3814 - Drug and alcohol assessments.

     § 3814.  Drug and alcohol assessments.        If a defendant is convicted or pleads guilty or no contest to     a violation of section 3802 (relating to driving under influence     of alcohol or controlled substance), the following apply prior     to sentencing:            (1)  The defendant shall be evaluated under section        3816(a) (relating to requirements for driving under influence        offenders) and any other additional evaluation techniques        deemed appropriate by the court to determine the extent of        the defendant's involvement with alcohol or other drug and to        assist the court in determining what type of sentence would        benefit the defendant and the public.            (2)  The defendant shall be subject to a full assessment        for alcohol and drug addiction if any of the following        subparagraphs apply:                (i)  The defendant, within ten years prior to the            offense for which sentence is being imposed, has been            sentenced for an offense under:                    (A)  section 3802;                    (B)  former section 3731; or                    (C)  an equivalent offense in another                jurisdiction.                (ii)  Either:                    (A)  the evaluation under paragraph (1) indicates                there is a need for counseling or treatment; or                    (B)  the defendant's blood alcohol content at the                time of the offense was at least 0.16%.            (3)  The assessment under paragraph (2) shall be        conducted by one of the following:                (i)  The Department of Health or its designee.                (ii)  The county agency with responsibility for            county drug and alcohol programs or its designee.                (iii)  The clinical personnel of a facility licensed            by the Department of Health for the conduct of drug and            alcohol addiction treatment programs.            (4)  The assessment under paragraph (2) shall consider        issues of public safety and shall include recommendations for        all of the following:                (i)  Length of stay.                (ii)  Levels of care.                (iii)  Follow-up care and monitoring.        Special Provisions in Appendix.  See section 18 of Act 24 of     2003 in the appendix to this title for special provisions     relating to applicability of sections 3814 and 3815.        Cross References.  Section 3814 is referred to in sections     3804, 3807, 3813, 3815, 3816 of this title; sections 9763, 9804     of Title 42 (Judiciary and Judicial Procedure).