2:06:01:01. Definitions for 24/7 Sobriety Program. Terms used in this article mean:
(1) "Drug patch," any type of device that is affixed to a person's skin and tests for the presence of marijuana or controlled substances in the person's body;
(2) "Electronic alcohol monitoring device," any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in a person's body. The term, electronic alcohol monitoring device, includes any associated equipment a participant needs in order for the device to properly perform;
(3) "Ignition interlock device," an instrument that is attached to a motor vehicle's ignition system in which a participant submits to a breath test that detects the presence of alcohol in the participant's body, provides simultaneous testing and photo confirmation information to the participating agency, and does not permit the starting and continued operation of the participant's vehicle if test detects alcohol;
(3A) "Mobile breath alcohol testing device," any mobile breath alcohol testing device capable of determining the presence of alcohol in a participant's body that is capable of scheduled, random, and on-demand tests. The device must provide immediate testing results, a GPS reading, and facial recognition confirmation to the participating agency;
(4) "Participant," a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or any parole agent to participate in the 24/7 Sobriety Program. The term, participant, also includes a person who, as a condition of receiving a work permit, is directed by the Department of Public Safety to participate in the 24/7 Sobriety Program;
(5) "Participating agency," a sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 Sobriety Program by enrolling participants, administering one or more of the tests, and submitting reports to the Attorney General;
(6) "Participation agreement," a written document executed by a participant agreeing to participate in the 24/7 Sobriety Program in a form approved by the Attorney General that contains the following information:
(a) The type, frequency, and time period of testing;
(b) The location of testing;
(c) The fees and payment procedures required for testing; and
(d) The responsibilities and obligations of the participant under the 24/7 Sobriety Program;
(7) "24/7 Sobriety Program," a twenty-four hour and seven day a week sobriety program in which a participant submits to the testing of the participant's blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant's body;
(8) "Twice-a-day testing," the 24/7 Sobriety Program test in which a participant submits to a breath test that detects the presence of alcohol in the participant's body and is performed at least twice daily with testing times approximately twelve hours apart.
Source: 33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 7, effective July 1, 2017.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-17, 1-11-19, 32-23-23.
CHAPTER 2:06:02
TESTING
Section
2:06:02:01 Placement on the 24/7 Sobriety Program.
2:06:02:02 Enrollment.
2:06:02:02.01 Additional enrollment for ignition interlock device testing.
2:06:02:02.02 Periodic ignition interlock inspection.
2:06:02:03 Type of testing authorized.
2:06:02:04 Frequency and time period of testing.
2:06:02:05 Testing information.
2:06:02:06 Attorney general selection of ignition interlock device -- Minimum requirements for ignition interlock device.
2:06:02:07 Attorney general selection of mobile breath alcohol testing device -- Minimum requirements for mobile breath alcohol testing device.
2:06:02:01. Placement
on the 24/7 Sobriety Program. The court's written order and any written
directive of the Board of Pardons and Parole, the Department of Corrections,
the Department of Public Safety, or any parole agent placing a person on the
24/7 Sobriety Program should include the method of testing and the time period
the person is to be on the program.
Source:
33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(1) and (2), 32-23-23.
2:06:02:02. Enrollment.
A participant placed on the 24/7 Sobriety Program shall be enrolled by a
representative of a participating agency as provided in the order or directive.
A participating agency shall be provided with a copy of the order or directive
before enrolling a participant. Enrollment shall include the participating
agency placing the participant in the reporting system provided in
§ 2:06:04:01. The participant shall execute a participation agreement and
provide written waivers that allow release of program information for
enforcement and reporting purposes. The participating agency shall also provide
the participant with information regarding any test ordered or directed,
applicable procedures, fees, and other costs and expenses. The participating
agency may decline to enroll a person on the 24/7 Sobriety Program if any fees
were waived without the consent of the participating agency and the Attorney
General.
Source:
33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(1), (2), and (3), 32-23-23.
2:06:02:02.01. Additional
enrollment for ignition interlock device testing. If a participant is
enrolled for ignition interlock device testing, the participant shall bring the
motor vehicle to the participating agency within 24 hours after device installation.
The participant shall provide documentation that a selected device was obtained
from a manufacturer's authorized vendor, installed in accordance with the
manufacturer's directions, and is in proper working order, and that the
participant was instructed on the device's operation and testing procedures.
The participating agency shall verify installation, proper working order, and
its access to testing information.
Source:
37 SDR 236, effective July 1, 2011.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(1), (2) and (3), 32-23-23.
2:06:02:02.02. Periodic ignition interlock inspection. The participant shall bring the motor vehicle with the installed ignition interlock device to the vendor for calibration testing and inspection in accordance with the manufacturer's directions. The participant shall bring the motor vehicle with the installed ignition interlock device and vendor inspection documentation to the participating agency for inspection every 30 days, and for calibration testing every 120 days, or when directed by the participating agency.
Source: 37 SDR 236, effective July 1, 2011, 39 SDR 9, effective July 30, 2012; SL 2014, ch 6, § 10, effective July 1, 2014.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-24(1) and (2), 32-23-23.
2:06:02:03. Type of testing authorized. A participant placed on the 24/7 Sobriety Program shall submit to one or more of the following tests:
(1) Twice-a-day testing;
(2) Urinalysis;
(3) Drug patch;
(4) Electronic alcohol monitoring device, if a device is available for attachment on a participant and the participant is capable of wearing the device;
(5) Ignition interlock device, if a device is available from a vendor for attachment on the participant's vehicle, the participant possesses a valid driver's license or work permit, and the participant has proof of financial responsibility; or
(6) Mobile breath alcohol testing device, if a device is available for a participant.
Source: 33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 8, effective July 1, 2017.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-24(1) and (2), 32-23-23.
2:06:02:04. Frequency and time period of testing. A participant placed on a 24/7 Sobriety Program shall submit to tests at the participating agency's premises as follows:
(1) Twice-a-day testing shall be conducted for the time period ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent;
(2) Urinalysis testing shall be conducted as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;
(3) Drug patch testing shall be utilized as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;
(4) Electronic alcohol monitoring device testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device and if it is determined that the participant is capable of wearing the electronic alcohol monitoring device;
(5) Ignition interlock testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device from a vendor for attachment, and the participant's possession of a valid driver's license or work permit and proof of financial responsibility; and
(6) Mobile breath alcohol testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time ordered or directed, based on the availability of the device for use by the participant.
Source: 33 SDR 226, effective July 1, 2007; 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 9, effective July 1, 2017.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-24(1) and (2), 32-23-23.
2:06:02:05. Testing information. A participating agency
shall contemporaneously record all participant testing results on the reporting
system pursuant to § 2:06:04:01.
Source:
33 SDR 226, effective July 1, 2007.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(4).
2:06:02:06. Attorney General selection of ignition interlock device -- Minimum requirements for ignition interlock device. Each participant shall use an ignition interlock device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:
(1) The device meets the standards set forth in the National Highway Traffic Safety Administration "Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS)" published in the Federal Register Vol. 80, No. 60, Monday, March 30, 2015, pp. 16720-23;
(2) The device simultaneously records testing information and a digital photo of the participant during the testing process;
(3) The device is able to perform tests at least twice daily, even if the participant is not operating the vehicle, with testing times approximately 12 hours apart;
(4) The device and supporting hardware and software shall transmit, at least daily, all testing information and a digital photo for each test and all device malfunctions in a manner that the information is available to the participating agency enrolling the participant and may be made available on the Attorney General's reporting system; and
(5) The vendor of a participant submitting to ignition interlock device testing agrees to notify the applicable participating agency at least 24 hours prior to the removal or deactivation of an ignition interlock device if the participant fails to pay costs and expenses.
Source: 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 10, effective July 1, 2017.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-24(1) and (2), 32-23-23.
2:06:02:07. Attorney general selection of mobile breath alcohol testing device -- Minimum requirements for mobile breath alcohol testing device. Each participant shall use a mobile breath alcohol testing device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:
(1) The device is able to perform scheduled, random, and on-demand tests;
(2) The device provides a GPS location of where each test is conducted;
(3) The device submits a digital photograph when each test is provided that is compared with an enrollment photograph using facial recognition software;
(4) The device provides immediate notification of a missed test, failed test, or a test where facial recognition is not confirmed to the participating agency; and
(5) The device is able to provide the text message notification of an upcoming test to a participant.
Source: SL 2017, ch 3, § 11, effective July 1, 2017.
General Authority: SDCL 1-11-24.
Law Implemented: SDCL 1-11-24(1)(2), 32-23-23.
CHAPTER 2:06:03
FEES
Section
2:06:03:01 Twice-a-day testing fees.
2:06:03:02 Urinalysis fees.
2:06:03:03 Drug patch fees.
2:06:03:04 Electronic alcohol monitoring device fees.
2:06:03:05 Ignition interlock device fees.
2:06:03:05.01 Mobile breath alcohol testing device fees.
2:06:03:06 Participation fees.
2:06:03:07 Repealed.
2:06:03:08 Repealed.
2:06:03:01. Twice-a-day
testing fees. A participant submitting to twice-a-day testing shall pay a
fee of one dollar for each test.
Source:
33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 13; 37 SDR
236, effective July 1, 2011.
General
Authority: SDCL 1-11-33.
Law
Implemented: SDCL 1-11-26.
2:06:03:02. Urinalysis
fees. A participant submitting to urinalysis testing shall pay a fee of ten
dollars for each test.
Source:
33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 14; 37 SDR
236, effective July 1, 2011.
General
Authority: SDCL 1-11-33.
Law
Implemented: SDCL 1-11-27.
2:06:03:03. Drug patch fees. A participant submitting to wear a drug patch shall pay a fee of $50 for each drug patch attached.
Source: 33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 15; 37 SDR 236, effective July 1, 2011; 44 SDR 161, effective May 10, 2018.
General Authority: SDCL 1-11-33.
Law Implemented: SDCL 1-11-28.
2:06:03:04. Electronic
alcohol monitoring device fees. A participant submitting to the wearing of
the electronic alcohol monitoring device shall pay a fee of five dollars for
each day the participant is wearing the device. In addition, the participant shall
pay an installation fee and a deactivation fee, each in the amount of $40.
Source:
233 SDR 226, effective July 1, 2007; 35 SDR 262, effective May 14, 2009;
repealed, SL 2011, ch 4, § 16; 37 SDR 236, effective July 1, 2011.
General
Authority: SDCL 1-11-33.
Law
Implemented: SDCL 1-11-29.
2:06:03:05. Ignition interlock device fees. A participant submitting to ignition interlock device testing shall pay an enrollment fee of $40. The participant shall also pay a monitoring fee of $20 for each periodic inspection that occurs pursuant to § 2:06:02:02.02.
Source: 33 SDR 226, effective July 1, 2007; 35 SDR 262, effective May 14, 2009; repealed, SL 2011, ch 4, § 17; 37 SDR 236, effective July 1, 2011; 39 SDR 9, effective July 30, 2012.
General Authority: SDCL 1-11-33.
Law Implemented: SDCL 1-11-30.
2:06:03:05.01. Mobile breath alcohol testing device fees. A participant using a mobile breath alcohol testing device shall pay a fee of four dollars for each day the participant uses the device. In addition, the participant shall pay an installation fee and a deactivation fee of $40 each.
Source: SL 2017, ch 3, § 12, effective July 1, 2017.
General Authority: SDCL 1-11-33.
Law Implemented: SDCL 1-11-30.
2:06:03:06. Participation fees. A participant placed on the 24/7 Sobriety Program shall pay the following participation fees:
(1) A participant submitting to electronic alcohol monitoring device testing, ignition interlock device testing, or mobile breath alcohol testing shall pay one dollar for each day the participant is on the program; and
(2) A participant submitting to twice-a-day testing shall pay one dollar for each day the participant is on the program, up to a maximum of $30.
Source: 33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 18; 37 SDR 236, effective July 1, 2011; SL 2017, ch 3, § 13, effective July 1, 2017.
General Authority: SDCL 1-11-33.
Law Implemented: SDCL 1-11-32, 1-11-33.
2:06:03:07. Remitting participation fees. Repealed.
Source: 37 SDR 236, effective July 1, 2011; repealed, SL 2014, ch 6, § 8, effective, July 1, 2014.
2:06:03:08. Failure to pay fees. Repealed.
Source: 37 SDR 236, effective July 1, 2011; repealed, SL 2014, ch 6, § 9, effective July 1, 2014.
CHAPTER 2:06:04
REPORTING REQUIREMENTS
Section
2:06:04:01 Reports.
2:06:04:02 Accounting of fees collected.
2:06:04:01. Reports. A participating agency shall use
the reporting system provided by the Attorney General for participant
enrollment and to record testing data and participant information, including
fees collected. All reports shall be submitted at least weekly on the form and
in the manner provided by the Attorney General. The Attorney General's
reporting system may require the following items: enrolling information, to
include the identity of the participating agency and each representative
enrolling, testing, and reporting, the participant, and the court or directing
entity; the type, frequency, and time period of testing; the participant's
compliance with enrolling procedures and execution of a participation agreement
and waiver form; testing results and notifications; activities performed by
participating agency; fees and other money due and collected; equipment
inventory; and special instructions.
Source:
33 SDR 226, effective July 1, 2007.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(4).
2:06:04:02. Accounting of fees collected. A
participating agency shall provide an accounting of all fees and other costs
and expenses collected from participants in a 24/7 Sobriety Program to the
Attorney General, no less than quarterly in a manner provided by the Attorney
General.
Source:
33 SDR 226, effective July 1, 2007.
General
Authority: SDCL 1-11-24.
Law
Implemented: SDCL 1-11-24(2), (3), and (4).
