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

   1. (a) fails to enroll in the 24/7 sobriety program;
   2. (b) is unwilling to pay the associated testing or participation fees;
   3. (c) admits use of alcohol or a dangerous drug;
   4. (d) fails to provide a proper test sample;
   5. (e) violates a condition of program participation; or
   6. (f) is otherwise determined to be noncompliant by a program administrator or judge.

2. (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:

   1. (a) fails to report to the testing location during the scheduled testing times;
   2. (b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis; or
   3. (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. (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:

   1. (a) the transdermal alcohol monitoring system reports a confirmed positive transdermal result; or
   2. (b) the transdermal alcohol monitoring system reports a confirmed tamper.

4. (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:

   1. (a) the remote breath alcohol monitoring system reports a confirmed positive result;
   2. (b) the remote breath alcohol monitoring system reports a confirmed tamper; or
   3. (c) the participant fails to provide a breath sample within thirty minutes of a scheduled test time.

5. (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:

   1. (a) fails to appear for a scheduled patch installation or removal;
   2. (b) receives a positive test result after laboratory analysis of the patch; or
   3. (c) tampers with the patch.

6. (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:

   1. (a) fails to report to the testing location at a scheduled testing time;
   2. (b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis;
   3. (c) fails a screening test and refuses a confirmatory test;
   4. (d) fails a confirmatory test;
   5. (e) admits use of a prohibited substance; or
   6. (f) adulterates or otherwise tampers with a sample.

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.