TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 14

ATTORNEY GENERAL

67-1412.  definitions. As used in sections 67-1412 through 67-1416, Idaho Code, the following definitions apply:

(1)  "Attorney general" means the Idaho office of the attorney general.

(2)  "Core components" means those elements of a 24/7 program that analysis demonstrates are most likely to account for positive program outcomes.

(3)  "Immediate sanction" means sanctions that are applied within minutes of a noncompliant test event.

(4)  "Jurisdiction" means the county or municipality that chooses to participate in a 24/7 program.

(5)  "Law enforcement agency" means the county sheriff’s office or another law enforcement agency designated by the county sheriff’s office that is charged with enforcement of a 24/7 program.

(6)  "24/7 sobriety and drug monitoring program" or "24/7 program" means the 24/7 sobriety and drug monitoring program established in section 67-1413, Idaho Code, that authorizes a court or agency as a condition of bond, sentence, probation, parole or work permit to:

(a)  Require an individual to abstain from alcohol or dangerous drugs for a period of time when that individual has been charged, pleads guilty, found guilty, convicted or received a withheld judgment for a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime including, but not limited to, driving under the influence of alcohol or dangerous drugs; and

(b)  Require the individual to be subject to testing for alcohol and/or dangerous drugs:

(i)   At least twice a day at a central location where immediate sanctions can be applied;

(ii)  Where twice a day testing is impractical, by continuous transdermal alcohol monitoring by means of an electronic monitoring device where timely sanctions can be applied; or

(iii) By an alternate method with concurrence of the attorney general and consistent with section 67-1413, Idaho Code.

(7)  "Testing" means a procedure for determining the presence and level of alcohol or a dangerous drug, as enumerated in chapter 80, title 18, Idaho Code, or as provided as a condition of probation, withheld judgment or parole, in an individual’s body fluid including blood, breath, urine, saliva or perspiration and includes any combination of the use of breath testing, drug patch testing, urinalysis testing, saliva testing or continuous or transdermal alcohol monitoring. With the concurrence of the attorney general and consistent with section 67-1413, Idaho Code, alternate body fluids can be approved for use.

(8)  "Timely sanction" means a sanction that is applied within a period of time that can be hours or days after the noncompliant test event, but the period of time should be as short as possible and not extend beyond fourteen (14) days.

History:

[67-1412, added 2014, ch. 240, sec. 4, p. 606; am. 2018, ch. 169, sec. 20, p. 370.]