Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.11 - Participating Jurisdiction Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program requirements.
As
			 a participating jurisdiction of the 24/7 program, the participating
			 jurisdiction shall:
a. Designate the law
			 enforcement agency or third-party provider that will administer, implement and
			 enforce the 24/7 program. More than one law enforcement agency or third-party
			 provider may be designated.
b.
			 Provide one or more locations for testing persons who are participating in the
			 24/7 program for the presence of alcohol or a controlled substance.
c. Ensure that each designated location is
			 available at least twice per day, seven days per week for persons to be tested,
			 during hours designated by the law enforcement agency.
d. Ensure that personnel who administer tests
			 and collect bodily specimens for testing at the location have all required
			 training and certifications to use or operate the testing equipment or
			 devices.
e. Provide testing
			 equipment and devices.
f. Designate
			 the law enforcement agency that will be responsible to collect program fees
			 from persons subject to testing and use program fees to pay for the
			 participating jurisdiction's costs to administer the program and purchase or
			 maintain testing equipment and devices.
g. Provide for and apply immediate sanctions
			 for failed tests.
h. Provide for
			 and apply timely sanctions for failed tests.
i. Provide test results to the court,
			 prosecutor, and person's attorney and also provide test results and other
			 required program information to the program data management system.
j. Provide for one or more alternative
			 testing methods, if such methods have been approved by the commissioner, in
			 cases of persons for whom testing at least twice per day creates a documented
			 hardship or is geographically impractical.
k. Designate the law enforcement agency to
			 establish and maintain a 24/7 program account, place all program fees collected
			 into the account and use the funds in the account only for the purposes of
			 administering and operating the 24/7 program, including but not limited to
			 paying for the services of a third-party provider. The funds in the account
			 shall be considered public funds and shall be subject to the rules and policies
			 of the state auditor's office.
l.
			 Establish a program that is administered by the law enforcement agency to
			 accept public or private grant funds, gifts, or donations and use the funds
			 received to support program activities, including but not limited to the
			 payment of fees for indigent persons. The funds collected under this program
			 shall be deposited and held in the 24/7 program account.
m. Provide reports to the department as
			 required.
n. Ensure that an audit
			 of the 24/7 program account is conducted at least annually and make the audit
			 report available to the department upon request.
o. Maintain sufficient security protocols to
			 protect the personal information of persons subject to testing from
			 unauthorized use.
p. Be approved by
			 the department as a participating jurisdiction.