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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. 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

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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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