The program is an addition to chapter 54-12 of the North Dakota Century Code and is part of House bill No. 1306. The proposal now goes to the state Senate.
The project, which started in January 2008 in south central North Dakota, requires regular breath testing of suspected drunken drivers. Under the program, an offender who has been arrested more than once for drunk driving could be authorized to undergo breath tests twice daily as a condition of parole.
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A test detecting use of alcohol, however, could send the offender back to jail.
"Any law put into place which maintains accountability for an offender simply helps to protect the public," said Richland County Safe Communities Coalition Coordinator Jennifer Mauch.
In its second engrossment, the bill states offenders in the twenty-four seven sobriety program may drive a car to the test site only. People in rural areas could also be allowed to be tested twice daily in a different format.
"If they can't get to the site because they are in a rural area there is also a bracelet these individuals can wear," Delmore said, clarifying it acts in a similar fashion as the breath test to detect alcohol. "If they decide they want to tamper with it or alcohol is detected, they too would go back into custody."
Richland County Sheriff Larry Leshovsky has been involved in several discussions with sheriffs and deputies across the state and heard success stories of counties that have the program already in operation.
"They've found it to have worked as a way to keep people off alcohol and drugs," Leshovsky said.
Yet, the program still raises several concerns for Leshovsky. He questions if it will be the Sheriff's Office only who would administer the tests twice daily and how much time his deputies can devote to the program.
"We're somewhat fortunate because we do have people that are working 24-7, such as the jail staff," he said. "We'll definitely work with the program if it's something that's going to work. Things that work you have to use."
As outlined in the bill, a district or municipal court could also order an offender charged with other misdemeanors or felonies such as domestic violence, abuse, neglect of a child or possession of a controlled substance to enroll in the program as a term of parole. In many circumstances, treatment is coupled with the program.
"It's a cheaper way to do the right thing by these people and to make sure they can stay in their homes, stay at their jobs and live a better life," Delmore said.
John Fleming wrote on Feb 21, 2009 5:04 PM: