44-4-1206. Collection, distribution, and use of testing fees. The law enforcement agency of a county in which a sobriety program exists shall collect the testing fee required by the rules of the department and deposit the fees into the local sobriety program account established pursuant to department rules. The fee must be distributed according to those rules to the proper entity for use by the law enforcement agency or the law enforcement agency’s designee pursuant to the terms determined by the law enforcement agency in accordance with the provisions of this part and the rules implementing this part.

Terms Used In Montana Code 44-4-1206

  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-4-1202
  • Law enforcement agency: means the county sheriff's office or another law enforcement agency designated by the county sheriff's office that is charged with enforcing the sobriety program. 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
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