(1) (a)
Upon conviction of a violation of section 42-4-1301, the court shall sentence the
defendant in accordance with the provisions of this section and other applicable
provisions of this part 13. The court shall consider the alcohol and drug evaluation
required pursuant to this section prior to sentencing; except that the court may
proceed to immediate sentencing without considering such alcohol and drug
evaluation:
(I) (A) If the defendant has no prior convictions or pending charges under this
section; or
(B) If the defendant has one or more prior convictions, the prosecuting
attorney and the defendant have stipulated to such conviction or convictions; and
(II) If neither the defendant nor the prosecuting attorney objects.
(b) If the court proceeds to immediate sentencing, without considering an
alcohol and drug evaluation, the alcohol and drug evaluation shall be conducted
after sentencing, and the court shall order the defendant to complete the education
and treatment program recommended in the alcohol and drug evaluation. If the
defendant disagrees with the education and treatment program recommended in
the alcohol and drug evaluation, the defendant may request the court to hold a
hearing to determine which education and treatment program should be completed
by the defendant.
(2) (Deleted by amendment, L. 2011, (HB 11-1268), ch. 267, p. 1217, � 1,
effective June 2, 2011.)
(3) (a) The judicial department shall administer in each judicial district an
alcohol and drug driving safety program that provides presentence and
postsentence alcohol and drug evaluations on all persons convicted of a violation of
section 42-4-1301. The alcohol and drug driving safety program shall further
provide supervision and monitoring of all such persons whose sentences or terms of
probation require completion of a program of alcohol and drug driving safety
education or treatment.
(b) The presentence and postsentence alcohol and drug evaluations shall be
conducted by such persons determined by the judicial department to be qualified to
provide evaluation and supervision services as described in this section.
(c) (I) An alcohol and drug evaluation shall be conducted on all persons
convicted of a violation of section 42-4-1301, and a copy of the report of the
evaluation shall be provided to such person. The report shall be made available to
and shall be considered by the court prior to sentencing unless the court proceeds
to immediate sentencing pursuant to the provisions of subsection (1) of this section.
(II) The report shall contain the defendant's prior traffic record,
characteristics and history of alcohol or drug problems, and amenability to
rehabilitation. The report shall include a recommendation as to alcohol and drug
driving safety education or treatment for the defendant.
(III) The alcohol evaluation shall be conducted and the report prepared by a
person who is trained and knowledgeable in the diagnosis of chemical dependency.
Such person's duties may also include appearing at sentencing and probation
hearings as required, referring defendants to education and treatment agencies in
accordance with orders of the court, monitoring defendants in education and
treatment programs, notifying the probation department and the court of any
defendant failing to meet the conditions of probation or referral to education or
treatment, appearing at revocation hearings as required, and providing assistance
in data reporting and program evaluation.
(IV) For the purpose of this section, alcohol and drug driving safety
education or treatment means either level I or level II education or treatment
programs approved by the behavioral health administration in the department of
human services. Level I programs are short-term, didactic education programs.
Level II programs are therapeutically oriented education, long-term outpatient, and
comprehensive residential programs. The court shall instruct a defendant
sentenced to level I or level II programs to meet all financial obligations of the
programs. If the financial obligations are not met, the program shall notify the
sentencing court for the purpose of collection or review and further action on the
defendant's sentence. Nothing in this section prohibits treatment agencies from
applying to the state for money to recover the costs of level II treatment for
defendants determined indigent by the court.
(4) (a) There is created an alcohol and drug driving safety program fund in
the office of the state treasurer, referred to in this subsection (4) as the fund. The
fund consists of money deposited in it as directed by this subsection (4)(a). The
assessment in effect on July 1, 1998, remains in effect unless the judicial
department and the behavioral health administration in the department of human
services have provided the general assembly with a statement of the cost of the
program, including costs of administration for the past and current fiscal year to
include a proposed change in the assessment. The general assembly shall then
consider the proposed new assessment and approve the amount to be assessed
against each person during the following fiscal year in order to ensure that the
alcohol and drug driving safety program established in this section is financially
self-supporting. Any adjustment in the amount to be assessed must be noted in the
appropriation to the judicial department and the behavioral health administration in
the department of human services as a footnote or line item related to this program
in the general appropriation bill. The state auditor shall periodically audit the costs
of the programs to determine that they are reasonable and that the rate charged is
accurate based on these costs. Any other fines, fees, or costs levied against a
person are not part of the program fund. The court shall transmit to the state
treasurer the amount assessed for the alcohol and drug evaluation to be credited to
the fund. Fees charged pursuant to section 27-81-106 (1) to approved alcohol and
drug treatment facilities that provide level I and level II programs as provided in
subsection (3)(c) of this section must be transmitted to the state treasurer, who
shall credit the fees to the fund. Upon appropriation by the general assembly, the
money must be expended by the judicial department and the behavioral health
administration in the department of human services for the administration of the
alcohol and drug driving safety program. In administering the alcohol and drug
driving safety program, the judicial department is authorized to contract with any
agency for any services the judicial department deems necessary. Money deposited
in the fund remains in the fund to be used for the purposes set forth in this section
and must not revert or transfer to the general fund except by further act of the
general assembly.
(b) The judicial department shall ensure that qualified personnel are placed
in the judicial districts. The judicial department and the behavioral health
administration in the department of human services shall jointly develop and
maintain criteria for evaluation techniques, treatment referral, data reporting, and
program evaluation.
(c) The alcohol and drug driving safety program shall cooperate in providing
services to a defendant who resides in a judicial district other than the one in which
the arrest was made. Alcohol and drug driving safety programs may cooperate in
providing services to any defendant who resides at a location closer to another
judicial district's program. The requirements of this section shall not apply to
persons who are not residents of Colorado at the time of sentencing.
(d) Notwithstanding any provision of paragraph (a) of this subsection (4) to
the contrary, on March 5, 2003, the state treasurer shall deduct one million dollars
from the alcohol and drug driving safety program fund and transfer such sum to the
general fund.
(5) The provisions of this section are also applicable to any defendant who
receives a diversion in accordance with section 18-1.3-101, C.R.S., or who receives a
deferred sentence in accordance with section 18-1.3-102, C.R.S., and the completion
of any stipulated alcohol evaluation, level I or level II education program, or level I
or level II treatment program to be completed by the defendant shall be ordered by
the court in accordance with the conditions of such deferred prosecution or
deferred sentence as stipulated to by the prosecution and the defendant.
(6) An approved alcohol or drug treatment facility that provides level I or
level II programs as provided in paragraph (c) of subsection (3) of this section shall
not require a person to repeat any portion of an alcohol and drug driving safety
education or treatment program that he or she has successfully completed while he
or she was imprisoned for the current offense.