23.18.301    DEFINITIONS

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "24/7 sobriety program" or "program" means the program established in 4-4-1203, MCA. The program is a sobriety program in which a participant submits to testing of breath or other bodily substances to determine whether alcohol or drugs are present in the participant's body.

(2) "Continuous remote transdermal alcohol monitoring device" means an instrument that is securely located in close proximity to the wearer's skin and is capable of remotely sampling the wearer's sweat for the presence of transdermal alcohol concentration or TAC. The term includes any associated equipment necessary for the device to perform properly.

(3) "Data management system" means a data management technology plan approved by the Attorney General that is designed to manage testing, data access, fees and fee payments, and any required reports.

(4) "Department" means the Montana Department of Justice.

(5) "Drug patch" means an adhesive patch affixed to the skin for a set number of days that uses sweat to detect the parent drug and drug metabolite.

(6) "Participant" means a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or a parole officer to participate in the 24/7 sobriety program.

(7) "Participating agency" means a sheriff's office or an entity designated by a sheriff that has agreed to participate in the 24/7 sobriety program.

(8) "Participating vendor" means a vendor that meets the 24/7 sobriety program criteria established by the Attorney General to provide equipment or services to implement and operate the 24/7 sobriety program.

(9) "Preliminary alcohol screening test device" or "PAST" means a device listed on the Forensic Science Division's list for approved PAST devices.

(10) "Program requirements" means a document that sets forth the type and frequency of testing, the testing location, the testing fees and payment procedures, and the participant's responsibilities under the 24/7 sobriety program.

(11) "Remote breath test device" means a mobile breath alcohol testing device capable of scheduling tests at least three to six times a day and detecting and verifying the presence and level of alcohol in a testing participant's body. The term also includes ignition interlock devices.

(12) "Saliva testing" means testing that analyzes a saliva sample for parent drugs and metabolites.

(13) "Urinalysis" means the testing of urine by physical, chemical, and microscopical means to test for the presence of alcohol, drugs, or other substances.

(14) "Vendor agreement" means an agreement approved by the Attorney General between a participating vendor and a participating agency that establishes the services the participating vendor and a participating agency will provide, the related costs and fees, and the portion of costs and fees that will be paid to a participating vendor and to a participating agency.


History: 44-4-1204, MCA; IMP, 44-4-1204, MCA; NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.