by that statute. The presentence
alcohol and drug evaluation report shall be made available to and shall
be considered by the court prior to sentencing. The presentence alcohol
and drug evaluation report shall contain
a history of the defendant's
prior traffic record, characteristics and alcohol or drug
problems, or both,
and a recommendation concerning the amenability of the defendant to
education and rehabilitation. The presentence
alcohol and drug evaluation report shall include a recommendation concerning
the alcohol and drug driving safety education and treatment for the defendant.
The presentence alcohol and drug evaluation report shall be prepared by
a program which has demonstrated practical experience in the diagnosis of
alcohol and drug abuse. The duties of persons who prepare the presentence
alcohol and drug evaluation report may also include appearing at sentencing
and probation hearings in accordance with the orders of the court, monitoring
defendants in the treatment programs, notifying the probation department
and the court of any defendant failing to meet the conditions of probation
or referrals to treatment, appearing at revocation hearings as may be required
and providing assistance and data reporting and program evaluation.
The cost of any alcohol and drug education, rehabilitation and treatment
programs for any person shall be paid by such person, and such costs shall
include, but not be limited to, the assessments required by subsection (e).
If financial obligations are not met or cannot be met,
the sentencing court shall be notified for the purpose of collection or
review and further
action on the defendant's sentence.
(d) An alcohol and drug evaluation shall be conducted on any person
whom the prosecutor considers for eligibility or finds eligible to enter
a diversion agreement in lieu of further criminal proceedings on a complaint
alleging a violation of K.S.A. 8-1567, and amendments thereto, or the
ordinance
of a city in this state which prohibits the acts prohibited by that statute.
The alcohol and drug evaluation report shall be made available to the
prosecuting
attorney and shall be considered by the prosecuting attorney. The alcohol
and drug evaluation report shall contain a history of the person's prior
traffic record, characteristics and alcohol or drug problems, or both, and
a recommendation concerning the amenability of the person to education
and rehabilitation. The alcohol and drug evaluation report shall include
a recommendation concerning the alcohol and drug driving safety education
and treatment for the person. The alcohol and drug evaluation report shall
be prepared by a program which has demonstrated practical experience in
the diagnosis of alcohol and drug abuse. The duties of persons who prepare
the alcohol and drug evaluation report may also include monitoring persons
in the treatment programs, notifying the prosecutor and the court of any
person failing to meet the conditions of diversion or referrals to treatment,
and providing assistance and data reporting and program evaluation. The
cost of any alcohol and drug education, rehabilitation and treatment programs
for any person shall be paid by such person, and such costs shall include,
but not be limited to, the assessments required by subsection (e).
(e) In addition to any fines, fees, penalties or costs levied against
a person who is convicted of a violation of K.S.A. 8-1567, and
amendments
thereto, or the ordinance of a city in this state which prohibits the acts
prohibited by that statute, or who enters a diversion agreement in lieu
of further criminal proceedings on a complaint alleging a violation of that
statute or such an ordinance, $150 shall be assessed against
the
person by
the sentencing court or under the diversion agreement. The
$150
assessment
may be waived by the court, in whole or in part, or, in the case of
diversion of criminal
proceedings,
by the prosecuting attorney, if the
court or prosecuting attorney finds that the defendant is an indigent person.
Except as otherwise provided in this subsection, the clerk of the court
shall deposit all assessments received under this section in the alcohol
and drug safety action fund of the court, which fund shall be subject to
the administration of the judge having administrative authority over that
court. If the secretary of social and rehabilitation services certifies
the community-based alcohol and drug safety action program for the judicial
district in which the court is located, the clerk of the court shall remit,
during the four-year period for which the program is certified, 15% of all
assessments received under this section to the secretary of social and
rehabilitation
services. Moneys credited to the alcohol and drug safety action fund shall
be expended by the court, pursuant to vouchers signed by the judge having
administrative authority over that court, only for costs of the services
specified by subsection (a) or otherwise required or authorized
by law and provided by community-based alcohol and drug safety action programs,
except that not more than 10% of the money credited to the fund may be expended
to cover the expenses of the court involved in administering the provisions
of this section. In the provision of these services the court shall contract
as may be necessary to carry out the provisions of this section.
The district or municipal judge having administrative authority over that
court shall compile a
report and send such report to the office of the state judicial administrator on
or before January 20 of each year, beginning January 20, 1991. Such report
shall include, but not be limited to:
(1) The balance of the alcohol and drug safety action fund of the
court on December 31 of each year;
(2) the assessments deposited into the fund during the 12-month period
ending the preceding December 31; and
(3) the dollar amounts expended from the fund
during the 12-month period ending the preceding December 31.
The office of the state judicial administrator shall compile such reports
into a statewide report and submit such statewide report to the legislature
on or before March 1 of each year.
(f) The secretary of social and rehabilitation services shall remit
all moneys received by the secretary under this section to the state treasurer
in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such
remittance, the state treasurer
shall deposit the entire amount in the state treasury to
the
credit of the certification of community-based alcohol and drug safety
action programs
fee fund, which is hereby created. All expenditures from such fund shall
be made in accordance with appropriation acts upon warrants issued pursuant
to vouchers approved by the secretary of social and rehabilitation services
or a person designated by the secretary.
History: L. 1982, ch. 144, § 10; L. 1983, ch. 37, § 1;
L. 1985, ch. 51, § 1;
L. 1990, ch. 94, § 2;
L. 1994, ch. 350, § 1;
L. 1995, ch. 208, § 3;
L. 1999, ch. 57, § 1;
L. 2001, ch. 5, § 35;
L. 2001, ch. 200, § 4; July 1.
