Kanas requires anyone who has been found guilty, plead guilty, or on diversion for a DUI to do a drug and alcohol evaluation. These are commonly referred to as an, “ADSAP” evaluation.
What is this evaluation?
These evaluations are obtained through a court services or a court approved provider. Depending on which court you are in, it could be beneficial to ask your attorney to help you choose a respected provider rather than some who can be difficult to work with. This evaluation will include a 30-90-minute interview, during which the provider will run a battery of tests on the individual in order to determine their dependency level on drugs/alcohol and then determine what level of treatment should be recommended to the sentencing court.
Does the law require the ADSAP?
Yes. K.S.A. 8-1567 states, “Upon every conviction of this section, the court shall order such person to submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A. 8-1008, and amendments thereto. Such pre-sentence evaluation shall be made available and shall be considered by the sentencing court.”
Possible levels of treatment
Remember, the provider does not order an individual into treatment, only the judge does that. However, generally the sentencing court will incorporate the provider’s recommendation into the probation terms or diversion agreement. Basically, over 90% of the time, the judge will order exactly what was recommended by the provider.
There are three levels of treatment.Where can I get an ADSAP evaluation?
- Level One- an eight-hour drug and alcohol education class
- Level Two- a twelve-hour drug and alcohol education class
- Level Three- Outpatient counseling for drug and alcohol abusers (the number of hours will vary)
Every jurisdiction has their own list of approved providers. Usually these lists are updated annually but not all providers are created equal. It is recommended that you discuss with your lawyer which provider would best fit your particular situation. Some courts will make the provider your “probation officer” in a sense. The difference between the wrong and the right provider can be substantial. Below is a list of providers for a few jurisdictions.