23.18.316    VIOLATIONS—NONCOMPLIANT EVENTS

(1) A participant fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to enroll in the 24/7 sobriety program;

(b) is unwilling to pay the associated testing or participation fees;

(c) admits use of alcohol or a dangerous drug;

(d) fails to provide a proper test sample;

(e) violates a condition of program participation; or

(f) is otherwise determined to be noncompliant by a program administrator or judge.

(2) In addition to the noncompliant events in (1), a participant who is ordered to submit to twice-daily breath tests on a PAST fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to report to the testing location during the scheduled testing times;

(b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis; or

(c) provides a confirmatory test that is positive for the presence of alcohol greater than or equal to 0.006 G/210L of breath for PAST devices.

(3) In addition to the noncompliant events in (1), a participant who is ordered to submit to transdermal alcohol monitoring fails to comply with the requirements of the 24/7 sobriety program if:

(a) the transdermal alcohol monitoring system reports a confirmed positive transdermal result; or

(b) the transdermal alcohol monitoring system reports a confirmed tamper.

(4) In addition to the noncompliant events in (1), a participant who is ordered to submit to remote breath alcohol monitoring fails to comply with the requirements of the 24/7 sobriety program if:

(a) the remote breath alcohol monitoring system reports a confirmed positive result;

(b) the remote breath alcohol monitoring system reports a confirmed tamper; or

(c) the participant fails to provide a breath sample within thirty minutes of a scheduled test time.

(5) In addition to the noncompliant events in (1), a participant who is ordered to submit to drug patch testing fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to appear for a scheduled patch installation or removal;

(b) receives a positive test result after laboratory analysis of the patch; or

(c) tampers with the patch.

(6) In addition to the noncompliant events in (1), a participant who is ordered to submit to urinalysis testing or saliva testing fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to report to the testing location at a scheduled testing time;

(b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis;

(c) fails a screening test and refuses a confirmatory test;

(d) fails a confirmatory test;

(e) admits use of a prohibited substance; or

(f) adulterates or otherwise tampers with a sample.

History: 44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA; NEW, 2020 MAR p. 2407, Eff. 12/25/20.