302.540. Reinstatement of license--completion of substance abuse traffic offender program a condition--individual assessment, judicial review--fees and cost, distribution of--treatment demonstration p
Reinstatement of license--completion of substance abuse trafficoffender program a condition--individual assessment, judicialreview--fees and cost, distribution of--treatment demonstrationproject may be created.
302.540. 1. No person who has had a license to operate a motorvehicle suspended or revoked under the provisions of sections 302.500 to302.540 shall have that license reinstated until such person hasparticipated in and successfully completed a substance abuse trafficoffender program defined in section 302.010, or a program determined to becomparable by the department of mental health. Assignment recommendations,based upon the needs assessment as described in subdivision (22) of section302.010, shall be delivered in writing to the person with written noticethat the person is entitled to have such assignment recommendationsreviewed by the court if the person objects to the recommendations. Theperson may file a motion in the associate division of the circuit court ofthe county in which such assignment was given, on a printed form providedby the state courts administrator, to have the court hear and determinesuch motion pursuant to the provisions of chapter 517, RSMo. The motionshall name the person or entity making the needs assessment as therespondent and a copy of the motion shall be served upon the respondent inany manner allowed by law. Upon hearing the motion, the court may modifyor waive any assignment recommendation that the court determines to beunwarranted based upon a review of the needs assessment, the person'sdriving record, the circumstances surrounding the offense, and thelikelihood of the person committing a like offense in the future, exceptthat the court may modify but may not waive the assignment to an educationor rehabilitation program of a person determined to be a prior orpersistent offender as defined in section 577.023, RSMo, or of a persondetermined to have operated a motor vehicle with fifteen-hundredths of onepercent or more by weight in such person's blood. Compliance with thecourt determination of the motion shall satisfy the provisions of thissection for the purpose of reinstating such person's license to operate amotor vehicle. The respondent's personal appearance at any hearingconducted pursuant to this subsection shall not be necessary unlessdirected by the court.
2. The fees for the program authorized in subsection 1 of thissection, or a portion thereof to be determined by the division of alcoholand drug abuse of the department of mental health, shall be paid by theperson enrolled in the program. Any person who is enrolled in the programshall pay, in addition to any fee charged for the program, a supplementalfee to be determined by the department of mental health for the purposes offunding the substance abuse traffic offender program defined in section302.010 and section 577.001, RSMo, or a program determined to be comparableby the department of mental health. The administrator of the program shallremit to the division of alcohol and drug abuse of the department of mentalhealth on or before the fifteenth day of each month the supplemental feefor all persons enrolled in the program, less two percent foradministrative costs. Interest shall be charged on any unpaid balance ofthe supplemental fees due the division of alcohol and drug abuse pursuantto this section and shall accrue at a rate not to exceed the annual rateestablished pursuant to the provision of section 32.065, RSMo, plus threepercentage points. The supplemental fees and any interest received by thedepartment of mental health pursuant to this section shall be deposited inthe mental health earnings fund which is created in section 630.053, RSMo.
3. Any administrator who fails to remit to the division of alcoholand drug abuse of the department of mental health the supplemental fees andinterest for all persons enrolled in the program pursuant to this sectionshall be subject to a penalty equal to the amount of interest accrued onthe supplemental fees due the division pursuant to this section. If thesupplemental fees, interest, and penalties are not remitted to the divisionof alcohol and drug abuse of the department of mental health within sixmonths of the due date, the attorney general of the state of Missouri shallinitiate appropriate action of the collection of said fees and interestaccrued. The court shall assess attorney fees and court costs against anydelinquent program.
4. Court-ordered participation in a substance abuse traffic offenderprogram, pursuant to section 577.049, RSMo, shall satisfy the requirementsof this section if the court action arose out of the same occurrence thatresulted in a person's license being administratively suspended or revoked.
5. The division of alcohol and drug abuse of the department of mentalhealth may create a treatment demonstration project within existingappropriations and shall develop and certify a program to provide educationor rehabilitation services for individuals determined by the division to beserious or repeat offenders. The program shall qualify as a substanceabuse traffic offender program. As used in this subsection, a "serious orrepeat offender" is one who was determined to have a blood alcohol contentof fifteen-hundredths of one percent or more by weight while operating amotor vehicle or a prior or persistent offender as defined in section577.023, RSMo.
(L. 1983 S.B. 318 & 135 § 10, A.L. 1984 S.B. 608 & 681, A.L. 1993 S.B. 167, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003 H.B. 600)Effective 7-01-03