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Bill would let judges order weekend incarceration for DUI offenders; sheriffs warn of contraband, jail logistics
Summary
Representative Fiona Nave told the Senate Judiciary Committee HB 816 would allow judges to impose a weekend-based incarceration option of 24 hours to six months for DUI convictions to change behavior while minimizing disruption to employment; sheriffs testified that repeated short stays raise contraband, staffing and capacity problems.
Representative Fiona Nave presented House Bill 816 to the Senate Judiciary Committee as a sentencing option for DUI convictions that would let judges impose confinement of not less than 24 hours and up to six months, with an option to serve sentences in weekend segments.
Nave said the idea is to change behavior while reducing harm to employment and family obligations: “If you drive when you drink, you'll use your most valuable time,” she told the committee.
The Montana Sheriffs and Peace Officers Association, represented by Brian Thompson, and Cascade County under‑sheriff Scott Van Dyken opposed the bill in its current form. Thompson praised the sponsor’s creativity but said county jails — which sheriffs operate — face repeated in-and-out bookings that increase contraband risks and administrative burden. Van Dyken told senators his jail has seen repeat offenders bring contraband into facilities and that the jail’s capacity and booking workflow are already strained; he said the cumulative effect of repeated weekend incarceration could increase overdose and liability events.
Committee members discussed alternative confinement options such as prerelease, GPS house‑arrest and pretrial services. Nave said confinement could occur in pre‑release facilities or other alternatives and not necessarily in county jails.
No committee vote is recorded in the transcript; senators asked the sponsor to work with jails to address booking and contraband concerns before further action.
