Bill Text: IA SSB3008 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act establishing a statewide chemical substance abuse monitoring pilot program.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-11 - Voted - Judiciary. [SSB3008 Detail]
Download: Iowa-2015-SSB3008-Introduced.html
Senate
Study
Bill
3008
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
establishing
a
statewide
chemical
substance
abuse
1
monitoring
pilot
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5149XC
(2)
86
ns/nh
S.F.
_____
Section
1.
STATEWIDE
CHEMICAL
SUBSTANCE
ABUSE
MONITORING
1
PILOT
PROGRAM.
2
1.
The
department
of
public
safety,
in
collaboration
3
with
the
governor’s
traffic
safety
bureau,
may
approve
an
4
application
from
a
county
for
a
countywide
chemical
substance
5
abuse
monitoring
pilot
program
that
is
available
twenty-four
6
hours
per
day,
seven
days
per
week,
in
an
effort
to
reduce
the
7
number
of
crimes
that
have
a
nexus
with
chemical
substance
8
abuse.
9
2.
A
chemical
substance
abuse
monitoring
pilot
program
10
shall
do
all
of
the
following:
11
a.
Require
a
person
who
has
been
charged
with,
pled
guilty
12
to,
or
been
convicted
of
a
crime
that
has
a
nexus
with
chemical
13
substance
abuse
to
abstain
from
all
chemical
substances
for
14
a
period
of
time.
However,
this
paragraph
does
not
apply
to
15
a
person
who
has
been
charged
with,
pled
guilty
to,
or
been
16
convicted
of
a
first
offense
of
operating
while
intoxicated
17
in
violation
of
section
321J.2
or
321J.2A
where
the
person’s
18
alcohol
concentration
was
lower
than
.15
and
no
accident
19
resulting
in
personal
injury
or
property
damage
occurred.
20
b.
Require
the
person
to
be
subject
to
testing
to
determine
21
whether
a
chemical
substance
is
present
in
the
person’s
body
22
in
the
following
manner:
23
(1)
At
least
twice
per
day
at
a
central
location
where
an
24
immediate
sanction
can
be
applied.
25
(2)
Where
testing
under
subparagraph
(1)
is
impractical,
by
26
continuous
transdermal
or
electronic
monitoring.
27
c.
Apply
sanctions
when
test
results
definitively,
and
28
without
presumption,
indicate
the
presence
of
chemical
29
substances.
30
d.
Require
a
person
participating
in
the
program
to
pay
31
program
costs,
including
costs
of
installation,
monitoring,
and
32
deactivation
of
any
testing
devices.
33
3.
A
court
in
a
county
that
has
established
a
pilot
program
34
pursuant
to
this
section
may
order
a
defendant,
as
a
condition
35
-1-
LSB
5149XC
(2)
86
ns/nh
1/
3
S.F.
_____
of
pretrial
release,
probation,
or
bond,
to
participate
in
the
1
program.
2
4.
An
approved
pilot
program
shall
begin
on
October
1,
2016,
3
or
upon
the
effective
date
of
department
rules,
whichever
is
4
earlier,
and
shall
be
conducted
for
a
minimum
of
one
year.
5
5.
The
department
of
public
safety
shall
adopt
rules
6
pursuant
to
chapter
17A
to
implement
this
section
including
7
but
not
limited
to
provisions
relating
to
applications
for,
8
approval
of,
costs
of,
and
oversight
of
the
pilot
programs
and
9
reporting
requirements
for
participating
counties.
10
6.
The
department
of
public
safety
shall
pursue
federal
11
funding
opportunities
for
the
chemical
substance
abuse
12
monitoring
pilot
programs.
Implementation
of
the
programs
13
shall
be
contingent
on
the
availability
of
funding.
14
7.
The
department
of
public
safety
shall
submit
a
report
on
15
the
results
of
the
pilot
programs
and
make
recommendations
to
16
the
general
assembly
by
December
15,
2017.
17
8.
For
the
purposes
of
this
section,
“chemical
substance”
18
means
alcohol,
wine,
spirits,
and
beer
as
defined
in
section
19
123.3
and
controlled
substances
as
defined
in
section
124.101.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
establishes
a
statewide
chemical
substance
abuse
24
monitoring
pilot
program.
The
bill
allows
the
department
of
25
public
safety,
in
collaboration
with
the
governor’s
traffic
26
safety
bureau,
to
approve
applications
from
counties
for
27
countywide
chemical
substance
abuse
monitoring
pilot
programs.
28
The
programs
are
to
be
available
24
hours
per
day,
seven
days
29
per
week,
in
an
effort
to
reduce
the
number
of
crimes
that
have
30
a
nexus
with
chemical
substance
abuse.
“Chemical
substance”
31
includes
alcohol,
wine,
spirits,
beer,
and
controlled
32
substances
as
those
terms
are
defined
in
the
Code.
33
The
programs
shall
require
persons
charged
with
or
convicted
34
of
a
crime
involving
chemical
substance
abuse
to
abstain
35
-2-
LSB
5149XC
(2)
86
ns/nh
2/
3
S.F.
_____
from
all
chemical
substances
for
a
period
of
time.
However,
1
persons
with
a
first
offense
of
operating
while
intoxicated
2
where
the
person’s
alcohol
concentration
was
lower
than
.15
and
3
no
accident
resulting
in
personal
injury
or
property
damage
4
occurred
are
excluded.
The
programs
shall
also
require
testing
5
to
determine
whether
a
chemical
substance
is
present
at
least
6
twice
per
day
at
a
central
location
where
an
immediate
sanction
7
can
be
applied
or,
where
such
testing
is
impractical,
by
8
continuous
transdermal
or
electronic
monitoring.
The
programs
9
shall
apply
sanctions
when
test
results
definitively
indicate
10
the
presence
of
a
chemical
substance.
The
programs
shall
11
require
participants
to
pay
program
costs.
12
A
court
in
a
county
that
has
established
a
pilot
program
13
may
order
a
defendant,
as
a
condition
of
pretrial
release,
14
probation,
or
bond,
to
participate
in
the
program.
15
Approved
pilot
programs
shall
begin
October
1,
2016,
or
16
upon
the
effective
date
of
department
rules,
whichever
is
17
earlier,
and
shall
be
conducted
for
a
minimum
of
one
year.
The
18
department
of
public
safety
is
to
adopt
rules
to
implement
the
19
programs,
including
but
not
limited
to
provisions
relating
to
20
applications
for,
approval
of,
costs
of,
and
oversight
of
the
21
pilot
programs
and
reporting
requirements
for
participating
22
counties.
The
department
is
also
directed
to
pursue
federal
23
funding
opportunities
for
the
programs.
Implementation
of
the
24
programs
shall
be
contingent
on
the
availability
of
funding.
25
The
department
is
directed
to
submit
a
report
on
the
results
26
of
the
pilot
programs
and
make
recommendations
to
the
general
27
assembly
by
December
15,
2017.
28
-3-
LSB
5149XC
(2)
86
ns/nh
3/
3
