IDRC
noncompliance
"Noncompliance"
means when a client or other person who has been convicted of an alcohol or
drug related offense or who is otherwise under the jurisdiction of the
Intoxicated Driver Resource Center/Intoxicated Driving Program, refuses, neglects,
or inadvertently fails to comply with any ordered referral or evaluation or
appointment for education, evaluation, or treatment or who fails to pay the
appropriate fees.
N.J.A.C.
10:162-2.2 (2014)
§ 10:162-2.2 Report to court and the
Division of Motor Vehicles following noncompliance
(a) Failure on the part of the client to appear at an Intoxicated Driver
Resource Center shall result in a referral to Division of Motor Vehicles for
appropriate action, and, referral to the court of conviction for appropriate
action.
(b)
Failure on the part of the client to comply with the course of action or fee
schedule required by the Intoxicated Driving Program/Intoxicated Driver
Resource Center or the course of action at an affiliated agency or provider
shall result in a report of noncompliance to the sentencing court and the
Division of Motor Vehicles for appropriate action pursuant to N.J.S.A.
39:4-50(b).
§ 10:162-7.1. Intoxication at the Intoxicated Driver
Resource Center
(a) If a client appears to be under the influence of alcohol or drugs upon
arrival or during the Intoxicated Driver Resource Center session, the
Intoxicated Driver Resource Center may implement the following procedure:
1. Evaluate the client to see if he or she is incapacitated or
intoxicated as defined herein;
2. If the client is incapacitated, the Intoxicated Driver Resource
Center may call the police, Service Force, or Emergency Medical Service and
have the client removed to a hospital or other facility for detoxification.
After detoxification, the client may be processed through the Intoxicated
Driver Resource Center. The fact that the client was under the influence shall
be noted in the client's file and used as part of the counselor's evaluation;
3. If the client is not incapacitated, but is intoxicated, the
Intoxicated Driver Resource Center may admit the client or reschedule the
client. This determination shall take into account the welfare and the safety
of other clients, and the degree of disruption the client's attendance creates.
The fact that the client was under the influence shall be noted in the client's
file and shall be used as part of the counselor's evaluation;
4. All persons who appear to be under the influence of alcohol or drugs
(clients or non-clients) and are observed driving a vehicle away from the
Intoxicated Driver Resource Center may be reported to the police; and
5. Intoxicated clients who are disruptive shall be found in
non-compliance.
§ 10:162-7.2. Improper client conduct at Intoxicated Driver
Resource Center or Intoxicated Driving Program
Improper conduct, such as being threatening or disruptive or purposely
not completing forms or providing relevant information, shall be considered
non-compliance.
N.J.A.C.
10:162-8.1 (2014)
§ 10:162-8.1. Failure to attend the Intoxicated Driver
Resource Center/Intoxicated Driving Program or pay the required fees
(a) Failure to attend the Intoxicated Driver Resource Center/Intoxicated
Driving Program or to pay the required fees shall be considered noncompliance.
In such cases, the Intoxicated Driver Resource Center/Intoxicated Driving
Program shall take the following steps:
1. A notice of noncompliance shall be mailed to the client's address on
the record of conviction or the client's most recent address if the client has
notified the Intoxicated Driver Resource Center/Intoxicated Driving Program of
a change of address.
2. If there is no reply, or if the client remains in noncompliance, the
Intoxicated Driver Resource Center/Intoxicated Driving Program, within 10
working days of mailing the notice of noncompliance, may issue a noncompliance
report:
i. A copy of the report shall be mailed to the client.
ii. If the client is a new law offender, a copy of the report shall be
mailed to the court of conviction with a copy of the original notice of
noncompliance.
3. If the noncompliance is not resolved within 30 calendar days after
issuance of the noncompliance report, a copy of the noncompliance report and
supporting documents shall be mailed to the Intoxicated Driving Program. The
Intoxicated Driving Program shall request that the Division of Motor Vehicles
suspend the client's license.
N.J.A.C.
10:162-8.2 (2014)
§ 10:162-8.2. Failure to contact treatment facility
When the Intoxicated Driver Resource Center/Intoxicated Driving Program
has been notified that a client has not contacted the treatment facility by the
contact date, the Intoxicated Driver Resource Center/Intoxicated Driving
Program shall follow the procedures of
N.J.A.C. 10:162-8.1(a) through (c) and shall, for new law clients, in
addition to the other documents, mail a copy of the treatment agreement to the
court of conviction.
§ 10:162-8.4. Other noncompliance
If the client is found to be in noncompliance for any reason, the Intoxicated
Driver Resource Center/Intoxicated Driving Program will follow the procedures
in N.J.A.C. 10:162-8.1(a)1 through 3,
and shall, for new law clients, mail any necessary documents to the court of
conviction.
§ 10:162-8.5. Failure to follow noncompliance procedures
The failure of Intoxicated Driver Resource Center/Intoxicated Driving
Program to follow the noncompliance procedures shall not relieve a client of
noncompliance
§ 10:162-8.6. Conditions for a request for restoration of a
client's driving privileges after a finding of noncompliance by a court
(a) A client referred to treatment who is subsequently found in noncompliance
by the court shall satisfactorily complete two consecutive months of treatment
before the Intoxicated Driving Program shall be notified by the Intoxicated
Driver Resource Center to request that the Division of Motor Vehicles restore
the client's licensed driving privilege.
(b)
A multiple offender who was found in noncompliance by a court shall
satisfactorily complete three consecutive months of treatment before the
Intoxicated Driving Program shall be notified by the Intoxicated Driver
Resource Center to request that the Division of Motor Vehicles restore the
client's driving privilege. However, at the discretion of the Intoxicated
Driver Resource Center Director, program completion may be required.
(c)
The Intoxicated Driver Resource Center shall receive written notice from the
treatment facility of satisfactory performance before notifying the Intoxicated
Driving Program to request that the Division of Motor Vehicles restore the
client's driving privileges
§ 10:162-8.7. Noncompliance with treatment
The treatment programs shall notify the Intoxicated Driver Resource
Center/Intoxicated Driving Program of any noncompliance in writing within seven
working days. The Intoxicated Driver Resource Center shall notify the courts
and the Intoxicated Driving Program utilizing the noncompliance report.
§ 10:162-8.8. Proof of mailing; change of address
The Intoxicated Driving Program provides a certified mailing list with
every roster sent to the Intoxicated Driver Resource Centers. The Intoxicated
Driver Resource Centers shall use this as proof of mailing in cases of
noncompliance to the original scheduling notice. Intoxicated Driver Resource
Centers are responsible for keeping a record of rescheduling notices so that the
notices can be sent to court to prove noncompliance. In all cases, copies of
the certification of mailing should be sent to the courts along with reports of
noncompliance when appropriate. All Intoxicated Driver Resource
Centers/Intoxicated Driving Program letters, notices or other correspondence
shall be sent to client's address on the record of conviction or to the most
recent address provided to the Intoxicated Driver Resource Centers/Intoxicated
Driving Program. It shall be the client's responsibility to keep the
Intoxicated Driver Resource Centers/Intoxicated Driving Program informed as to
his or her current address. Upon a change of address, the client shall notify
both the Intoxicated Driver Resource Center and the Intoxicated Drivers Program
in writing within 10 days.
