Substance Awareness Traffic Offender Programs

PURPOSE: This rule identifies the Department of Mental Health as being responsible for the certification of Substance Awareness Traffic Offender Programs (SATOP) as mandated by state statute. The rule includes program purpose and mission, functions, certification requirements, and types of SATOPs certified by the department. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Purpose and Mission. The Substance Awareness Traffic Offender Programs (SATOP) is a statewide system of comprehensive, accessible, community-based education and treatment programs for individuals referred as the result of an alcohol- or drug-related traffic offense. The department develops the standards by which SATOPs operate in Missouri and certifies programs to provide services in accordance with those standards. (A) The mission of SATOP is to— 1. Inform and educate individuals about the dangers and consequences of alcohol- and drug-impaired driving; 2. Educate youth about the risks and consequences of alcohol and drug use and help them develop skills to make healthy choices; 3. Motivate individuals for personal change and growth; and 4. Contribute to the public health and safety of Missouri by preventing and reducing the prevalence of alcohol- and drugimpaired driving. (B) Completion of a SATOP is a prerequisite for driver’s license reinstatement for individuals who— 1. Have pleaded guilty or have been found guilty of an alcohol- or drug-impaired driving offense; 2. Have been referred as a result of an administrative suspension or revocation of their driver’s license, court order, condition of probation, or plea bargain; or 3. Have been charged with minor in possession and zero tolerance offenses. (2) Program Functions. SATOPs shall provide or arrange for screening, clinical assessment when indicated, education, and treatment services for individuals referred to the program. (A) All SATOPs shall comply with the 2023 edition of the SATOP Provider Manual, hereby incorporated by reference and made a part of this rule as published by and available from the Department of Mental Health, 1706 E. Elm Street, PO Box 687, Jefferson City, MO 65102. This rule does not incorporate any subsequent amendments or additions to this publication. (3) Performance Indicators. The following are intended as examples of indicators that can be used by the department and the SATOP to demonstrate achievement of the program’s purpose, mission, and functions. Indicators can include, but are not limited to— (A) Characteristics of persons participating in SATOP such as demographics, blood alcohol content (BAC) at the time of arrest, prior drinking and driving arrests, prior participation in a SATOP, and prior treatment for a substance use disorder; (B) Consistent use of screening criteria including the rate at which persons are assigned to the various types of education and treatment programs; (C) Rate at which persons successfully complete a SATOP and the various types of programs available; (D) Reductions in alcohol- and drug-impaired driving among those who complete a SATOP; and (E) Program satisfaction and feedback from individuals served. (4) Types of Programs. The department certifies the following types of SATOPs: (A) Offender Management Unit (OMU) – entry point for individuals referred to a SATOP where they are screened by a SATOP Qualified Professional (SQP) and referred to the appropriate education or treatment program; (B) Adolescent Diversion Education Program (ADEP) – basic education for individuals under the age of twenty one (21) who have been charged with or convicted of alcohol- and drug-related driving offenses under Missouri’s Abuse and Lose, Minor in Possession, or Zero Tolerance laws; (C) Offender Education Program (OEP) – basic education for first-time adult offenders to assist them in understanding the consequences of alcohol- and drug-impaired driving and identifying strategies to assist in changing their behavior; (D) Weekend Intervention Program (WIP) – specialized intervention services and education for high-risk, firsttime offenders and individuals with multiple driving while intoxicated or driving under the influence (DWI/DUI) offenses who are showing signs and symptoms of a substance use disorder with mild to moderate severity; (E) Clinical Intervention Program (CIP) – intensive outpatient treatment for individuals who have multiple DWI/DUI offenses or high-risk, first-time offenders who are showing signs and symptoms of a substance use disorder with moderate severity; and (F) Serious and Repeat Offender Program (SROP) – intensive treatment for individuals who have multiple DWI/DUI offenses and are identified through the screening process as having high-risk, high-need risk factors, and a diagnosed substance use disorder. (5) Requirements for Program Certification. SATOPs must be located in an office, clinic, or other professional setting that allows for private, one-on-one interviews and ensures confidentiality for individuals served. The department must approve program location(s) prior to the delivery of services. (A) All SATOPs shall comply with 9 CSR 30-3.032. (B) CIPs and SROPs shall comply with 9 CSR 30-3.130 and fulfill department contract requirements. (C) The following rules are waived for OMUs, OEPs, ADEPs, and WIPs unless the department determines a specific requirement is applicable due to the unique circumstances and service delivery methods of a program: 1. 9 CSR 10-7.030; 2. 9 CSR 10-7.060; 3. 9 CSR 10-7.080; 4. 9 CSR 30-3.100; and 5. 9 CSR 30-3.110. (6) Other Requirements. In addition to the requirements listed under 9 CSR 30-3.032, the department uses the following criteria in certifying Substance Awareness Traffic Offender Programs: (A) The department reserves the right to limit the issuance of SATOP certification in areas of the state where it cannot be determined a need exists for the service and/or it cannot be determined the proposed service will serve the best interest of individuals in that area. 1. Determination of need is at the department’s sole discretion as the designated state authority responsible for SATOP certification. 2. The determination of need is based on applicable data, such as the number of DWI/DUI arrests and the number of currently certified SATOPs within the proposed service area; (B) The department must approve any new program site prior to the delivery of SATOP services at the site; and (C) The department reserves the right to deny certification to any SATOP that does not provide a minimum of services for at least fifty (50) persons per year. (7) Treatment Programs Recognized for SATOP. When the screening results indicate the need for treatment for a substance use disorder, arrangements shall be made for the person to participate in treatment services. (A) The department recognizes the following types of treatment programs for individuals with an alcohol- and/or drug-related traffic offense whose SATOP screening indicates the need for treatment: 1. Substance use disorder treatment programs certified by the department; 2. CIPS; and 3. SROPs. (8) Compliance. Failure to adhere to the stipulations, conditions, and requirements set forth in this rule shall be considered cause for revocation or denial of program certification. AUTHORITY: sections 302.420, 302.425, 302.540, 302.580, 630.050, 630.053, 630.655, and 631.010, RSMo 2016, and section 577.001, RSMo Supp. 2023.* This rule was originally filed as 9 CSR 303.700. Emergency rule filed April 22, 1983, effective May 2, 1983, expired Aug. 11, 1983. Original rule filed May 13, 1983, effective Sept. 11, 1983. Amended: Filed May 6, 1985, effective Sept. 1, 1985. Rescinded and readopted: Filed Nov. 2, 1987, effective May 15, 1988. Amended: Filed Sept. 5, 1990, effective Feb. 14, 1991. Emergency amendment filed May 3, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency amendment filed Oct. 17, 1994, effective Oct. 28, 1994, expired Feb. 24, 1995. Amended: Filed May 3, 1994, effective Nov. 30, 1994. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 30-3.201 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. Amended: Filed June 15, 2004, effective Jan. 30, 2005. Amended: Filed Feb. 16, 2018, effective Aug. 30, 2018. Amended: Filed Nov. 4, 2020, effective May 30, 2021. Amended: Filed June 29, 2023, effective Jan. 30, 2024. *Original authority: 302.420, RSMo 1987, amended 1991, 1993, 1996, 2003, 2014; 302.425, RSMo 1987, amended 1991, 1996, 2014; 302.540, RSMo 1983, amended 1984, 1993, 1996, 2001, 2002, 2003, 2014; 302.580, RSMo 1982, amended 1993, 1996, 2003, 2014; 577.001, RSMo 1982, amended 1986, 1996, 2005, 2014, 2015, 2016, 2017, 2018, 2020; 630.050, RSMo 1980, amended 1993, 1995, 2008; 630.053, RSMo 1993, amended 1995, 1996, 2011; 630.655, RSMo 1980; and 631.010, RSMo 1980.