1548 - Requirements for driving under influence offenders.
§ 1548. Requirements for driving under influence offenders. (a) Evaluation using Court Reporting Network.--(Deleted by amendment). (b) Attendance at alcohol highway safety school.--(Deleted by amendment). (c) Results of evaluation.-- (1) This subsection shall apply as follows: (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) (relating to penalties) after January 31, 2004, and before July 1, 2006. (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before July 1, 2009. (2) Based on the results of evaluation and any additional information and evidence, the court may in addition to any other requirements of the court or this title determine and require, as part of sentencing or condition of parole, probation or Accelerated Rehabilitative Disposition or other preliminary disposition, that the person successfully complete a prescribed program of individual or group intervention or supervised inpatient or outpatient treatment or any combination of these programs or treatments for a period of up to the statutorily available maximum. Any program of individual or group intervention or supervised inpatient or outpatient treatment shall be of a type approved by the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs. Based on periodic reviews of the person's progress, the court may alter, modify or shorten or extend the duration of the requirements. (3) This subsection shall expire July 1, 2009. (d) Order for alcohol or drug commitment.-- (1) This subsection shall apply as follows: (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) after January 31, 2004, and before July 1, 2006. (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before July 1, 2009. (2) If after evaluation and further examination and hearing it is determined that a defendant is an alleged chronic abuser of alcohol or controlled substances or that the person is a severely debilitated controlled substance or alcohol abuser who represents a demonstrated and serious threat, the court may order the person committed for treatment at a facility or institution approved by the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs. If the defendant has been convicted of a previous violation of section 3731, the court shall order the person committed to a drug and alcohol treatment program licensed by the Office of Drug and Alcohol Programs of the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or the Department of Veterans Affairs: (i) Any person subject to this subsection may be examined by an appropriate physician of the person's choosing and the result of the examination shall be considered by the court. (ii) Upon motion duly made by the committed person, an attorney or an attending physician, the court at any time after an order of commitment may review the order. After determining the progress of treatment, the court may order its continuation, the person's release or supervised treatment on an outpatient basis. (iii) Any person ordered by the court to receive treatment after a first offense, and any person required to receive treatment after a second offense under section 3731 must demonstrate to the court that the defendant has successfully completed treatment according to all guidelines required by the program before the person's operating privilege may be restored. (3) This subsection shall expire July 1, 2009. (e) Costs.--Costs of any and all requirements applied under this section shall be in addition to any other penalty required or allowed by law and shall be the responsibility of the person upon whom the requirements are placed. This subsection shall expire July 1, 2009. (f) Court-ordered intervention or treatment.-- (1) This subsection shall apply as follows: (i) To offenders sentenced under section 3804(a)(3), (b)(2) and (c)(1) after January 31, 2004, and before July 1, 2006. (ii) To offenders sentenced under section 3804(a)(1) and (2) and (b)(1) after January 31, 2004, and before July 1, 2009. (2) A record shall be submitted to the department as to whether the court did or did not order a defendant to attend a program of supervised individual or group counseling treatment or supervised inpatient or outpatient treatment. If the court orders treatment, a report shall be forwarded to the department as to whether the defendant successfully completed the program. If a defendant fails to successfully complete a program of treatment as ordered by the court, the suspension shall remain in effect until the department is notified by the court that the defendant has successfully completed treatment and the defendant is otherwise eligible for restoration of his operating privilege. In order to implement the recordkeeping requirements of this section, the department and the court shall work together to exchange pertinent information about a defendant's case, including attendance and completion of treatment or failure to complete treatment. (3) This subsection shall expire July 1, 2009. (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Nov. 23, 1987, P.L.399, No.82, eff. 60 days; July 11, 1990, P.L.513, No.122, eff. Dec. 1, 1990; June 25, 1999, P.L.164, No.23, eff. 180 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)