§ 10:162-6.14. Client treatment procedures IDRC

§ 10:162-6.14.  Client treatment procedures

   (a) The Intoxicated Driver Resource Center or Intoxicated Driving Program, as appropriate, and the treatment program must conclude that the client is appropriate for treatment before treatment commences. If the treatment program, after performing a proper evaluation under this chapter, indicates the client is not appropriate for treatment or needs an alternate treatment referral, the client shall be referred back to the Intoxicated Driver Resource Center for appropriate action. The Intoxicated Driver Resource Center or Intoxicated Driving Program will close the case unless it is determined that the criteria used, in accordance with  N.J.A.C. 10:162-4.2, justify treatment. A client refusing to participate in treatment after two findings that treatment is appropriate shall be referred to the sentencing court as non-compliant, in accordance with N.J.A.C. 10:162-8.

(b) If a convicted intoxicated driver or licensed driver is sent to treatment by the Intoxicated Driver Resource Center or by Intoxicated Driving Program, he or she must successfully complete a minimum of 16 weeks of treatment. Each session shall consist of one session per week which shall last no less than one hour in duration. The requirement of treatment within a 16 week period can be waived by the Intoxicated Driver Resource Center Director to meet the extraordinary circumstances of the client, upon a written petition from the client and with the approval of the Intoxicated Driving Program (for example, if the client has an out-of-State work assignment or is attending an out-of-State educational institution). The requirement of 16 sessions of treatment cannot be waived.

(c) If the treatment program decides that the client needs additional treatment beyond 16 sessions, the program shall state its reasons in writing to the Intoxicated Driver Resource Center or Intoxicated Driving Program as appropriate and receive written approval before commencing any additional treatment. The client shall receive written notice regarding the request for the extension and may submit comments regarding the appropriateness of the decision to the Intoxicated Driver Resource Center or the Intoxicated Driver Program, as appropriate, within 10 days of this notice.

(d) If a client is not able to safely resume driving after a year of continuous treatment, the Intoxicated Driver Resource Center/Intoxicated Driving Program shall report this to the Division of Motor Vehicles.

(e) All clients referred to treatment shall contact the treatment program within 10 working days of the referral. Treatment agencies must report to the Intoxicated Driver Resource Center or Intoxicated Driving Program as appropriate that the client has commenced treatment within 30 days of the initial contact.