44-4-1205. Authority of court to order participation in sobriety program -- probationary license -- condition of parole. (1) If an individual convicted of a second or subsequent offense of driving under the influence in violation of 61-8-401 or second or subsequent offense of driving with excessive alcohol concentration in violation of 61-8-406 has been required to participate in the sobriety program, the court may, upon the individual's successful completion of a court-approved chemical dependency treatment program and proof of insurance pursuant 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 must complete a certain portion of a suspension period before a probationary license may be issued.
     (2) 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.
     (3) The court may condition any bond or pretrial release for an individual charged with a second or subsequent violation of 61-8-401 or 61-8-406 upon participation in the sobriety program and payment of the fees required by 44-4-1204.
     (4) The court may condition the granting of a suspended execution of sentence or probation for an individual convicted of a second or subsequent violation of 61-8-401 or 61-8-406 upon participation in the sobriety program and payment of the fees required by 44-4-1204.
     (5) The board of pardons and parole, the department of corrections, or a parole officer may condition parole for a second or subsequent violation of 61-8-401 or 61-8-406 upon participation in the sobriety program and payment of the fees required by 44-4-1204.

     History: En. Sec. 5, Ch. 318, L. 2011.