CHAPTER 511
S.P. 714 - L.D. 1916
An Act to Improve the Effectiveness of the Driver Education and Evaluation Programs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §20071, sub-§4-B, as amended by PL 1995, c. 65, Pt. A, §12 and affected by §153 and Pt. C, §15, is repealed.
Sec. 2. 5 MRSA §20075, as amended by PL 1999, c. 448, §7, is further amended to read:
§20075. Certification; recertification
All providers of the evaluation, intervention and treatment components of the Driver Education and Evaluation Programs must be certified by the office pursuant to section 20005, section 20024, section 20073-B and this subchapter. The certification period for individual providers and agencies is 2 years. The office shall adopt rules requiring continuing education for recertification.
Sec. 3. 29-A MRSA §2411, sub-§5, ¶F, as amended by PL 1997, c. 737, §10, is further amended to read:
F. For a person sentenced under paragraph B, C or D, the court shall order the defendant to participate in the alcohol and other drug program for multiple offenders of the Department of Behavioral and Developmental Services, Office of Substance Abuse. The court may waive the multiple offender intervention program under pursuant to Title 5, section 20073 20073-B, subsections 4 and 5, if the court finds that the defendant has completed a residential an alcohol or other drug treatment program, or its equivalent, subsequent to the date of the offense; and
Sec. 4. 29-A MRSA §2455, sub-§3, ¶¶B and C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:
B. When required, satisfactory completion of a substance abuse treatment program or rehabilitation program approved or licensed by the Office of Substance Abuse Department of Behavorial and Developmental Services; and
C. When required, attendance for 2 years at an after-care program arranged by the approved by the Office of Substance Abuse treatment or rehabilitation program.
Sec. 5. 29-A MRSA §2457, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
5. Restoration of license. Following the expiration of the aggregate periods of suspension imposed pursuant to this section otherwise imposed by the Secretary of State and ordered by any court, the Secretary of State may issue a conditional license to the person, subject to the conditions, restrictions or terms the Secretary of State deems determines advisable, if the Secretary of State has received written notice that the person has satisfactorily completed the alcohol educational program of the Department of Human Services Driver Education and Evaluation Program established in Title 5, section 20072 and, when required, has satisfactorily completed an alcohol treatment or rehabilitation program approved or licensed by the Department of Human Services Department of Behavioral and Developmental Services.
Sec. 6. 29-A MRSA §2472, sub-§6, as amended by PL 1997, c. 737, §20, is further amended to read:
6. Restoration of license. If a person's license has been suspended under subsection 3 for a first offense, the Secretary of State may issue a license if:
A. One half of the suspension period has expired; and
B. The Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse as provided in Title 5, section 20071, subsection 4-B.
A 2nd or subsequent offender may be issued a license following the completion of the period of suspension provided the Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse as provided in Title 5, section 20071, subsection 4-B.
Sec. 7. 29-A MRSA §2502, as amended by PL 1999, c. 448, §§11 and 12, is further amended to read:
§2502. Special licenses for driver education evaluation program; suspension
1. Issuance of special license. Following the expiration of the total period of suspension imposed on a first-time offender pursuant to Title 15, section 3314 or sections 2411, 2453, 2472 and 2521, the Secretary of State shall issue a special license or permit to the person if the Secretary of State receives written notice that the person has completed the assessment components of the alcohol and other drug program as set out in pursuant to Title 5, section 20073-B. First offenders with an aggravated offense as defined in Title 5, section 20071, subsection 4-B are entitled to receive a special license after completion of the evaluation provided by the Office of Substance Abuse. First offenders who have registered for the completion of treatment programs as described in Title 5, section 20072, subsection 2 are entitled to receive a special license after completion of a minimum of 3 treatment sessions provided by a counselor or agency approved by the Office of Substance Abuse. A special license or permit may not be issued under this section to 2nd and subsequent offenders.
2. Suspension of special license. If the person refuses or fails to complete the alcohol and other drug program set out in pursuant to Title 5, section 20073-B, within 6 months after receiving a special license, the Secretary of State, following notice of that refusal or failure, shall suspend the special license until the person completes the program. The suspension must continue until the Secretary of State receives written notification from the Office of Substance Abuse that the person has satisfactorily completed all required components of that program. The Secretary of State shall provide notice of suspension and opportunity for hearing pursuant to Title 5, chapter 375, subchapter IV. The sole issue at the hearing is whether the person has written notification from the Office of Substance Abuse establishing that the person has satisfactorily completed all components of that program as set out in pursuant to Title 5, section 20073-B.
Effective July 25, 2002, unless otherwise indicated.
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