State Legislative Summary SCRAM CAM and 24/7 Sobriety Programs 2015 Legislation Arkansas SB472: Known as the Criminal Justice Reform Act of 2015 this bill implements measures designed to enhance public safety and reduce the prison population. The bill provides for CAM in drug courts as a clinical device. Missouri SB254: This act authorizes the court to order a defendant to submit to CAM or verifiable breath alcohol testing at least four times per day in any DWI or boating while intoxicated, effective January 1, 2017. Montana HB65: This bill generally revises the 24/7 Sobriety Program laws. Montana HB491: This bill generally revises the 24/7 Sobriety Program laws. Montana HB488: This bill generally revises the 24/7 Sobriety Program laws. Nebraska LB605: This bill is designed to reduce prison overcrowding and allows for alternatives to incarceration like CAM. North Carolina HB529: Known as the North Carolina Drivers License Restoration Act. This bill allows for the use of CAM. North Carolina HB562: A judicial official may include as a condition of pretrial release that the defendant abstain from alcohol consumption, as verified by the use of CAM. North Carolina HB465: As a condition of pretrial release sexually violent defendants may be required to abstain from alcohol consumption, as verified by CAM. South Dakota SB108: Revises certain provisions relating to aggravated DUI's and allows for the 24/7 Sobriety Program. Tennessee SB456: This law pertains to conditions placed upon offenders released on bail. If a judge determines a person charged with an alcohol-involved vehicular assault, vehicular homicide, or aggravated vehicular homicide has a prior conviction, then the use of a transdermal monitoring device shall be a condition of the persons bail agreement. Washington HB5564: Allows juveniles to participate in the 24/7 Sobriety Program. Washington HB1276: This bill concerns impaired driving to include the 24/7 Sobriety Program and the use of CAM. Washington SB6134: This bill exempts pretrial electronic alcohol monitoring programs from statutory limitations on pretrial supervision costs. Alcohol Monitoring Systems, Inc.
2014 Legislation Florida HB7005: Authorizes the court to order sobriety and drug monitoring in addition to specified ignition interlock device requirements. Idaho HB461: Creates the 24/7 Sobriety Program for the monitoring of alcohol and drugs. Kentucky HB359: Allows courts to order a person to wear a continuous alcohol monitoring device as a condition of pretrial release. New Mexico HM47: Requests the Legislative Finance Committee undertake a study of the effectiveness of the 24/7 sobriety & drug monitoring program. South Dakota SB21: Revise certain provisions regarding the collection and setting of 24/7 sobriety program fees and regarding the monitoring of ignition interlock testing. Tennessee HB1759: Amelia s Law aims to strengthen the monitoring of state parolees whose crimes involved alcohol or drugs. The law allows for the terms or conditions of DUI probation, pretrial diversion, probation, judicial diversion, or parole to include use of a transdermal monitoring device. Washington SB6413: Creates and outlines the parameters for the 24/7 Sobriety Program in Washington. Wyoming SF31: Creates the 24/7 Sobriety Program. 2013 Legislation Montana HB233: Generally revises the 24/7 Sobriety Program. Montana HB355: The Act revises laws regarding alcohol- and drug-related driving offenses, raises the 5-year lookback provision for certain alcohol- and drug-related driving offenses, and provides that all prior convictions are counted for determining the number of convictions in the case of 3rd and subsequent DUIs. Missouri SB327: DWI Treatment Courts shall combine judicial supervision, drug testing, CAM, and substance abuse traffic offender program compliance. Missouri SB100: DWI Treatment Courts shall combine judicial supervision, drug testing, CAM, and substance abuse traffic offender program compliance. Nebraska LB158: Permits the use of CAM for DUI offenses. Nebraska LB199: Courts may order the installation of an ignition interlock as well as the use of CAM. Alcohol Monitoring Systems, Inc. 2
North Carolina HB139: Any order for custody, including visitation, may require either one or both parents to abstain from consuming alcohol and be monitored with CAM. North Carolina S659: If the defendant is monitored by CAM during the pretrial period, up to 60 days of pretrial monitoring may be credited against the 90-day monitoring requirement for probation. North Dakota HB1302: Mandates repeat DUI offenders participate in the24/7 Sobriety Program for 12 months. South Dakota SB70: Allows certain offenders to participate in the 24/7 Sobriety Program. Tennessee SB1633: This law focuses on reducing recidivism among DUI offenders. If an individual with a second or third offense is ordered to complete intensive outpatient treatment as part of their probation, transdermal alcohol monitoring or electronic monitoring combined with random alcohol testing can be ordered in conjunction with the therapy to help ensure compliance. Washington SB5912: This bill modifies provisions that address impaired driving, including the 24/7 Sobriety Program. 2012 Legislation MAP-21 Federal Transportation Bill: Expands impaired driving countermeasures to include the costs associated with the 24/7 Sobriety Programs. Alaska HB108: The legislature provides over $1 million to conduct a cost-benefit analysis and research for a 24/7 Sobriety Program. Arizona HB 2390: The act relates to home detention and allows for CAM. Missouri SB 480: Allows for the use of CAM for repeat DUI offenders. Nebraska LB751: Courts may order the installation of an ignition interlock as well as the use of CAM. North Carolina HB494: Expands the scope of Laura s Law that was passed in 2011 by providing for additional sentencing alternatives for DWI and other alcohol related offenses. Tennessee HB3281: This law allows for pretrial use of transdermal monitoring on eligible DUI offenders with multiple offenses. If the defendant has multiple convictions for DUI, vehicular assault while intoxicated, or vehicular homicide while intoxicated, the court may consider the use of monitoring devices to eliminate the danger to the community, which may include a transdermal monitoring device. Alcohol Monitoring Systems, Inc. 3
2011 Legislation Arizona SB1200: This bill allows for CAM in lieu of ignition interlock in some circumstances. Arizona SB1027: The bill authorizes cities, towns, counties, and state agencies to design exclusion and eligibility criteria for offenders who are convicted of driving under the influence of drugs or alcohol to participate in CAM programs. Colorado HB11-1189: Authorizes alcohol abstinence and monitoring as a condition of bail for all offenders who have a prior conviction for driving under the influence or driving while impaired. Connecticut HB6391: Allows the DOC commissioner, regardless of other statutes, to immediately release a sentenced inmate to his or her residence if he or she was sentenced for: (1) DUI; (2) possessing a controlled substance other than a narcotic, a hallucinogen, or less than four ounces of marijuana; or (3) drug paraphernalia crimes. Missouri HB430: Allows for CAM as a condition of probation. Missouri HB1999: Allows for CAM as a condition of probation. Montana HB106: Established the 24/7 Sobriety Program statewide. Montana SB15: Any person committing the offense of aggravated driving under the influence is subject to participating in the 24/7 Sobriety Program. Nebraska HB667: This comprehensive DWI reform bill contains CAM provisions that mandates periods of CAM for convicted DWI offenders who have high BAC (.015+). North Carolina HB494: Laura s Law : Allows the use of continuous alcohol monitoring systems as a condition of probation, to meet requirements for the restoration of a revoked driver s license; to mitigate punishment for impaired driving offenses; and to ensure compliance with child custody and visitation orders. Ohio HB5: Allows for the use of house arrest, remote alcohol monitoring, and continuous alcohol monitoring in lieu of jail. South Dakota SB33: Revises certain provisions of the 24x7 Sobriety Program, to authorize the collection of certain fees, and to authorize ignition interlock in the program. South Dakota SB20: Removes the requirement of a prior felony conviction for a fourth and subsequent driving under the influence offenses and allows the person to participate in the 24/7 Sobriety Program. Vermont H264: Establishes a mandatory sobriety program for repeat DUI offenders similar to South Dakota s 24/7 Sobriety Program. Alcohol Monitoring Systems, Inc. 4
2010 Legislation Colorado HB1347: Allows for the use of CAM while on probation. Missouri HB1695: Allows for the use of CAM in DWI Treatment Courts. Ohio SB58: Authorizes the use of CAM as an alternative to incarceration. South Dakota SB109: Revise certain provisions concerning the deposit of county funds related to the 24/7 sobriety program. Tennessee HB3281: Authorizes the use of several technologies (interlock, transdermal monitoring devices, electronic monitoring with random alcohol or drug testing and pre-trial residency in an inpatient alcohol or drug rehabilitation center. 2009 Legislation North Carolina HB926: Authorizes the Dept. of Motor Vehicles to conditionally restore driving privileges when certain conditions are met. North Dakota HB1306: Authorizes the state of North Dakota to establish the 24/7 Sobriety Program to be administered by the Attorney General s office. 2008 Legislation South Dakota HB1065 & HB1067: Revises certain provisions regarding the 24x7 sobriety program. 2007 Legislation North Carolina HB1290: Authorizes judicial officials to order CAM as a condition of pre-trial release. The bill also allowed CAM monitoring results to be used as a mitigating factor in a DWI judicial hearing to verify abstinence. North Dakota SB2003: Authorized the Attorney General to establish a 24/7 pilot program in one or more judicial districts of the state. South Dakota HB1072: Creates a statewide 24/7 sobriety program, establishes the 24/7 sobriety fund, and makes an appropriation therefor. Alcohol Monitoring Systems, Inc. 5
Vermont H859: Authorizes the use of transdermal alcohol monitoring for such purposes as discouraging persons whose license have been suspended for DUI from operating motor vehicles on Vermont highways. 2006 Legislation Nebraska LB925: Relates to motor vehicle homicide and driving under the influence, and provides for the use of continuous alcohol monitoring devices. 2005 Legislation Delaware HB86: Creates a Remote Alcohol Monitoring Pilot Program to test the effectiveness of newly available remote monitoring technology. 2004 Legislation Ohio HB163: Authorizes continuous alcohol monitoring as a sanction in criminal and delinquent child cases. Alcohol Monitoring Systems, Inc. 6