SENATE BILL NO. 483
INTRODUCED BY C. CHRISTIAENS, BECK, HARRINGTON, ZOOK
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 -
Latest Version of SB 483 (SB0483.ENR)
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Status of this Bill | 2001 Legislature | Leg. Branch
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