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LAW & JUSTICE INTERIM COMMITTEE

Proposed DUI amendments to address deficiencies in the current law, emphasizing probation, mandatory conditions, and enforcement strategies for multiple offenses. The amendments aim to reduce recidivism and enhance public safety.

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LAW & JUSTICE INTERIM COMMITTEE

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  1. LAW & JUSTICE INTERIM COMMITTEE DUI AMENDMENTS PROPOSED BY ART LUSSE JUNE 30, 2010

  2. Present Law 1st Offense • Fine • Few hours detained • Minimal education • “Six months and done”

  3. Present deficiencies • Not a deterrent • 1st offender, • Potential recidivist, unfazed, • Perception factors, • Penalty factors, • No Court, assessment collaboration

  4. 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

  5. Summary Probation • Conserves criminal justice resources, • Court / prosecutors leverage • Defendant provided with choices • Treatment professionals prioritized • Remains on criminal record as a conviction.

  6. Practical Application • No effect if isolated event • Allows for proper treatment • Swift response • Punishment • Perception

  7. 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)

  8. 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

  9. 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)

  10. 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

  11. 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

  12. 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

  13. 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

  14. Look Back Provisions • Consideration of prior convictions • Current law 5 years • Research supports longer term • 10 years • Focus is community not the individual

  15. Reinstatement Fees • Current fee $200 • Proposal increase to $500 • Revenue increase on 1st • Fees back to county • Fund prevention & treatment • 2nd offense $750

  16. 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.

  17. 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.

  18. 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… ?

  19. 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. ..

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