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LAW & JUSTICE INTERIM COMMITTEE. DUI AMENDMENTS PROPOSED BY ART LUSSE JUNE 30, 2010 . Present Law 1 st Offense. Fine Few hours detained Minimal education “Six months and done”. Present deficiencies. Not a deterrent 1 st offender, P otential recidivist, unfazed,

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law justice interim committee

LAW & JUSTICE INTERIM COMMITTEE

DUI AMENDMENTS

PROPOSED BY ART LUSSE

JUNE 30, 2010

present law 1 st offense
Present Law 1st Offense
  • Fine
  • Few hours detained
  • Minimal education
  • “Six months and done”
present deficiencies
Present deficiencies
  • Not a deterrent
  • 1st offender,
  • Potential recidivist, unfazed,
  • Perception factors,
  • Penalty factors,
  • No Court, assessment collaboration
proposed amendments
Proposed Amendments
  • 1st offense jurisdiction: 3 years
  • 2nd and 3rd offenses: 5 years
  • Summary probation
  • Mandatory term & conditions
  • Refusal enhancement
  • Reinstatement fees
  • Bail determinations
  • Look back provisions
summary probation
Summary Probation
  • Conserves criminal justice resources,
  • Court / prosecutors leverage
  • Defendant provided with choices
  • Treatment professionals prioritized
  • Remains on criminal record as a conviction.
practical application
Practical Application
  • No effect if isolated event
  • Allows for proper treatment
  • Swift response
  • Punishment
  • Perception
mandatory conditions 1st
Mandatory Conditions 1st
  • “Zero tolerance” 1 year minimum
  • Assessment protocol
  • ACT + treatment
  • No refusal to BAC or PAS
  • No additional offenses
  • No driving licensed, insured, SR22
  • Fines / fees doubled(reinstatement $400)
violation of probation
VIOLATION OF PROBATION
  • Petition to Revoke MCA 46-18-203
  • Defendant arraigned on Petition, even before released on bail. Hearing set.
  • Pre-complaint/Post Petition Disposition Conference
  • Hearing on Petition
  • Revocation or modification
  • New complaint
2 nd offense
2nd Offense
  • Maximum jail:1 year
  • 5 years mandatory probation
  • Mandatory Assessment
  • Mandatory hearing on Assessment
  • Mandatory monthly reporting
  • Minimum 15 days in jail
  • Minimum 30 days if 16 passenger
  • Fines / fees doubled (reinstatement $750)
mandatory conditions 2nd
Mandatory Conditions 2nd
  • Zero tolerance term of probation
  • No refusal to BAC or PAS
  • No additional offenses
  • No driving licensed, insured, SR22
  • Interlock Device / 24/7
  • 24-60 month monthly appearance
  • Mandatory jail terms for violations.
  • Sentence credit for treatment
3 rd offense
3rd Offense
  • 1 year in jail
  • Minimum 120 days in jail. 30 consecutive
  • Minimum 180 days if minor in vehicle
  • Assessment & Hearing
  • 60 months monthly reporting
  • Presumption of Vehicle forfeiture
mandatory conditions 3rd
Mandatory Conditions 3rd
  • Zero tolerance term of probation
  • No refusal to BAC or PAS
  • No additional offenses
  • No driving licensed, insured, SR22
  • Presumption of vehicle forfeiture
  • Interlock Device / 24/7
  • 5 year monthly appearance
  • Mandatory consecutive jail terms for violation.
  • Sentence credit for treatment
refusals
Refusals
  • Driving a privilege not a right.
  • Aid law enforcement at scene
  • Plead enhancement of “refusal”
  • If finding of guilty of DUI
  • Court / jury considers enhancement
  • Finding enhancement true
  • Minimum, mandatory 10 days jail

if 1st; 30 days if prior conviction

look back provisions
Look Back Provisions
  • Consideration of prior convictions
  • Current law 5 years
  • Research supports longer term
  • 10 years
  • Focus is community not the individual
reinstatement fees
Reinstatement Fees
  • Current fee $200
  • Proposal increase to $500
  • Revenue increase on 1st
  • Fees back to county
  • Fund prevention & treatment
  • 2nd offense $750
multiple offenses bail
Multiple Offenses: Bail
  • MCA 46-9-109 Bail considerations
  • Physical and mental condition,
  • Past conduct, history relating to alcohol or drug abuse and criminal history.
  • Defendant on probation or parole,
  • The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
proof of financial responsibility
Proof of Financial Responsibility
  • Current requirements for minimum insurance for bodily injury or death have not been increased since 1975. In 1975, the minimum insurance requirement for bodily injury to or death of a person was increased to $25,000 and to $50,000 for two or more persons. These amounts have not been increased since then. I do not know the correct amount to adjust to 2010 minimums but it must be increased.
mca 45 1 201
MCA 45-1-201
  • Classification of offenses.
  • (1) For the determination of the court's jurisdiction at the commencement of the action … the offense shall be designated a felony or misdemeanor based upon the maximum potential sentence which could be imposed by statute… ?
mca 46 23 1005
MCA 46-23-1005
  • Misdemeanor probation offices
  • (1) A local government may establish a misdemeanor probation office associated with a justice's court, municipal court, or city court. The misdemeanor probation office shall monitor offenders for misdemeanor sentence compliance and restitution payments. ..