Montana Code 44-4-1204. Rulemaking — testing fee
44-4-1204. Rulemaking — testing fee. The attorney general shall adopt rules to implement this part. The rules must:
Terms Used In Montana Code 44-4-1204
- Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-4-1202
- program: means the 24/7 sobriety and drug monitoring program established in 44-4-1203, which authorizes a court or an agency as defined in 2-15-102, as a condition of bond, sentence, probation, parole, or work permit, to:
(i)require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, including but not limited to a second or subsequent offense of driving under the influence of alcohol or dangerous drugs, to abstain from alcohol or dangerous drugs for a period of time; and
(ii)require the individual to be subject to testing to determine the presence of alcohol or dangerous drugs. See Montana Code 44-4-1202
- Testing: means a procedure for determining the presence and level of alcohol or a dangerous drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of in person or remote breath testing, drug patch testing, urinalysis testing, saliva testing, or continuous remote transdermal alcohol monitoring. See Montana Code 44-4-1202
(1)provide for the nature and manner of testing and the procedures and apparatus to be used for testing;
(2)establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;
(3)provide for the establishment and use of local accounts for the deposit of fees collected pursuant to these rules; and
(4)require and provide for the approval of a sobriety program data management technology plan that must be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports.