SENATE BILL NO. 489
INTRODUCED BY L. GROSFIELD
AN ACT REVISING THE PENALTIES FOR FOURTH OR SUBSEQUENT OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND DRIVING WITH EXCESSIVE ALCOHOL CONCENTRATION; ALLOWING AS A PENALTY FOR A FOURTH OR SUBSEQUENT OFFENSE THAT A PERSON ENTER AND COMPLETE A RESIDENTIAL ALCOHOL DEPENDENCY TREATMENT PROGRAM OPERATED OR APPROVED BY THE DEPARTMENT OF CORRECTIONS; ALLOWING THE DEPARTMENT OF CORRECTIONS TO OPERATE A RESIDENTIAL ALCOHOL TREATMENT PROGRAM AT THE FORENSIC UNIT AT WARM SPRINGS; AMENDING SECTIONS 53-1-202, 61-8-731, AND 61-8-732, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.
WHEREAS, the incidence of fourth or subsequent convictions for driving under the influence of alcohol has not abated despite the threat of imprisonment; and
WHEREAS, alcoholism may be treatable with the appropriate level of intensive therapeutic programming; and
WHEREAS, a program of intensive residential alcohol treatment may reduce recidivism by persons who drive under the influence of alcohol.
THEREFORE, the Legislature finds that it is in the interests of public health and safety to establish a residential alcohol treatment program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-1-202, MCA, is amended to read:
"53-1-202. (Temporary) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.
(2) Adult corrections services consist of the following correctional facilities or programs:
(a) the prisons listed in 53-30-101;
(b) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:
(i) in prerelease centers;
(ii) under intensive supervision;
(iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or
(iv) in other appropriate programs; and
(c) the boot camp authorized by 53-30-403.
(3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:
(a) Pine Hills youth correctional facility or other state youth correctional facility; and
(b) any other facility or program that provides custody and services for delinquent youth.
(4) A state institution or facility may not be moved, discontinued, or abandoned without the consent of the legislature.
53-1-202. (Effective on occurrence of contingency) Department of corrections. (1) Adult and youth correctional services are included in the department of corrections to carry out the purposes of the department.
(2) Adult corrections services consist of the following correctional facilities or programs:
(a) the prisons listed in 53-30-101;
(b) appropriate community-based programs for the placement, supervision, and rehabilitation of adult felons who meet the criteria developed by the department for placement:
(i) in prerelease centers;
(ii) under intensive supervision;
(iii) under parole or probation pursuant to Title 46, chapter 23, part 2; or
(iv) in other appropriate programs;
(c) the boot camp authorized by 53-30-403; and
(d) a residential alcohol treatment program located at the forensic unit at Warm Springs.
(3) Youth correctional services consist of the following correctional facilities or programs to provide for custody, supervision, training, education, and rehabilitation of delinquent youth and youth in need of intervention pursuant to Title 52, chapter 5:
(a) Pine Hills youth correctional facility or other state youth correctional facility; and
(b) any other facility or program that provides custody and services for delinquent youth.
(4) A state institution or correctional facility may not be moved, discontinued, or abandoned without the consent of the legislature."
Section 2. 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)(a) imprisonment sentencing the person to the department of corrections for placement in an appropriate correctional
facility or program 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 for a term of 13 months. The court shall order
that if the person successfully completes a residential alcohol treatment program operated or approved by the department of
corrections, the remainder of the 13-month sentence must be served on probation. The imposition or execution of the
13-month sentence may not be deferred or suspended, and the person is not eligible for parole.
(b) sentencing the person to either the department of corrections or the Montana state prison or Montana women's prison for a term of not more than 5 years, all of which must be suspended, to run consecutively to the term imposed under subsection (1)(a); and
(c)(c) a fine in an amount 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.
(2) The department of corrections may place an offender sentenced under subsection (1)(a) in a residential alcohol treatment program operated or approved by the department of corrections or in a state prison.
(3) The court shall, as a condition of probation, order:
(a) that the person abide by the standard conditions of probation promulgated by the department of corrections;
(b) a person who is financially able to pay the costs of imprisonment, probation, and alcohol treatment under this section;
(c) that the person may not frequent an establishment where alcoholic beverages are served;
(d) that the person may not consume alcoholic beverages;
(e) that the person may not operate a motor vehicle unless authorized by the person's probation officer;
(f) that the person enter in and remain in an aftercare treatment program for the entirety of the probationary period;
(g) that the person submit to random or routine drug and alcohol testing; and
(h) that if the person is permitted to operate a motor vehicle, the vehicle be equipped with an ignition interlock system.
(3)(4) The sentencing judge may impose upon the defendant any other reasonable restrictions or conditions during the
period of probation. Reasonable restrictions or conditions may include but are not limited to:
(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; or
(f) treatment in a state-approved public or private treatment facility; or
(g)(f) any combination of the restrictions or conditions listed in subsections (3)(a) through (3)(f) (3)(e).
(4) (a)(5) 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.
(6) The provisions of 46-18-203, 46-23-1001 through 46-23-1005, 46-23-1011 through 46-23-1014, and 46-23-1031 apply to persons sentenced under this section."
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, regardless of disposition, a defendant convicted of a violation of 61-8-401 or 61-8-406 shall complete:
(a) a chemical dependency assessment;
(b) a chemical dependency education course; and
(c) on a second or subsequent conviction for a violation of 61-8-401 or 61-8-406, except a fourth or subsequent conviction for which the defendant completes a residential alcohol treatment program under 61-8-731(2), or as required by subsection (8) of this section, chemical dependency treatment.
(2) 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.
(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) 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) 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) 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) 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) 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) (a) On a second or subsequent conviction, the treatment program provided for in subsection (5) must be followed by monthly monitoring for a period of at least 1 year from the date of admission to the program.
(b) If a defendant fails to comply with the monitoring program imposed under subsection (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. 207 is passed and approved and if it includes a section that removes the forensic unit at Warm Springs as one of the facilities or programs of the department of corrections, then [section 1] is void.
Section 5. Effective date. [This act] is effective July 1, 2001.
Section 6. Applicability. [This act] applies to persons sentenced under 61-8-731 for offenses committed on or after [the effective date of this act].
- END -
Latest Version of SB 489 (SB0489.ENR)
Processed for the Web on April 12, 2001 (1:50PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)
(406)444-3064