2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 4. Miscellaneous Functions of Department of Justice › Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act › 44-4-1205. Authority of court to order participation in sobriety and drug monitoring program -- probationary license -- imposition of conditions

44-4-1205. Authority of court to order participation in sobriety and drug monitoring program -- probationary license -- imposition of conditions.
(1) (a) Any court or agency utilizing the sobriety program may stay any sanctions that it imposed against an offender while the offender is in compliance with the sobriety program.
(b) If an individual convicted of the offense of aggravated driving under the influence as defined in 61-8-1001, a second or subsequent offense of driving under the influence in violation of 61-8-1002, or a second or subsequent offense of driving with excessive alcohol concentration in violation of 61-8-1002(1)(b), (1)(c), or (1)(d) has been required to participate in the sobriety program, the court may, upon the individual's obtaining proof of insurance pursuant to 61-6-301, notify the department that as a participant in the sobriety program, the individual is eligible for a restricted probationary driver's license pursuant to 61-2-302, notwithstanding the requirements of 61-5-208 that an individual is required to complete a certain portion of a suspension period before a probationary license may be issued.
(c) If the individual fails to comply with the requirements of the sobriety program, the court may notify the department of the individual's noncompliance and direct the department to withdraw the individual's probationary driver's license and reinstate the remainder of the suspension period provided in 61-5-208.
(2) Upon an offender's participation in the sobriety program and payment of the fees required by 44-4-1204:
(a) the court may condition any bond or pretrial release for an individual charged with aggravated driving under the influence as defined in 61-8-1001, a second or subsequent violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;
(b) the court may condition the granting of a suspended execution of sentence or probation for an individual convicted of aggravated driving under the influence as defined in 61-8-1001 a second or subsequent violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime;
(c) the board of pardons and parole may condition parole for aggravated driving under the influence as defined in 61-8-1001, a second or subsequent violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; or
(d) the department of corrections may establish conditions for conditional release for a violation of aggravated driving under the influence as defined in 61-8-1001 a second or subsequent violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.
(3) An entity referred to in subsections (2)(a) through (2)(d) may condition any bond or pretrial release, suspended execution of sentence, probation, parole, or conditional release as provided in those subsections for an individual charged with or convicted of a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute.
(4) A person is eligible to participate in and a court may compel a person to participate in a sobriety program if the person:
(a) is charged with aggravated driving under the influence as defined in 61-8-1001; or
(b) (i) is charged with or has been convicted of violating 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001; and
(ii) at any time in the 10 years preceding the date of the current charge or conviction:
(A) has been convicted in this state of a violation of 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001;
(B) has been convicted of a violation of a statute or regulation in another state or on a federally recognized Indian reservation that is similar to 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001; or
(C) has forfeited bail or collateral deposited to secure the defendant's appearance in court in this state, in another state, or on a federally recognized Indian reservation for a charge of violating 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e) or aggravated driving under the influence as defined in 61-8-1001, or a similar statute or regulation and the forfeiture has not been vacated.
(5) As used in this section, "conviction" has the meaning provided in 45-2-101.
History: En. Sec. 5, Ch. 318, L. 2011; amd. Sec. 5, Ch. 309, L. 2013; amd. Sec. 3, Ch. 312, L. 2015; amd. Sec. 3, Ch. 374, L. 2019; amd. Sec. 19, Ch. 498, L. 2021.