44-4-1203. Sobriety and drug monitoring program created. (1) There is a statewide 24/7 sobriety and drug monitoring program within the department to be administered by the attorney general.
     (2) (a) The core components of the sobriety program must include use of a primary testing methodology for the presence of alcohol or dangerous drugs that:
     (i) best facilitates the ability to apply immediate sanctions for noncompliance; and
     (ii) is available at an affordable cost.
     (b) In cases of hardship or when a sobriety program participant is subject to less-stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized.
     (3) The sobriety program must be supported by evidence of effectiveness and satisfy at least two of the following categories:
     (a) the program is included in the federal registry of evidence-based programs and practices;
     (b) the program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or
     (c) the program has been documented as effective by informed experts and other sources.
     (4) If a law enforcement agency chooses to participate in the sobriety program, the department shall assist in the creation and administration of the program in the manner provided in this part. The department shall also assist entities participating in the program in determining alternatives to incarceration.
     (5) (a) If a law enforcement agency participates in the program, the law enforcement agency may designate an entity to provide the testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to this part, except that the law enforcement agency's designee may not determine whether to participate in the sobriety program.
     (b) The law enforcement agency shall establish the testing locations and times for the county but must have at least one testing location and two daily testing times approximately 12 hours apart.
     (6) Any efforts by the department to alter or modify the core components of the statewide sobriety program must include a documented strategy for achieving and measuring the effectiveness of the proposed modifications. Before core components may be modified, a pilot program with defined objectives and timelines must be initiated in which measurements of the effectiveness and impact of any proposed modifications to the core components are monitored. The data collected from the pilot program must be assessed by the department, and a determination must be made as to whether the stated goals were achieved and whether the modifications should be formally implemented in the sobriety program.
     (7) All alcohol or drug testing ordered by a court must utilize the data management technology plan provided for in 44-4-1204(4).
     (8) Alcohol or drug testing required by the department of corrections pursuant to this part must utilize the data management technology plan provided for in 44-4-1204(4).

     History: En. Sec. 3, Ch. 318, L. 2011; amd. Sec. 3, Ch. 309, L. 2013; amd. Sec. 2, Ch. 312, L. 2015.