2000 Minnesota Statutes

     169A.70 Alcohol safety programs; chemical use 
  assessments. 

    Subdivision 1.    Alcohol safety programs; establishment. 
  (a) The county board of every county shall establish an 
 alcohol safety program designed to provide chemical use 
 assessments of persons convicted of an offense enumerated in 
 subdivision 2. 

    (b) County boards may enter into an agreement to establish 
 a regional alcohol safety program.  County boards may contract 
 with other counties and agencies for alcohol problem screening 
 and chemical use assessment services. 

    Subd. 2.    Chemical use assessment requirement.  A 
 chemical use assessment must be conducted and an assessment 
 report submitted to the court and to the department of public 
 safety by the county agency administering the alcohol safety 
 program when: 

    (1) the defendant is convicted of an offense described in 
 section 169A.20 (driving while impaired), 169A.31 
 (alcohol-related school bus and Head Start bus driving), or 
 360.0752 (impaired aircraft operation); or 

    (2) the defendant is arrested for committing an offense 
 described in clause (1) but is convicted of another offense 
 arising out of the circumstances surrounding the arrest. 

    Subd. 3.    Assessment report.  (a) The assessment 
 report must be on a form prescribed by the commissioner and 
 shall contain an evaluation of the convicted defendant 
 concerning the defendant's prior traffic record, characteristics 
 and history of alcohol and chemical use problems, and 
 amenability to rehabilitation through the alcohol safety 
 program.  The report is classified as private data on 
 individuals as defined in section 13.02, subdivision 12. 

    (b) The assessment report must include: 

    (1) a recommended level of care for the offender in 
 accordance with the criteria contained in rules adopted by the 
 commissioner of human services under section 254A.03, 
 subdivision 3 (chemical dependency treatment rules); 

    (2) recommendations for other appropriate remedial action 
 or care that may consist of educational programs, one-on-one 
 counseling, a program or type of treatment that addresses mental 
 health concerns, or a combination of them; or 

    (3) a specific explanation why no level of care or action 
 was recommended. 

    Subd. 4.    Assessor standards; rules; assessment time 
 limits.  A chemical use assessment required by this section 
 must be conducted by an assessor appointed by the court.  The 
 assessor must meet the training and qualification requirements 
 of rules adopted by the commissioner of human services under 
 section 254A.03, subdivision 3 (chemical dependency treatment 
 rules).  Notwithstanding section 13.82 (law enforcement data), 
 the assessor shall have access to any police reports, laboratory 
 test results, and other law enforcement data relating to the 
 current offense or previous offenses that are necessary to 
 complete the evaluation.  An assessor providing an assessment 
 under this section may not have any direct or shared financial 
 interest or referral relationship resulting in shared financial 
 gain with a treatment provider.  If an independent assessor is 
 not available, the court may use the services of an assessor 
 authorized to perform assessments for the county social services 
 agency under a variance granted under rules adopted by the 
 commissioner of human services under section 254A.03, 
 subdivision 3.  An appointment for the defendant to undergo the 
 assessment must be made by the court, a court services probation 
 officer, or the court administrator as soon as possible but in 
 no case more than one week after the defendant's court 
 appearance.  The assessment must be completed no later than 
 three weeks after the defendant's court appearance.  If the 
 assessment is not performed within this time limit, the county 
 where the defendant is to be sentenced shall perform the 
 assessment.  The county of financial responsibility must be 
 determined under chapter 256G. 

    Subd. 5.    Applicability to nonresident.  This section 
 does not apply to a person who is not a resident of the state of 
 Minnesota at the time of the offense and at the time of the 
 assessment. 

    HIST: 2000 c 478 art 1 s 38