60-704. 24/7 sobriety program; county participation; requirements; sanctions; fees and testing costs; accounting.

(1) Each county, through its county sheriff, may participate in a 24/7 sobriety program. If a sheriff is unwilling or unable to participate in a 24/7 sobriety program, the sheriff may designate an entity willing to provide the service.

(2) A 24/7 sobriety program shall meet at least the following minimum program requirements:

(a) Testing shall occur twice a day every day at a testing location or locations established by the county sheriff or a designated entity or continuously with a continuous alcohol monitoring device or similar technology;

(b) Participants shall enter into a participation agreement with the sheriff or designated entity; and

(c) Participants shall not consume alcohol or any drug not prescribed by a physician.

(3) If a test reveals a violation of the 24/7 sobriety program, sanctions imposed shall be immediate and certain and in accordance with best practices, as set forth in the participation agreement. A sixth sanction against a participant charged with an alcohol-related offense shall be removal from the 24/7 sobriety program and the participant shall be ineligible for further participation in the program for that case. Sanctions for new drug use may be more severe and shall be outlined in the participation agreement.

(4) The sheriff or designated entity shall establish a reasonable fee to cover the setup and operation of a 24/7 sobriety program for all participants. Reasonable program and testing fees may be charged. Testing costs may vary by participant depending on the technology employed. Testing costs may be higher if the participant is involved in the program due to a nonalcohol, drug-related offense. All fees and costs charged pursuant to this subsection shall be set forth in the participation agreement. Such costs and fees may be waived by the court if the participant has made a showing to the court of an inability to pay.

(5) Each sheriff or designated entity shall separately account for all fees and costs collected by a 24/7 sobriety program.

(6) Nothing in the 24/7 Sobriety Program Act shall be construed to limit the ability of a court to utilize any form of technology to (a) detect the use or presence of alcohol or drugs or (b) comply with other forms of supervision deemed appropriate by the court.

Source:Laws 2021, LB271, ยง 4.
Operative Date: July 1, 2022