State v. Spady, 2015 MT 218 (July 30, 2015) (McGrath, C.J.) (7-0, aff’d & rev’d)
Issue: Whether the district court erred when it granted Spady’s motion to dismiss and concluded the 24/7 Sobriety Program is unconstitutional.
Short Answer: The Court holds that the 24/7 program is constitutional, but that state law and due process require an individualized assessment to determine whetherae defendant is an appropriate candidate for the program. Because the justice court did not conduct such an assessment here, the Court affirms the district court’s decision to remand Spady’s case to justice court with instructions to dismiss the contempt charges against him.
Affirmed and reversed, remanded with instructions
Facts: The 2011 Legislature enacted the 24/7 Sobriety Program Act, §§ 44-4-1201 through -1206, MCA.…