AG office and advocates back H.105 to expand youth substance‑safety diversion and add 0.02 impaired‑driving referrals to program

Willa Farrell, diversion and pretrial services director at the Attorney General’s Office, and Ben Hogarotsky of the Office of Legislative Council described H.105 to the Senate Judiciary Committee on April 1 and said the bill would align responses to under‑21 alcohol possession and low‑BAC driving (0.02 or less) by clarifying the statutory process and referring eligible youth to the Youth Substance Awareness/Safety (YSAS) diversion program.

Farrell said the change would convert delinquency petitions tied to under‑21 alcohol possession into civil violations under the judicial bureau and allow law enforcement to refer eligible youth directly into YSAS, shortening delay and creating a more consistent statewide response. She said the program uses brief screening tools and tailored interventions; higher‑risk youth are connected to counseling while lower‑risk participants receive a brief intervention. “This bill would lead to a faster intervention with youth, hold youth accountable more quickly, and allow for more timely connection to support services,” Farrell said.

The bill would also fold a 0.02 impaired‑driving referral path into the program so that low‑BAC driving incidents for those under 21 result in YSAS referral rather than prosecutorial delay. Farrell and legislative staff said the change would preserve existing penalties for failure to complete the diversion program (including license suspension and civil fines) while giving youth incentives to complete YSAS (shorter suspension periods for successful completion).

Legislative Council counsel outlined technical changes in the draft statutory language, including retention of current civil penalties (first offense $300 and a 180‑day suspension under certain circumstances) and reporting requirements directing the Attorney General’s Office and statistical partners to compile annual outcome measures on referrals, completions and suspensions. The draft also includes confidentiality provisions for YSAS records and directs a report on program outcomes beginning in October 2026.

Committee members raised practical questions about younger participants and thresholds. One member asked about the distinction between “operate” and “actual physical control”; staff said the language mirrors current law and its application, including scenarios where a person at the wheel is treated as in control even if the car is stationary. Members also discussed whether the 0.02 threshold for under‑21 drivers is appropriate, with some concerns about unintended consequences for very young drivers; witnesses noted that other interventions (including DCF involvement) remain available where warranted.

The draft sets an effective date of July 1 and preserves existing reinstatement and restricted‑license procedures. The committee did not take a formal vote; staff said they would be available for technical markup and additional hearings.