SB 293 — Adding grievance and appellate procedures and judicial review for participants in DHHR safety and treatment program

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Red = new code to be enacted WEST virginia Legislaturelegislature regular session IntroducedCommittee Substitute for Senate Bill 293 By Senators Rucker, Azinger, Clements, Gaunch, Maynard, and Cline [Introduced[Originating Januaryin 16,the 2018;Committee on Health and Human Resources;

referredReported on February 14, 2018]     A BILL to amend and reenact §17C-5A-3 of the CommitteeCode onof West Virginia, 1931, as amended, relating to the addition of grievance and appellate procedures and judicial review for individuals participating, or who have participated, in the Department of Health and Human Resources;Resources’ safety and treatment program;

and thenauthorizing to the CommitteeSecretary on the Judiciary] A BILL to amend and reenact §17C-5A-3 of the CodeDepartment of WestHealth Virginia,and 1931,Human asResources amended, relating to thepromulgate additionrules ofto grievanceadd andsuch appellate procedures and judicial review for individualsparticipants participating,of or who have participated, in the Department of Health and Human Resources’ safety and treatment program;program.

and authorizing the Secretary of the Department of Health and Human Resources to promulgate a rule(s) to add such procedures and judicial review for participants of the safety and treatment program.

(a) The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse shall administer a comprehensive safety and treatment program for persons whose licenses have been revoked under the provisions of this article or §17C-5-7 or §17B-3-5(6) and shall also establish the minimum qualifications for mental health facilities, day report centers, community correction centerscenters, or other public agencies or private entities conducting the safety and treatment program:

(b) The program shall include, but not be limited to, treatment of alcoholism, alcohol and drug abuse, psychological counseling, educational courses on the dangers of alcohol and drugs as they relate to driving, defensive drivingdriving, or other safety driving instruction and other programs designed to properly educate, traintrain, and rehabilitate the offender.

The account shall be administered by the Secretary of the Department of Health and Human Resources for the purpose of administering the comprehensive safety and treatment program established by subsection (a) of this section.section §17C-5A-3 (a) of this code.

(2) If the department determined that a participant is an indigent based upon criteria established pursuant to the legislative rule authorized by this section, the department shall provide the applicant with proof of its determination regarding indigence, which proof,proof the applicant shall present to the interlock provider as part of the application process provided in section three-a §17C-5A-3a of this article code and/or the rules promulgated pursuant thereto.

(1) When the period of revocation is six6 months, the license to operate a motor vehicle in this state may not be reissued until:

(A) At least ninety90 days have elapsed from the date of the initial revocation, during which time the revocation was actually in effect;

(2) When the period of revocation is for a period of one1 year or for more than a year, the license to operate a motor vehicle in this state may not be reissued until:

Notwithstanding any provision in this code, a person whose license is revoked for refusing to take a chemical test as required by section seven, article five of this chapter §17C-5-7 of this code for a first offense is not eligible to reduce the revocation period by completing the safety and treatment program.

(A) At least ten10 years have elapsed from the date of the initial revocation, during which time the revocation was actually in effect;

(h) (1) The Department of Health and Human Resources, Division of Alcoholism and Drug Abuse shall provide for the preparation of an educational program for each person whose license has been suspended for sixty60 days pursuant to the provisions of §17C-5A-2(n).

The educational program shall consist of not less than twelve12 nor more than eighteen18 hours of actual classroom time.

(2) When a sixty-day60-day period of suspension has been ordered, the license to operate a motor vehicle may not be reinstated until:

(A) At least sixty60 days have elapsed from the date of the initial suspension, during which time the suspension was actually in effect;

(i) A required component of the treatment program provided in subsection (b) of this section §17C-5A-3 (b) of this code and the education program provided for in subsection (c) of this section §17C-5A-3 (c) of this code shall be participation by the violator with a victim impact panel program providing a forum for victims of alcohol and drug-related offenses and offenders to share first-hand experiences on the impact of alcohol and drug-related offenses in their lives.

(A) (1) Economic losses suffered by victims or offenders;

(B) (2) Death or physical injuries suffered by victims or offenders;

(C) (3) Psychological injuries suffered by victims or offenders;

(D) (4) Changes in the personal welfare or familial relationships of victims or offenders;

and (E) (5) Other information relating to the impact of alcohol and drug-related offenses upon victims or offenders.

(j)(1) The Secretary of the Department of Health and Human Resources shall promulgate a rule for legislative approval in accordance with article three, chapter twenty-nine-a of§29A-3-1 thiset codeseq. to administer the provisions of this section and establish a fee to be collected from each offender enrolled in the safety and treatment program.

of this code to administer the provisions of this section and establish a fee to be collected from each offender enrolled in the safety and treatment program.

(A) (1) A reimbursement mechanism to program providers of required fees for the safety and treatment program for indigent offenders, criteria for determining eligibility of indigent offenders, and any necessary application forms;

and (B) (1) program standards that encompass provider criteria including minimum professional training requirements for providers, curriculum approval, minimum course length requirements, and other items that may be necessary to properly implement the provisions of this section.

(k) Nothing(1) inThe thisDepartment sectionof mayHealth beand construedHuman Resources shall provide fair, impartial, and expeditious grievance and appellate procedures for participants of the safety and treatment program to prohibitchallenge dayan reportadverse decision or communitydecisions correctionby programs,the authorizeddepartment pursuantor other entity with whom the department has contracted to §62-11C-1operate etthe seq.program.  The purpose of these procedures would be to allow a person to challenge decisions which negatively affect, or unnecessarily delay, the participant’s outcome in the program.

(2) After all administrative remedies provided by this section or any rules promulgated hereunder have been exhausted, participants who have been deemed unsuccessful in the program, rendering them ineligible for license reinstatement, or whose outcomes in the program have been unnecessarily delayed, are entitled to judicial review of the adverse decision or decisions, pursuant to § 29A-5-4 of this code.

(3) The Secretary of the Department of Health and Human Resources shall promulgate rules pursuant to the provisions of §29A-3-1 et seq.

of this code related to the grievance and appellate procedures referenced in this section.

(k) (l) Nothing in this section may be construed to prohibit day report or community correction programs, authorized pursuant to §62-11C-1 et seq.

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After all administrative remedies provided by this article or its related promulgated rule(s) have been exhausted, participants who have been deemed unsuccessful in the program, rendering them ineligible for license reinstatement, or whose outcomes in the program have been unnecessarily delayed, are entitled to judicial review of the adverse decision(s), pursuant to § 29A-5-4 of this code.

The Secretary of the Department of Health and Human Resources is hereby authorized to promulgate a rule(s) related to the grievance and appellate procedures referenced in this subsection.

NOTE:

The purpose of this bill is to add grievance and appellate procedures and judicial review for participants in the Department of Health and Human Resources’ safety and treatment program.

The bill also authorizes the Secretary of the Department of Health and Human Resources to promulgate a rule(s) to add such procedures and review for participants of the safety and treatment program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.