§ 44-4-1201 Short title
§ 44-4-1202 Purpose — definitions
§ 44-4-1203 Sobriety and drug monitoring program created
§ 44-4-1204 Rulemaking — testing fee
§ 44-4-1205 Authority of court to order participation in sobriety and drug monitoring program — probationary license — imposition of conditions
§ 44-4-1206 Collection, distribution, and use of testing fees

Terms Used In Montana Code > Title 44 > Chapter 4 > Part 12 - Montana 24/7 Sobriety and Drug Monitoring Program Act

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core components: means those elements of a sobriety program that analysis demonstrates are most likely to account for positive program outcomes. See Montana Code 44-4-1202
  • Dangerous drug: has the meaning provided in 50-32-101. See Montana Code 44-4-1202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-4-1202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • 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