1 Special Supervision Services Program (SSS). Special Supervision Services Program History: Started in 1986 and allowed for individuals with a 5 year.

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Presentation transcript:

1 Special Supervision Services Program (SSS)

Special Supervision Services Program History: Started in 1986 and allowed for individuals with a 5 year or 10 year revocation to apply for a hardship license In 1990 the program expanded to include permanent revocations July 1, 1998 individuals with a permanent revocation due to four or more DUI convictions or for DUI Manslaughter with a prior DUI conviction were no longer allowed to apply for the SSS Program

Classifications of DUI offenders History (continued): October 1, 2010 – Individuals with a permanent revocation due to four or more DUI convictions were allowed once again to apply for the SSS program after serving 10 years of their revocation October 1, 2011 – Individuals with a permanent revocation due to four or more DUI convictions will be allowed to apply for the SSS program after serving 5 years of their revocation Special Supervision Services Program

Classifications of DUI offenders Program Overview: Voluntary and Exclusive to Florida Strict Eligibility Requirements Monthly Monitoring for at least the First Year Development and Modification of Case Management Plans Random Chemical Testing (minimum of once per year) Relapse Prevention Treatment Monitoring Arrest and Driver License Records Checks (every 6 months) Monitoring of Ignition Interlock Devices Documentation of attendance to self help meetings Special Supervision Services Program

Classifications of DUI offenders SSS Eligibility Requirements – 5 Year Revocation: Complete a licensed DUI program following last DUI arrest (or arrest that resulted in the requirement to attend DUI Program); Wait a period of 12 months after the date their revocation was imposed; Must not have not driven for the 12 months prior to applying for the hardship license; and Must have 12 months of abstinence from the use of alcohol and drugs (applicants may apply 30 days prior to meeting the required period of one year of abstinence, according to 15A (4)). Special Supervision Services Program

Classifications of DUI offenders Special Supervision Services Program SSS Program Eligibility Requirements – 10 Year Revocation: Complete a licensed DUI program following their last DUI arrest (or the arrest that resulted in the requirement to attend DUI Program); Wait a period of 24 months after the date their revocation was imposed; Must not have driven for the 12 months prior to applying for reinstatement; and Must have 12 months of abstinence from the use of alcohol and drugs (applicants may apply 30 days prior to meeting the required period of one year of abstinence, according 15A (4)).

DUI Summary Special Supervision Services Program SSS Program Eligibility Requirements – Permanent Revocation due to DUI Manslaughter with no prior convictions for DUI related offenses: Complete a licensed DUI program following their last DUI arrest (or the arrest that resulted in the requirement to attend DUI Program); Must not have driven a motor vehicle without a license for at least 5 years prior to applying for reinstatement, or for 5 years after the termination of any term of incarceration under s , whichever date is later;

Special Supervision Services Program (Continued): Must not have been arrested for a drug- related offense during the 5 years prior to applying for reinstatement; and Must have 5 years of abstinence prior to applying for reinstatement.

Ignition Interlock Device Special Supervision Services Program Effective October 1, 2011 Permanent Revocation due to 4 or more convictions are permitted to apply for a hardship license after waiting a period of 5 years following the date of last conviction or the expiration of 5 years after the termination of any incarceration under s or former s , whichever date is later.

IID - Vendors Special Supervision Services Program Eligibility Requirements for Permanent Revocations due to four or more convictions: Not have driven a motor vehicle without a license for the last 5 years prior to application; Not have been arrested for a drug-related offense for at least 5 years prior to application; Have completed a licensed DUI Program following their last DUI arrest (or the arrest that resulted in the requirement to attend DUI School); and Have 5 years of abstinence prior to applying for reinstatement.

IID Driving Restrictions Special Supervision Services Program Steps for Enrollment: Contact local Bureau of Administrative Review (BAR) office Schedule Hearing with BAR Office Upon determination of eligibility by the BAR office, applicant provides hearing letter to DUI Program* *Letter must be submitted to DUI program within 30 days of issuance

SSS Application Screening Client pays $ 25 non-refundable fee. Completes SSS Pre-Screen Form. DUI Staff review it for basic eligibility: -Last time drove -Last use of alcohol and/or drugs Applicant is eligible for SSS Program Applicant pays non-refundable application fee (less $25). Completes application packet and takes RRI - III Applicant is ineligible for SSS Program Applicant either: reapplies to SSS when eligible or “waits –out” the revocation

SSS Application Screening Applicant completes: Releases of information; Takes RRI-III / DRI; Completes Personal History Form; Follows up to ensure program receives docs; Requests personal references; Submits to chemical testing. DUI Program: Processes application; Requests all ROI forms; Tracks receipt of docs DUI Program receives all application documents then schedules Psychosocial Assessment Psychosocial Assessment completed SSS Evaluator presents case to staffing committee for consideration DUI Program does not receive all application docs DUI Program sends: Notice of Incomplete Application to DHSMV; Letter to client stating application is incomplete Applicant either: Re-applies to SSS Program when eligible or “waits-out” the revocation

SSS Program Psychosocial Evaluation Prior to conducting Psychosocial Evaluation, the following must be received and reviewed: Personal History Medical Records Treatment Records Previous DUI Program Records Driver and Criminal Records (all applicable states) Standardized Test Results (RRI-III or DRI) References

SSS Program Psychosocial Evaluation The Psychosocial Evaluation is a clinical interview to gather information and assess client responses and reactions to: Family Background Social History Legal History Medical History Mental Health and Substance Abuse History Personal References (significant other interview) Assessment Testing utilizing RRI-III or DRI All Psychosocial Evaluations must be conducted face-to-face and documented on HSMV Form 77020

SSS Application Staffing & Outcomes SSS Evaluator presents case to committee and staffing committee arrives at decision Applicant is Accepted DUI Program sends: Letter of Acceptance to client & Letter of Recommendation for Approval is sent to DHSMV DUI Program offers Case Monitoring Applicant is Denied DUI Program sends: Letter of Denial to client & **Letter of Unfavorable Recommendation is sent to DHSMV

Acceptance into SSS & DL License Applicant is accepted into SSS Program Staffing committee develops individualized case management plan DUI Program sends: Letter of favorable recommendation to HSMV Acceptance letter to the client Client gets IID installed Client takes acceptance letter and proof of IID installation to DL office within 30 days Driver license issued Client attends SSS as required for the duration of revocation * First appointment must be scheduled in the calendar month immediately following the date of the reinstatement authorization letter Client may participate in SSS without a license for 6 months

SSS Program Case Monitoring Alternative to unfavorable recommendation It provides incentive for applicant to prepare for eligibility requirements Process for monitoring applicant prior to SSS enrollment and hardship licensure Cases are presented at monthly group staffing Individuals may not participate in Case Monitoring for more than 6 months

SSS Program Case Monitoring Client Accepts Client Refuses 1.SSS participation as any other SSS client, but without a driver license 2.DUI Program staff considers case monitoring compliance for acceptance or denial into the SSS Program Client Options: 1.SSS Appeal 2.Waits out Revocation 3.Re-applies 4.Writ of Certiorari

SSS Program Denial DUI Program produces two letters of denial (client / BAR office*) Verbiage in both letters : Must be identical or at least consistent Specifically detail reasons for denial *Letter to BAR office is sent after client has waived right to appeal Potential Client Responses:  SSS Appeal  Waits out the revocation  Re-applies (when eligible)  Writ of certiorari

Re-Application to SSS Program A client is not eligible to re-apply for the SSS Program if: Previously cancelled from SSS due to substance use Second violation of restricted license A client may re-apply to SSS if they maintain basic eligibility and were not cancelled from one of the above reasons Exception: If an SSS client was cancelled for another DUI while in the program, they may re-apply if : They wait out the first revocation and They meet all other basic eligibility requirements

Compliance within SSS Program Maintain complete abstinence from all forms of alcohol, illegal substances, and non-prescribed medication Attend scheduled periodic update appointments Comply with Case Management Plan Timely payments of all program fees Report for random chemical testing Compliance with IID requirements (if applicable)

SSS Case Management Plan Case Management Plan: – Reflects progression of client throughout their participation in the SSS Program – Include specific details – Must be individualized – Incorporates documented information as well as the client’s self report throughout the application process – Is a “work of art” - constantly changing according to the needs of the client

SSS Periodic Update SSS Evaluator reviews file including the following:  Previous Periodic Update Documentation  Case Management Plan(s)  Any Treatment Feedback / Medical Records Received  Determine if any additional fees and / or records need to be obtained  Update Releases of Information (expire yearly)  Date of last chemical test (random)  IID download (if applicable*)  Date of Annual Review *Must have IID download monthly & within 5 working days prior to periodic update

SSS Periodic Update Must be conducted face-to-face Documented on HSMV Form Completed periodic update must be signed by client prior to ending appointment Review and discuss IID performance and document on IID Interview Form HSMV Form (if applicable) Schedule client’s next periodic update appointment within acceptable time frames

Frequency of Appointments Periodic Update Appointments First Year – Monthly appointments (20-40 days) Second Year - Bi-monthly appointments (45-75 days) Third & Fourth Years – Quarterly appointments ( days) **After Fourth Year – Three times a year ( days) *Clients must continue on monthly appointments until IID requirement is completed ** Clients with a permanent revocation are not eligible for three times a year

SSS Annual Review Process A client completes Client Annual Review Form (HSMV Form 77029) provided by the DUI Program SSS Evaluator review file documentation Identify patterns or trends Summarize client’s participation in the program Review completed Client Annual Review Form Summarize and present case to staffing committee (made up minimally of SSS Evaluator and Clinical Supervisor)

SSS Cancellation / Denial Clinical staffing committee decides to deny client admission or cancel client from program Develop case staffing Notify client in writing Notify DHSMV (BDI and BMC-DUI) Client receives DUI Program letter Cancellation: DHSMV BDI issues immediate cancellation of DL Denial: BAR documents Denial – no DL to cancel

SSS Appeal Requirements Client receives DUI Program letter Client does not appear in person within 10 days of receipt of DUI Program letter Client sits out revocation Client files a writ of certiorari (only after receipt of notice from DHSMV) Client re-applies to the SSS Program (if eligible) Client appears in person within 10 days of receipt of DUI Program letter

SSS – Client Elects to Appeal Client selects and completes paperwork for 2 nd DUI Program Original DUI Program sends paperwork to 2 nd DUI Program Client contacts 2 nd DUI Program, completes Application for Appeal (HSMV Form 77024) & meets with 2 nd DUI program Original DUI Program waits for notification of 2 nd DUI Program decision

Actions By 2 nd DUI Program Agrees with original DUI Program Disagrees with original DUI Program Written notification is sent to client and original DUI Program Client may: o Wait out revocation o File a writ of certiorari* o Re-apply to SSS Program if eligible Written notification is sent to client indicating the program disagrees with original DUI Program Client is provided with Request for BAR SSS Appeal Hearing form and given directions Notifies original DUI Program of decision

SSS Appeal Once client receives notice from 2 nd DUI Program of decision to disagree: o Client may proceed with filing the request for the hearing and paying fee to the BAR o Client does not file with BAR and chooses to: o Sit out revocation o File a writ of certiorari* o Re-apply to SSS Program (if eligible)

BAR SSS Appeal Hearing Client files appeal with BAR BAR makes appointment for hearing BAR notifies: Client Both DUI Programs Bureau of Motorist Compliance (BMC) Second DUI Program sends : Appeal file to BAR Copy of Appeal file to Bureau of Motorist Compliance Original DUI Program any additional information used to make decision Client Attends BAR hearing (allowed but not required to testify or provide evidence) DUI Programs Original DUI Program presents their case Second DUI Program presents decision to disagree DHSMV Participation BAR hearing officer conducts hearing Bureau of Motorist Compliance asks questions BAR sends transcript to BMC BMC staffs case outcome BAR notifies client and both DUI Programs of decision

Possible Outcomes of BAR Hearing Appeal is UpheldAppeal is Denied Client o Contacts program to schedule services o Regains driving privileges and participates as required DUI Program o Reviews frequency of reporting o Reviews and /or revises CMP o Resumes providing SSS Client sits out revocation Client re-applies to SSS Program (if eligible) Client files a writ of certiorari

35 Questions/Answers

36 Evaluations

37 Thank you, and Happy Evaluating!