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

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Presentation on theme: "DUI AMENDMENTS PROPOSED BY ART LUSSE JUNE 30, 2010 LAW & JUSTICE INTERIM COMMITTEE."— Presentation transcript:

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

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

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

4 Proposed Amendments 1 st offense jurisdiction: 3 years 2 nd and 3 rd 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 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 2 nd 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/ month monthly appearance Mandatory jail terms for violations. Sentence credit for treatment

11 3 rd 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 1 st ; 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 2 nd offense $750

16 Multiple Offenses: Bail MCA 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 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 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 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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