Wisconsin Legislature: DHS 62.07(5)(b)2.

(3) Method of assessment.

(a) The principal method for assessment shall be a personal interview with the client using the Wisconsin assessment of the impaired driver tool. The WAID may not be copied or distributed.

(b) Assessments may include information provided by other persons; review of relevant records or reports on the client; an interview using substance use disorder diagnostic criteria; an approved mental health screening tool; and additional information-gathering measures, instruments, and tests, including alcohol or drug testing, or lab tests deemed to be clinically useful and approved by the designated coordinator.

(4) Assessment findings.

(a) Assessment findings shall be documented on form MV 3634, Order for Assessment and Driver Safety Plan Report, and include all of the following:

1. The applicable assessment finding as specified in par. (b) and a description of the information and WAID criteria that support the finding.

2. A description of the evaluation instruments applied during the assessments.

3. A description of any supplemental information obtained during the assessment.

(b) Assessment findings shall be any one of the following:

1. Irresponsible use of alcohol, controlled substance, controlled substance analog, or other drug.

2. Irresponsible use-borderline of alcohol, controlled substance, controlled substance analog, or other drug.

3. Suspected alcohol, controlled substance, controlled substance analog, or other drug dependency.

4. Alcohol, controlled substance, controlled substance analog or other drug dependency.

5. Alcohol, controlled substance, controlled substance analog or other drug dependency in remission.

Note: Copies of form MV 3634, Order for Assessment and Driver Safety Plan Report can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.

(5) Driver safety plan recommendations.

(a) Traffic safety education recommendations.

1. ‘Finding of irresponsible use.’ If an assessment finding for a client is irresponsible use of alcohol, a controlled substance, a controlled substance analog, or other drug, the driver safety plan recommendation shall be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Alternative education driver safety plan recommendations shall have the prior approval of the local traffic safety school coordinator and the designated coordinator in the client’s county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5). If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.

Note: A request for mediation should be sent to Department of Health Services, Division of Disability and Elder Services, Bureau of Mental Health and Substance Abuse Services, IDP Coordinator, 1 West Wilson Street, P.O. Box 7851, Madison, WI 53707-7851.

2. ‘Finding of irresponsible use-borderline.’ If the assessment finding for a client is irresponsible use-borderline of alcohol, a controlled substance, controlled substance analog, or other drug, the driver safety plan recommendation may be any one of the following:

a. Group dynamic traffic safety program, if the assessment is for a first offense.

b. Multiple offender traffic safety program, if the assessment is for a second offense.

c. Alternative education. Driver safety plans recommending alternative education shall be approved by the local traffic safety school coordinator and the designated coordinator in the client’s county of residence. If alternative education is approved for a client who does not have a language barrier, literacy barrier, developmental disability, mental illness, or cognitive deficit, the alternative education program shall be comparable to the appropriate group dynamic traffic safety program or multiple offender traffic safety program as it pertains to purpose, content, instructor qualifications, and hours as prescribed under s. DHS 75.16 (5). If the traffic safety school coordinator and the designated coordinator disagree regarding a referral to alternative education, the designated coordinator shall make a written request to the department for mediation.

(b) Treatment and other service recommendations.

1. ‘Finding of irresponsible use-borderline.’ If the assessment finding for a client is irresponsible use-borderline of alcohol, a controlled substance, controlled substance analog, or other drug, the driver safety plan may recommend short-term outpatient substance abuse treatment under s. DHS 75.13.

2. ‘Finding of suspected dependency.’ If the assessment finding for a client is suspected alcohol, controlled substance, controlled substance analog, or other drug dependency, the driver safety plan shall recommend substance abuse treatment, including an evaluation of the appropriateness of medication-assisted treatment, that does not include residential or inpatient services under s. DHS 75.10, 75.11, or 75.14.

3. ‘Finding of dependency.’ If the assessment finding for a client is alcohol, controlled substance, controlled substance analog, or other drug dependency, the driver safety plan shall recommend substance abuse treatment, including an evaluation of the appropriateness of medication-assisted treatment, under ss. DHS 75.10 to 75.15. If residential or inpatient services are recommended, the residential or inpatient services may not exceed 30 days.

4. ‘Finding of dependency in remission.’ If the assessment finding for a client is suspected alcohol, controlled substance, controlled substance analog, or other drug dependency in remission, the driver safety plan shall recommend substance abuse treatment, including an evaluation of the appropriateness of medication-assisted treatment.

(c) Recommendations for traffic safety school and treatment. A driver safety plan may recommend a combination of traffic safety school and treatment for assessment findings specified under sub. (4) (b) 2. to 5.

(d) Other recommendations. In addition to the recommendations under pars. (a) to (c), a driver safety plan may recommend any of the following:

1. Victim impact panel involvement. “Victim impact panel” means a component of a driver safety plan that is designed to create awareness in the client of the effects of his or her offense on a victim and the victim’s family.

2. Case management as described under s. DHS 75.16 (6) if a treatment service is also recommended.

3. Intensive supervision as described under s. DHS 75.16 (7) if a treatment service is also recommended.

4. Mental health or psychiatric evaluation or services. Mental health or psychiatric evaluation or services recommendations shall have the prior authorization of a licensed psychiatrist, psychologist, clinical social worker, marriage and family therapist, professional counselor, or a master’s level psychiatric advanced practice nurse.

5. Follow–up interviews with the assessment facility for clients who may need to be re-evaluated because of the validity of the client’s responses during the initial assessment, the adequacy of a client’s driver safety plan, or a driver safety plan recommendation for reassessment.

(6) Referrals.

(a) Information to the client. Before a client is referred to a plan provider, the assessment facility shall do all of the following:

1. Give the client a list of approved driver safety plan providers that are located in the geographic area served by the board to assist the client in choosing a plan provider. The client shall be asked to acknowledge in writing that the client has been given information about approved driver safety plan providers.

2. Give the client information about the client’s responsibilities under s. DHS 62.10 and the fee information for assessment and driver safety plan programs under s. DHS 62.11.

3. Ensure that the assessment findings and the driver safety plan information that will be distributed to a plan provider is the same information distributed to the client.

(b) Non-resident drivers. Clients who are non-residents of Wisconsin shall be referred to a comparable intoxicated driver assessment and driver safety plan program in the person’s state of residence. The client shall request that the assessment agency in the client’s state of residence furnish verification of compliance with the assessment to the Wisconsin department of transportation within 60 days after the date of conviction. The client shall have up to one year after the date of their original assessment to comply with the driver safety plan, unless an extension is requested under sub. (7) (c).

(c) Notification to plan providers. When a client is referred to a driver safety plan provider, the assessment facility shall do all of the following:

1. Provide a copy of the assessment findings and driver safety plan to each plan provider designated under the driver safety plan.

2. If the driver safety plan provider provides a treatment service under ss. DHS 75.10 to 75.15, the plan provider shall be notified of all of the following:

a. That the client is to be evaluated so that the client’s treatment plan may be individualized as directed by s. 51.45 (9) (d), Stats., and s. DHS 75.03 (13).

b. That the use of self–help groups such as Alcoholics Anonymous, Narcotics Anonymous or Women for Sobriety are permitted to supplement the individualized treatment plan services for clients with assessment findings listed under sub. (4) (b) 3. to 5. Participation in any one of these activities may not be a required element of an individualized treatment plan, nor may lack of participation be used as a basis for filing a noncompliance report.

c. The process under which the driver safety plan may be updated or amended.

(7) Driver safety plan amendments.

(a) A driver safety plan may be amended within the one year driver safety plan time period under any one of the following circumstances:

1. The assessment facility, a plan provider, or an ignition interlock device report identifies additional information that may warrant a reassessment or additional driver safety plan services.

2. An individualized treatment plan becomes substantially different from the driver safety plan.

3. The driver safety plan is not completed within the one-year driver safety plan time period and an extension is granted by the Wisconsin department of transportation.

Note: Section 340.01 (23v), Stats., defines “ignition interlock device” as a device which measures the person’s alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited alcohol concentration.

(b) Amended plans require informed written client consent to release information. A client may appeal under s. DHS 62.15 if the client disagrees with the amended plan.

(c) Amended plans must stay within the one year driver safety plan time period from the original assessment unless an extension has been granted by the Wisconsin department of transportation. An extension of the one year driver safety plan period shall be requested by the assessment facility before expiration of the client’s one year driver safety plan period.

(d) If one year has lapsed since the original assessment and the driver safety plan is not completed, a reassessment of the client shall be conducted and a new driver safety plan period, not to exceed one year, begins with the reassessment.

(e) Amended assessment and driver safety plan reports shall be submitted to the parties listed under sub. (1) (b).

History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06; corrections in (1) (h), (5) (a) 1. c., 2. c., (b), (d) 2., 3. and (6) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2021 Wis. Act 155: am. (5) (b) 2. to 4. Register March 2022 No. 795, eff. 4-1-22.

DHS 62.08 Compliance and noncompliance reporting for assessments.

(1) The assessment facility shall report a client’s compliance or noncompliance with an assessment to the Wisconsin department of transportation and the client, using form MV 3631, Driver Safety Plan Report.

Note: Form MV 3631, Driver Safety Plan Report can be obtained by mailing or faxing a completed form DT1435 to: Maps and Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI 53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc.

(2) The assessment facility shall notify the client of their status of noncompliance with an assessment at least 5 working days before submission of the final report to the Wisconsin department of transportation. The notice shall specify how the client did not comply.

(3) The report required under sub. (1) shall be a report of noncompliance if any of the following circumstances occur:

(a) The client does not register with the assessment facility within 72 hours after the date of an order by a court or by the Wisconsin department of transportation.

(b) The client does not appear for a scheduled assessment.

(d) The client does not provide sufficient information to complete the WAID or allow any collateral contacts to verify unclear areas, thus preventing completion of a competent assessment.

(e) The client does not pay for the assessment.

(f) The client does not complete the assessment within 14 days after the court order or Wisconsin department of transportation order or within an approved request for an extension made under s. DHS 62.07 (1) (a).

(4) The designated coordinator or board-designated staff may approve submission of a noncompliance report to the department of transportation during an appeal process under s. DHS 62.15 (1) only if there is documented evidence that the client’s use of alcohol, controlled substances, or any combination of alcohol and drugs is an impediment to the client’s safe driving capability.

History: CR 06-035: cr. Register, November 2006, No. 611, eff. 12-1-06.

DHS 62.09 Compliance and non compliance reporting for driver safety plans.

(1) The assessment facility shall report a client’s compliance or noncompliance with a driver safety plan to the Wisconsin department of transportation; the driver safety plan provider; and the client using form MV3631, Driver Safety Plan Report. A report of a client’s compliance or noncompliance with a driver safety plan may not be further distributed.

(2) The assessment facility shall notify the client of their status of noncompliance with a driver safety plan at least 5 working days before submission of the final report to the Wisconsin department of transportation. The notice shall specify how the client did not comply.

(3) Except for participation in self-help groups, the report submitted by the assessment facility under sub. (1) shall be a report of noncompliance if any of the following circumstances occur:

(a) The client does not give written consent to the driver safety plan.

(b) The client does not register with the driver safety plan provider within 3 working days after the assessment or does not participate within a reasonable period of time.

(d) The client does not show reasonable progress in completing the driver safety plan according to the goals set out in the individualized treatment plan or the criteria for successful completion of an alternative education program.

(e) The client does not complete the driver safety plan within the documented driver safety plan period and no later than one year after the original assessment, or reassessment, or an extension granted by the Wisconsin department of transportation.

(f) The client does not pay the driver safety plan fee required under s. DHS 62.11.

(4) The designated coordinator or department-designated staff may approve submission of a noncompliance report to the Wisconsin department of transportation during an appeal process under s. DHS 62.15 (2) only if there is documented evidence that the client’s use of alcohol, controlled substances, or any combination of alcohol and drugs is an impediment to the client’s safe driving capability.

(5) Driver safety plan providers that are not traffic safety schools shall report a client’s progress to the referring assessment facility and the client on a form provided by the assessment facility.

(6) For driver safety plans recommending only traffic safety school, the traffic safety school shall submit the reports of compliance and noncompliance to the Wisconsin department of transportation; the referring assessment facility; and the client. The report’s use shall be restricted to these parties.