AN ACT REVISING THE PENALTIES FOR FOURTH OFFENSE DUI AND DRIVING WITH EXCESSIVE ALCOHOL CONCENTRATION; ALLOWING AN OFFENDER TO SERVE INITIAL IMPRISONMENT IN A STATE-APPROVED PUBLIC OR PRIVATE TREATMENT FACILITY THAT PROVIDES APPROPRIATE CHEMICAL DEPENDENCY TREATMENT; PROVIDING THAT ONLY THE FIRST 6 MONTHS OF MANDATORY IMPRISONMENT ON A FOURTH OFFENSE DUI MAY NOT BE SUSPENDED; AND AMENDING SECTION 61-8-731, MCA.

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

Section 1. Section 61-8-731, MCA, is amended to read:

"61-8-731. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- penalty for fourth or subsequent offense. (1) On the fourth or subsequent conviction under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406, the person is guilty of a felony and shall be punished by:

(a) imprisonment for a term of not less than 6 months or more than 13 months, for which the imposition or execution of the first 6 months may not be suspended, and during which the person is not eligible for parole;

(b) probation for a term of not less than 1 year or more than 4 years; and

(c) a fine of not less than $1,000 or more than $10,000.

(2) The court shall, subject to sentencing restrictions:

(a) specify one of the following facilities as the initial place in which the term of imprisonment must be served:

(i) a state prison;

(ii) a regional correctional facility;

(iii) a county jail;

(iv) a boot camp, provided the prior approval of the department of corrections has been obtained; or

(v) a prerelease center or, upon acceptance by the facility, a state-approved public or private treatment facility that provides the appropriate level of chemical dependency treatment, provided the prior approval of the department of corrections has been obtained; or

(b) sentence the person to the department of corrections for placement in an appropriate correctional institution or program; and

(c) order a person who is financially able to pay the costs of imprisonment , probation, and chemical dependency treatment under this section and of the information course and treatment under 61-8-732.

(3) The sentencing judge may impose upon the defendant any reasonable restrictions or conditions during the period of probation. Reasonable restrictions or conditions may include:

(a) payment of a fine as provided in 46-18-231;

(b) payment of costs as provided in 46-18-232 and 46-18-233;

(c) payment of costs of court-appointed counsel as provided in 46-8-113;

(d) community service;

(e) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of society;

(f) treatment in a state-approved public or private treatment facility; or

(g) any combination of the restrictions or conditions listed in subsections (3)(a) through (3)(f).

(4) (a) Following initial placement of a defendant in a boot camp , prerelease center, or treatment facility under subsection (2)(a), the department of corrections may, at its discretion, place the offender in another facility or program.

(b) The department of corrections may order all or any portion of the term of probation to be served under intensive supervision. The provisions of Title 46, chapter 23, part 10, relating to probation, apply to the probation.

(5) If a violation of the restrictions or conditions of the probation is established, the court may continue the period of probation or may require the defendant to serve the remainder of the probation sentence in one of the facilities set forth in subsection (2)(a) or (2)(b). The court may credit the remainder of the probation or the time to be served in a facility set forth in subsection (2)(a) or (2)(b) with all or part of the time already served on probation."

- END -

I hereby certify that the within bill,

HB 0116, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 116

INTRODUCED BY D. MCGEE

BY REQUEST OF THE CORRECTIONAL STANDARDS AND OVERSIGHT COMMITTEE

AN ACT REVISING THE PENALTIES FOR FOURTH OFFENSE DUI AND DRIVING WITH EXCESSIVE ALCOHOL CONCENTRATION; ALLOWING AN OFFENDER TO SERVE INITIAL IMPRISONMENT IN A STATE-APPROVED PUBLIC OR PRIVATE TREATMENT FACILITY THAT PROVIDES APPROPRIATE CHEMICAL DEPENDENCY TREATMENT; PROVIDING THAT ONLY THE FIRST 6 MONTHS OF MANDATORY IMPRISONMENT ON A FOURTH OFFENSE DUI MAY NOT BE SUSPENDED; AND AMENDING SECTION 61-8-731, MCA.