Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0054 - Substance Abuse › Chapter 5 - SPECIAL POPULATIONS FOR SUBSTANCE ABUSE SERVICES › Section 5-2 - Criminal Justice Population, including Misdemeanor Criminal Offenders and Felony DUI Criminal Offenders under the Addicted Offenders Accountability Act

Current through July 13, 2024
(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.