20.7.602 DAY REPORTING PROGRAM
(1) The department may establish and administer a day reporting program in any geographic region deemed appropriate by the department. The department may also contract with a Montana corporation to operate a day reporting program in a Montana community deemed appropriate by the department.
(2) The purposes of the day reporting program are to:
(a) provide an alternative sentencing option as a condition of a deferred or suspended sentence;
(b) provide a structured program for closer supervision of offenders on probation, parole, or conditional release;
(c) provide a sanction for offenders who violate the rules of probation, parole, or conditional release; and
(d) provide a program that can be used to transition offenders from secure facilities into the community.
(3) Pursuant to 46-18-201, MCA, a court may make participation in the day reporting program a condition of a deferred or suspended sentence. Additionally, the department may, in its sole discretion, place an offender in the program if the department determines that the offender requires that level of supervision.
(4) While in a day reporting program the offender must abide by all the standard probation and parole conditions, any special conditions imposed by the court or the board, and at a minimum, the following program rules:
(a) The offender must, at the direction of the day reporting officer, maintain a telephone land-line or other means of electronic monitoring.
(b) The offender must maintain and abide by a written weekly schedule that includes the specific times the offender will be at work, counseling or treatment, or other significant events.
(c) The offender must complete a life skills program as directed by the day reporting officer.
(d) The offender must abide by the curfew set by the day reporting program officer.
(e) The day reporting program shall have zero tolerance for alcohol and drug use. To assure compliance with the zero tolerance rule, the offender shall be subject to regular and random urinalysis and breath tests.
(f) While in the program, the offender must check-in daily by phone or other means as directed by the day reporting officer and must abide by the following face-to-face meeting schedule with the day reporting officer or designee:
(i) in Phase I, the offender is required to meet daily;
(ii) for the first 30 days of Phase II, the offender is required to meet twice a week; and
(iii) for the final 30 days of Phase II, the offender is required to meet once a week.
(5) An offender who violates program rules is subject to the following:
(b) revocation of probation, parole, or conditional release;
(c) imposition of statutory and department disciplinary sanctions;
(d) imposition of new program rules;
(e) lowering of the offender's program phase; and
(f) a requirement of more time in the program.
History: 53-1-203, MCA; IMP, 46-18-201, 46-18-225, 46-23-1015, 53-1-203, MCA; NEW, 2011 MAR p. 235, Eff. 2/25/11.