Alcohol & Drug Education Traffic Schools; Referrals From Federal Court; Fees

February 24, 1983

Subject:

Requested By:

Sarah T. Morrow, Secretary Department of Human Resources

Questions:

(1): When students are referred to ADET schools by federal judges, are those students to be processed in the same manner as referrals from state judges?
(2): Is the $100.00 fee in these cases only to be used in the maintenance of ADET schools and other alcohol and drug programs?
(3): Is five percent (5%) of the fee to be sent to the Department of Human Resources on a monthly basis?

Conclusions:

(1): Yes.
(2): Yes.
(3): Yes.
⁽¹⁾: 1. G.S. 20-179.2(a) charges the Department of Human Resources with overseeing the development of a statewide system of alcohol and drug education traffic schools to be operated locally under standards and guidelines established by the Commission for Mental Health, Mental Retardation and Substance Abuse Services. These standards set forth in the Department’s Administrative Procedure Standards Manual (APSM) do not limit enrollees to persons convicted of alcohol related offenses in state courts. APSM 35-1, Section .1703(b) states that the schools shall serve "(1) first offenders convicted of driving under the influence; (2) persons referred by division of motor vehicles’ hearing officers as a condition of probation; and (3) persons guilty of reckless driving after drinking." The standards further provide in section .1710 that each school shall have a written statement of liaison arrangements with the court to include the procedure used to obtain referral of offenders. Therefore, if an ADET school is located in an area that also has a federal court, the school should make arrangements with that court and the state courts pursuant to this standard.
(2): G.S. 20-179.2(a)(1) provides that a fee of $100.00 shall be paid by all persons enrolling in the ADETS program and that fees collected are to be "distributed in accordance with the rules and regulations of the Department." APSM 75-1, section .1133(b) provides in pertinent part: "Fees paid by persons enrolling in an alcohol and drug education traffic school established pursuant to

G.S. 20-179.2 shall be used to support the schools except as indicated in (e) of this Rule." The "support" referred to in subsection (b) is limited to nine general areas by subsection (c). Subsection (e) provides: "Fees received pursuant to G.S. 20-179.2 shall be used to support the operation, evaluation and administration of the alcohol and fully accredited by the division. Any excess fees received pursuant to G.S. 20-179.2 are to be used to continue or to expand alcohol and drug services." This is true whether the fee is paid directly to the school by the enrollee or whether it is paid through the clerks of court pursuant to G.S. 20-179.2(a)(1) and APSM 75-1, section .1133(i). Therefore, any other use of these fees would be improper.

(3) G.S. 20-179.2(a)(3) requires area authorities to remit five percent (5%) of each fee collected to the Department of Human Resources on a monthly basis. This requirement is restated in APSM 75-1, section .1133(1) making the area program that initially receives the fees responsible for transferring the five percent to the Department. The statute is mandatory and does not list any exceptions. Therefore, if an area program receives fees from federal court referrals, the area program is to remit five percent to the Department.

Rufus L. Edmisten Attorney General

Jane P. Gray Assistant Attorney General