Senate panel hears proposal to allow weekend-based jail terms for some DUI convictions

Representative Fiona Nave presented House Bill 816 to the Senate Judiciary Committee as a new sentencing approach for DUI convictions that would permit judges to impose shorter incarceration periods served on weekends rather than in continuous blocks. Nave said the model — for example, 24-hour stints on weekends up to an aggregate sentence — is designed to impose an uncomfortable consequence while minimizing collateral harm to employment and families.

Sheriff and jail officials testified in opposition. Brian Thompson (Montana Sheriffs and Peace Officers Association) said the repeated in-and-out pattern envisioned in the bill creates major contraband and security problems for county jails and complicates booking and processing. Cascade County undersheriff Scott Van Dyken described block bosses, contraband smuggling, and overdose risks tied to frequent releases and returns.

Committee members and the sponsor discussed alternative implementation mechanisms, including pretrial services with GPS monitoring, prerelease facilities, or house arrest for participants who have access to monitoring. The sponsor said the statute does not strictly require county jails for confinement and judges could explore pre-release or other programs to reduce contraband and logistical burdens.

Questions focused on whether other states have similar sentencing constructs and whether booking operations could be streamlined; witnesses said variants exist in other jurisdictions and that operational solutions were possible but not fully developed. The hearing closed with no committee action taken.