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Chapter 20 of Virginia ASAP Program Regulations

Chapter 20 POLICY AND PROCEDURE MANUAL
Section 10 Definitions
Section 20 Virginia Alcohol Safety Action Program System
Section 30 Purpose of manual
Section 40 Introduction
Section 50 VASAP (Virginia Alcohol Safety Action Program) components
Section 60 Goal and objectives
Section 70 VASAP (Virginia Alcohol Safety Action Program) organizational structure
Section 80 Certification
Section 90 Period of certification
Section 100 Action on certification
Section 110 Revocation of certification
Section 120 Final certification decision
Section 130 System
Section 140 Local staff
Section 150 Local organization
Section 160 Administrative agent
Section 170 Fiscal agent
Section 180 Policy board
Section 190 Personnel policy guidelines
Section 200 Travel
Section 210 Training
Section 220 Security and confidentiality
Section 230 ASAP (Alcohol Safety Action Program) finance
Section 240 Offender fee distribution
Section 250 Deficit funds
Section 260 Deficit eligibility
Section 270 Budgetary deficits
Section 280 Audits and financial reports
Section 290 Grant applications
Section 300 Offender fee collection
Section 310 Transfers and fees
Section 320 Correspondence
Section 330 Reports
Section 340 Reviews
Section 350 Service agreements
Section 360 Offenders file
Section 370 Records retention
Section 380 Transfer documentation and procedures
Section 390 Intrastate transfers
Section 400 Interstate transfers
Section 410 Responsibility of ASAP (Alcohol Safety Action Program) receiving transfer
Section 420 Offender services
Section 430 Financial services
Section 440 ASAP (Alcohol Safety Action Program) commitment
Section 450 Presentations and communication
Section 460 Surveys
Section 470 Materials
Section 480 Information
Section 490 Data flow
Section 500 Privacy and security procedures
FORMS FORMS (24VAC35-20)

Virginia Administrative Code

Database updated through April 15, 2010

CHAPTER 20 
POLICY AND PROCEDURE MANUAL

Part I 
General Provisions

24VAC35-20-10. Definitions.

The terms used in this chapter shall have the following meanings unless the context indicates otherwise.

"ASAP" means Alcohol Safety Action Program formed by political subdivisions or by the commission as a criminal justice program that uses community and state services to address the problem of driving under the influence of alcohol and other drugs. ASAPs receive referrals from local courts or the commission. ASAPs deliver intervention services within locally-administered programs to specific municipal jurisdictions within the Commonwealth of Virginia pursuant to §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

"ASAP components" means the separation of actions into specifically defined areas which the VASAP system uses to offset and deter the actions of Driving Under the Influence (DUI) and potential DUI offenders. They comprise a systemic approach to educate the general public, reduce the incidence of impaired driving and to prevent drunk driving. There are five specific components defined and utilized by the VASAP system.

"ASAP Regional Council" means one of the three geographical areas of the Commonwealth of Virginia in which the ASAPs have been organized (Colonial, Blue Ridge, and Battlefield ASAP Councils).

"BAC" means blood alcohol concentration, which is determined by law-enforcement or other licensed personnel in accordance with procedures established in § 18.2-268.

"Budget" means a written financial plan for expenditures of a program or accounting entity for a given period.

"Certification" means the process whereby the commission evaluates an ASAP for its organization, management, fiscal standing, and overall operation. Certification also includes on the ASAP's ability to receive referrals from courts of persons convicted of DUI.

"Classification" means a process involving the assessment of an offender's personal involvement with alcohol or other drugs which results in referral to an appropriate intervention service (education or treatment).

"Commission" means the state agency established as the Commission on the Virginia Alcohol Safety Action Program. It is composed of two members from the House Committee for Courts of Justice, two members from the Senate Committee for Courts of Justice, two sitting or retired district court judges who regularly hear or heard cases involving DUI and who are familiar with local ASAPs, two directors of ASAPs, one representatives from the law-enforcement profession, one citizen at large, one representative from the Department of Motor Vehicles and one representative from the Department of Mental Health, Mental Retardation and Substance Abuse Services.

The commission establishes and certifies ASAPs and requires them to be operated in accordance with commission standards and § 18.2-271.1 of the Code of Virginia.

"Deficit" means that the ASAP, in order to conduct its program, expects to or projects that it will expend more funds than it will receive from offenders or other sources in a fiscal year. Deficit means an excess of expenditures over revenue.

"Director of ASAP" means the person who is in charge of and accountable for the operation of an ASAP. The ASAP director reports to the ASAP policy board.

"DMV" means the Commonwealth of Virginia Department of Motor Vehicles.

"DUI" means operating or driving a motor vehicle or boat under the influence of alcohol or drugs (§§ 18.2-266, 29.1-738 and 46.2-341.24 of the Code of Virginia.)

"Education" means commission-approved classes provided to some offenders following classification. This intervention service may include alcoholic or drug education, young offenders education, and intensive education.

"Enrollment" means the process by which the offender reports to the ASAP, obtains an intake appointment, arranges to pay the ASAP fee, and signs an enrollment agreement as provided in §§ 18.2-266 through 18.2-273 of the Code of Virginia.

"Executive director" means the executive director of the commission. This person is appointed by the commission and carries out the purposes of §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

"Finance committee" means a fiscal review committee composed of the executive director, two committee members, and such other persons as the commission designates.

"Intervention services" means direct service activities to offenders entering a program which provides direct services. Such activities include assessment services, crisis intervention, case management services and exit activities.

"Joint exercise of powers" means the process by which ASAPs can be organized as provided in §§ 15.1-20 and 15.1-21 of the Code of Virginia.

"Policy board" means a group established by the ASAP which controls and gives direction to the ASAP's activities and provides input of local needs. This board may also be established in accordance with §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia by the commission.

"Program fiscal agent" means a unit of local government or a combination of units of local government which possess the legal authority to receive funds and to transact business throughout its jurisdiction, and the administrative capability to perform these services for an ASAP.

"Regular board meeting" means those meetings of the policy board which are held quarterly. These meetings shall be open to the public.

"Treatment" means intervention services provided to offenders subsequent to a recommendation for referral by an ASAP to outpatient, inpatient or residential service treatment and provided by a certified agent or licensed program.

"VASAPDA" means the Virginia Alcohol Safety Action Program Directors' Association, a group composed of the directors of the various ASAPs established and operating in the Commonwealth.

"VASAP" means the Virginia Alcohol Safety Action Program, a probation intervention system providing services to offenders referred to the program by the courts. VASAP consists of the Commission on VASAP, the Advisory Board to the Commission on VASAP, local ASAP policy boards and local Alcohol Safety Action Programs established in §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

"VMIS" means VASAP Management Information System, and automated management information system; a computer network which provides offender profiles to the ASAPs and mechanism for the transfer of cases and information between the ASAPs and the VASAP office.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-20. Virginia Alcohol Safety Action Program System.

VASP is a criminal justice program that uses community and state services to reduce the problem of driving under the influence of alcohol or other drugs. VASAP identifies and provides appropriate services to offenders convicted of driving under the influence. Services may consist of driver awareness training (DAT), alcohol and other drug education, and referral to treatment pursuant to a court order or upon leave of the court. Such programs serve a probation, intervention function through offender monitoring and follow-up.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-30. Purpose of manual.

This manual, promulgated under the authority of §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia, establishes, records, maintains, and updates policies and procedures for the Virginia Alcohol Safety Action Program (VASAP) and for local Alcohol Safety Action Programs (ASAPs).

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-40. Introduction.

The Commission on VASAP shall establish and ensure compliance with minimum standards and criteria for ASAP performance and operations, accounting, auditing, public information and administration for the local alcohol safety action programs. The commission shall also oversee ASAP plans, operations and performance and a system for allocating funds to cover any deficits in ASAP budgets.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-50. VASAP (Virginia Alcohol Safety Action Program) components.

ASAP responds to the problems of alcohol or other drug-related transportation incidents through five component areas.

1. Case management and offender intervention

2. Enforcement

3. Adjudication

4. Public information

5. Evaluation and certification

Each component is oriented specifically to the problem of driving under the influence and attempts to prevent DUI behavior or reeducate those who are convicted of DUI.

The specific components and their directives are as follows:

1. Enforcement.

a. Deter incidents of impaired driving.

b. Increase the number of arrests and convictions of motorists driving under the influence.

c. Reduce the blood alcohol concentration (BAC).

d. Improve the accuracy of reporting of alcohol and other drug involvement in transportation crashes.

2. Adjudication.

a. Raise the conviction rate of DUI offenders.

b. Maintain a consistent rate of DUI referrals.

c. Decrease recidivism among offenders previously involved in VASAP.

3. Case management and offender intervention.

a. Establish and maintain a standard classification procedure for offenders.

b. Establish standard methods of reporting offender status to referring courts and the Executive Director of the Commission on VASAP.

c. Implement and maintain an offender tracking system (VADD) (see Case Management Manual, 24VAC35-30-10 et seq.).

d. Implement and maintain a standard curriculum to education offenders.

e. Identify resources for offender referral to properly licensed facilities or properly licensed private practitioners.

4. Public information.

a. Prevent and reduce incidents of DUI.

b. Increase public knowledge of VASAP and transportation dangers caused by alcohol or other drugs.

5. Evaluation and certification.

a. Utilize the VASAP Commission certification manual to conduct evaluations of ASAP operations every three years.

b. Develop a system for evaluating the impact of the VASAP system on DUI problems.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-60. Goal and objectives.

A. VASAP goal. Improve transportation safety by decreasing the incidence of driving under the influence of alcohol or other drugs and thereby reducing the number of alcohol and other drug-related crashes.

B. VASAP objectives.

1. Deter the motoring public from driving under the influence.

2. Deter those arrested and convicted of DUI from again driving under the influence.

3. Increase awareness to facilitate the identification, apprehension and conviction of offenders driving under the influence of alcohol and other drugs.

4. Raise the conviction rate for offenders and the number of appropriate referrals to Alcohol Safety Action Programs.

5. Ensure appropriate probationary control of offenders.

6. Ensure the delivery of appropriate education or treatment services for offenders.

7. Provide statewide offender tracking services for all ASAPs.

8. Increase public awareness of the civil and legal consequences of DUI arrest; public perception of transportation crash risks; and public activities to reduce DUI incidents.

9. Assess and maintain the effectiveness and self-supporting status of both the commission and local Alcohol Safety Action Programs.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 1.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

Part II 
Organization and Administration

24VAC35-20-70. VASAP (Virginia Alcohol Safety Action Program) organizational structure.

Professional staff shall include a full-time executive director, who is responsible to the commission and such other staff designated by the commission to carry out the mandates of §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia as well as policies established by the commission. Each employee shall have responsibilities for areas of ASAP operations and components as assigned by the executive director. Each shall be accountable to the executive director.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 2.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

Part III 
Certification

24VAC35-20-80. Certification.

Certification of Alcohol Safety Action Programs (ASAPs) within the Commonwealth of Virginia was established to ensure administrative consistency within the system and the quality of services provided to DUI offenders, the courts and the community. One-third of the ASAPs shall be certified each year by region. The regions are Battlefield, Blue Ridge and Colonial ASAP Councils.

All ASAPs operating under §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia are required to be certified by the commission in conjunction with standards set out in the Commission Certification Requirements Manual, 24VAC35-40-10 et seq.

All ASAPs operating on the initial effective date of these regulations and holding a current certification shall continue under that certification until scheduled for review. All noncertified ASAPs and new ASAPs established after the initial effective date shall obtain certification. The commission certifies Alcohol Safety Action Programs (ASAPs) in accordance with procedures set forth in the Commission on VASAP Certification Manual, 24VAC35-40-10 et seq. See § 18.2-271.2 B of the Code of Virginia.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 3.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-90. Period of certification.

All certifications shall be for a period of three years and shall expire on June 30 in the last year of the certification period.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 3.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-100. Action on certification.

An ASAP (Alcohol Safety Action Program) shall be certified by the Commission on VASAP (Virginia Alcohol Safety Action Program). When an ASAP is found out of compliance in a review area by the certification team, the ASAP will complete a plan of action setting out the procedures to be followed to attain compliance. This submission must be within 10 days of notification by the review team. A follow-up team representing the commission shall then make an additional visit to validate that corrective action has been taken and make a recommendation for certification if the program is found to be compliant, a program may seek a waiver from a certification standard as provided in Category 8 of the Certification Manual, 24VAC35-40-10 et seq.

Certification shall be revoked if an ASAP fails to continue to meet any standard for certification.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 3.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-110. Revocation of certification.

The commission on its own motion, upon receipt of information that indicates an ASAP (Alcohol Safety Action Program) may no longer meet certification requirements or that other irregularities may exist within the ASAP, may send a certification review team to investigate the ASAP. Notice of the intended investigation by the certification review team shall be given to the ASAP director and the chairperson of the policy board. Upon completion of the investigation, the certification review team shall submit a report to the executive director, who may call a special meeting of the commission to review the report, giving notice to the local ASAP director.

The commission may vote to revoke the certification of the ASAP based on the report. The revocation shall become effective on the date of the vote. If revocation is voted, the executive director shall notify the ASAP director, chairperson of the policy board, political subdivisions, and the courts the ASAP serves within 10 days.

If the ASAP corrects its deficiencies within 30 days, its certification may be reinstated by the commission. If the deficiencies are not corrected, the commission may establish a new ASAP.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 3.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-120. Final certification decision.

A report shall be filed with the commission 30 days prior to the next regularly scheduled meeting of the commission which details all programs reviewed since the last commission meeting. The commission shall review the document presented and make a certification decision. The executive director shall notify in writing the director of each ASAP (Alcohol Safety Action Program) as well as the chairperson of that ASAP's policy board.

The commission may certify, revoke certification or decline to certify an ASAP.

If the commission fails to certify or revokes an ASAP's certification, the commission may establish a new ASAP.

The commission's certification decision shall be sent to the ASAP director, the ASAP policy board chairperson, political subdivisions, and the courts the ASAP serves or would serve.

In the event of certification disputes with the certification review team, or the denial of a request for waiver of certification requirements by the executive director, the ASAP director may request a hearing before the commission. The request for the hearing must be in written form from the ASAP director and submitted to the commission 30 days prior to the next regularly scheduled meeting of the commission. Upon receipt of a written request, the commission or its designee shall schedule a hearing.

Failure to file such a request or to appear as scheduled shall be deemed a settlement of the certification dispute or acceptance of the executive director's waiver decision.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 3.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

Part IV 
Offender Tracking System

24VAC35-20-130. System.

The commission, or its designee, shall operate an offender tracking system capable of providing records to the ASAP (Alcohol Safety Action Program) of participation by offenders. This system shall be capable of responding to record checks within five working days of receipt of the request.

The commission, or its designee, shall submit statistical reports to ASAPs on a quarterly basis detailing the volume and characteristics of offenders arrested, classified, referred and disposed of during the reporting quarter. These reports shall be provided within 15 calendar days of the close of the report quarter.

The commission, or its designee, shall submit to each ASAP statistical reports on a monthly basis detailing the specific offenders referred and classified for the reporting month. These reports shall be provided within six working days of the close of the report month.

The commission, or its designee, shall conduct or support research necessary to ensure the operations of the local and state system and ensure that objectives are being met.

ASAPs shall secure written approval of the commission prior to dissemination of research using offender records. Approval shall be based on compliance with current applicable privacy and security regulations.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 4.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

Part V 
Local Administrative Structure

24VAC35-20-140. Local staff.

ASAPs (Alcohol Safety Action Programs) shall consist of at least a director and such staff deemed necessary by the Commission on VASAP and the local policy board. The staff shall be available to cover administrative, clerical, and component activities of the ASAP.

ASAP staff shall conform to equal opportunity minimum hiring standards established by the Commonwealth of Virginia.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 5.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-150. Local organization.

Each ASAP (Alcohol Safety Action Program) is organized under the administration of political subdivisions or the Joint Exercise of Powers Statutes §§ 15.1-20 and 15.1-21 of the Code of Virginia.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 5.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991.

24VAC35-20-160. Administrative agent.

Each ASAP (Alcohol Safety Action Program) shall be administered by a policy board that complies with 24VAC35-20-180 to serve as its administrative agent. The administrative agent may also serve as the fiscal agent of the ASAP.

The commission, or any county, city, town or any combination thereof may establish, and if established, shall operate in accordance with the standards and criteria required under § 18.2-271 of the Code of Virginia an Alcohol Safety Action Program.

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