Bill > S1301

This bill establishes a three-year pilot program to explore alternatives to jail time and enhance pre-trial and post-trial options for judges and prosecutors dealing with individuals charged or convicted of operating under the influence (OUI) of alcohol or drugs, particularly repeat offenders. The Executive Office of Public Safety and Security, in collaboration with the Attorney General, the District Attorneys Association, and the Massachusetts Sheriffs Association, will oversee a competitive grant process for a county sheriff's department to implement a "24/7 sobriety program." This program will require participants, who are selected by prosecutors and courts and have a second or subsequent OUI offense, to undergo frequent alcohol or drug testing (at least twice daily, about 12 hours apart) at various locations within the county. Courts can make participation in this program a condition of bond, pre-trial release, suspended sentences, or probation. The program may also involve user fees to cover testing costs, and participants might be allowed to drive under specific court-imposed conditions, even if they would otherwise be restricted. The Executive Office will also develop rules, regulations, and guidelines for the program's operation and evaluation.