1. (1) The department shall approve a PAST device for use in the 24/7 sobriety program if the device:

   1. (a) appears on the list of approved PAST devices maintained by the Forensic Science Division; and
   2. (b) is field certified pursuant to ARM 23.4.213.
2. (2) The department shall include a device approved pursuant to (1) on its list of approved testing methodologies, instruments, and vendors.

3. (3) The following definitions apply to a twice-daily PAST testing regimen:

   1. (a) "Confirmation test" or "confirmatory test" is the final breath alcohol test used to determine if a participant violated the requirements of the program.
   2. (b) "Confirmed no show" means a pending no show that is unexcused and confirmed. A confirmed no show is a non-compliant event.
   3. (c) "Deprivation period" means the time required between a non-negative initial test and a confirmatory test. During a deprivation period, the participant is instructed to remove any non-fixed foreign material from their mouth and to not place any new foreign matter into their mouth.
   4. (d) "Excused no show" means a pending no show that is excused by the participant's supervisor. An excused no show is not a non-compliant event.
   5. (e) "Initial test" is a first test that screens out compliant participants. Participants with a non-negative initial test are subject to a confirmatory test.
   6. (f) "Negative for the presence of alcohol" means the PAST initial or confirmatory test results are less than 0.006 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters.
   7. (g) "Non-negative test result" means the PAST initial test results are greater than or equal to 0.006 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters. Non-negative test results are compliant test results.
   8. (h) "Pending no show" means a scheduled test for which a participant did not appear or did not provide a sample for analysis, but the no show is not yet confirmed or excused by the participant's supervisor.
   9. (i) "Positive for the presence of alcohol" means the initial and confirmatory test results are 0.006 G/210L or greater, where G means the weight of alcohol in grams and L means the volume of breath in liters.
   10. (j) "Refusal to test" means a participant is unwilling to provide a confirmatory test after an initial test. This is a non-compliant event.
4. (4) All testing data from a PAST device must be entered into the data management system.

Authorizing statute(s): 44-4-1204, MCA

Implementing statute(s): 44-4-1203, 44-4-1204, MCA

History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.