2001 Montana Legislature

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SENATE BILL NO. 483

INTRODUCED BY C. CHRISTIAENS, BECK, HARRINGTON, ZOOK

Montana State Seal

AN ACT GENERALLY REVISING THE LAWS PERTAINING TO A THIRD OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; PROVIDING THAT ALL SENTENCES MUST REQUIRE CHEMICAL DEPENDENCY TREATMENT AT A STATE-APPROVED PUBLIC OR PRIVATE TREATMENT FACILITY; AMENDING SECTIONS 61-8-714, 61-8-722, AND 61-8-732, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND AN APPLICABILITY DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 61-8-714, MCA, is amended to read:

     "61-8-714.  Penalty for driving under influence of alcohol or drugs -- first through third offense. (1) A person convicted of a violation of 61-8-401 shall be punished by imprisonment for not less than 24 consecutive hours or more than 6 months and shall be punished by a fine of not less than $100 or more than $500. The initial 24 hours of the imprisonment term must be served in the county jail and may not be served under home arrest. The mandatory imprisonment sentence may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the defendant's physical or mental well-being. Except for the initial 24 hours of the imprisonment term, the imprisonment sentence may be suspended for a period of up to 6 months pending successful completion of court-ordered chemical dependency assessment, education, or treatment by the defendant.

     (2)  On a second conviction, the person shall be punished by a fine of not less than $300 or more than $500 and by imprisonment for not less than 7 days or more than 6 months. At least 48 hours of the imprisonment term must be served consecutively in the county jail and may not be served under home arrest. Three days of the imprisonment sentence may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the defendant's physical or mental well-being. Except for the initial 3 days of the imprisonment term, the imprisonment sentence may be suspended for a period of up to 6 months pending successful completion of a chemical dependency treatment program by the defendant.

     (3)  On the third conviction, the person shall be punished by:

     (a) imprisonment for a term of not less than 30 days or more than 1 year and by a fine of not less than $500 or more than $1,000. At least 48 hours of the imprisonment term must be served consecutively in the county jail and may not be served under home arrest. The imposition or execution of the first 10 days of the imprisonment sentence may not be suspended. The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending successful completion of a the chemical dependency treatment program by the defendant as required under subsection (3)(b). The total term of imprisonment and treatment may not exceed 1 year.

     (b) a requirement for chemical dependency treatment at a state-approved public or private treatment facility designated by the court, upon acceptance by the facility. The imposition of treatment may not be suspended.

     (c) a fine of not less than $500 or more than $1,000."



     Section 2.  Section 61-8-722, MCA, is amended to read:

     "61-8-722.  Penalty for driving with excessive alcohol concentration -- first through third offense. (1) A person convicted of a violation of 61-8-406 shall be punished by imprisonment for not more than 10 days and shall be punished by a fine of not less than $100 or more than $500.

     (2)  On a second conviction of a violation of 61-8-406, the person shall be punished by imprisonment for not less than 48 consecutive hours, to be served in the county jail and not on home arrest, or more than 30 days and by a fine of not less than $300 or more than $500.

     (3)  On a third conviction of a violation of 61-8-406, the person shall be punished by:

     (a) imprisonment for not less than 48 consecutive hours, to be served in the county jail and not on home arrest, or more than 6 months and by a fine of not less than $500 or more than $1,000.; and

     (b) a requirement for chemical dependency treatment at a state-approved public or private treatment facility designated by the court, upon acceptance by the facility. The imposition of treatment may not be suspended. The total term of imprisonment and treatment may not exceed 6 months."



     Section 3.  Section 61-8-732, MCA, is amended to read:

     "61-8-732.  Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- assessment, education, and treatment required. (1) In addition to the punishments provided in 61-8-714,, 61-8-722, and 61-8-731, and 61-8-731, regardless of disposition, a defendant convicted of a violation of 61-8-401 or 61-8-406 shall complete:

     (a)(a)  a chemical dependency assessment;

     (b)(b)  a chemical dependency education course; and

     (c)(c) chemical dependency treatment as provided in this section on a second or subsequent subsequent conviction for a violation of 61-8-401 or 61-8-406 or as required by subsection (8) (8) of this section, unless chemical dependency treatment is ordered under 61-8-714, 61-8-722, or 61-8-731.

     (2) The (2) Except on a third conviction, the sentencing judge may, in the judge's discretion, require the defendant to complete the chemical dependency assessment prior to sentencing the defendant. If the assessment is not ordered or completed before sentencing, the judge shall order the chemical dependency assessment as part of the sentence. An assessment on a third conviction for a violation under 61-8-401 or 61-8-406 must be completed prior to sentencing.

     (3)(3)  The chemical dependency assessment and the chemical dependency education course must be completed at a treatment program approved by the department of public health and human services and must be conducted by a certified chemical dependency counselor. The defendant may attend a treatment program of the defendant's choice as long as the treatment services are provided by a certified chemical dependency counselor. The defendant shall pay the cost of the assessment, the education course, and chemical dependency treatment.

     (4)(4)  The assessment must describe the defendant's level of addiction, if any, and contain a recommendation as to education, treatment, or both. A defendant who disagrees with the initial assessment may, at the defendant's cost, obtain a second assessment provided by a certified chemical dependency counselor or a program approved by the department of public health and human services.

     (5)(5)  The treatment provided to the defendant at a treatment program must be at a level appropriate to the defendant's alcohol or drug problem, or both, as determined by a certified chemical dependency counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Upon determination, the court shall order the defendant's appropriate level of treatment. If more than one counselor makes a determination as provided in this subsection, the court shall order an appropriate level of treatment based upon the determination of one of the counselors.

     (6)(6)  Each counselor providing education or treatment shall, at the commencement of the education or treatment, notify the court that the defendant has been enrolled in a chemical dependency education course or treatment program. If the defendant fails to attend the education course or treatment program, the counselor shall notify the court of the failure.

     (7)(7)  A court or counselor may not require attendance at a self-help program other than at an "open meeting", as that term is defined by the self-help program. A defendant may voluntarily participate in self-help programs.

     (8)(8)  Chemical dependency treatment must be ordered for a first-time offender convicted of a violation of 61-8-401 or 61-8-406 upon a finding of chemical dependency made by a certified chemical dependency counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services.

     (9)(9)  (a)(a) On a second or subsequent subsequent conviction, the treatment program provided for in subsection (5) (5) must be followed by monthly monitoring for a period of at least 1 year from the date of admission to the program.

     (b)(b)  If a defendant fails to comply with the monitoring program imposed under subsection (9)(a) (9)(a), the court shall revoke the suspended sentence, if any, impose any remaining portion of the suspended sentence, and may include additional monthly monitoring for up to an additional 6 months."



     Section 4.  Coordination instruction. If Senate Bill No. 489 and [this act] are both passed and approved, then [section 3] of Senate Bill No. 489, amending 61-8-732, is void.



     Section 5.  Effective date -- applicability. [This act] is effective January 1, 2002, and applies to persons sentenced under 61-8-731 on or after January 1, 2002.

- END -




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