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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) "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.

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

(3) "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.

(4) "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.

(5) "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.

(6) "Preliminary alcohol screening test device" means a device designed to detect and verify the presence of alcohol or provide an estimated value of alcohol concentration.

(7) "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.

(8) "24/7 sobriety program" or "program" means the program established in 2011 Mont. Laws, ch. 318, § 3. The program is a continuous 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.

(9) "Continuous remote transdermal alcohol monitoring device" means a device that is capable of remote continuous or transdermal alcohol monitoring that can be attached directly to the participant. The term includes any associated equipment necessary for the device to perform properly.

(10) "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.

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