Administrative Rule Review Report  #AR09-061

Legislative Service Office

06-Oct-09

AGENCY: Department of Health.

DATE SUBMITTED: October 5, 2009.

SUBJECT: Chapter 8, State Funding and Certification of Court Supervised Treatment Programs.

NATURE OF RULES:                     Legislative and procedural

STATUTORY AUTHORITY:         W.S. 7-13-1605(c)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  No written comments have been received to date.

SUMMARY OF RULES:  These new rules are amended to implement 2009 Wyo. Sess. Laws, Chap. 145, which created the Court Supervised Treatment Programs Act to replace the prior drug court program.  The rules establish an application process for local court supervised treatment programs, including requirements that the local programs must meet to qualify for funding under the Act, such as threshold amounts of local matching funds for eligibility, operational standards, protocols for acceptance of participants into the program, training and certification standards for treatment personnel, program data collection, and incentives and sanctions applicable to participants in the program.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.  The rules do contain incomplete citations to statutory law, [see, e.g., Section 4(a), which cites to W.S. 7-13-1602(ii), rather than W.S. 7-13-1602(a)(ii); and, Section 8(b)(vi), which cites to W.S. 7-13-1602(xiv), rather than W.S. 7-13-1602(a)(xiv)].

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Agency.

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John H. Rivera

Senior Staff Attorney

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Lynda G. Cook

Staff Attorney

JHR/