Bill description: HB 78 would establish a DUI diversion program that would allow individuals charged with a DUI to choose alternative sentencing.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Currently, those charged with a first-time DUI in Idaho can be convicted of a misdemeanor, sentenced up to six months in jail, have their license suspended up to 180 days and be fined up to $1,000.
HB 78 would establish a voluntary alternative sentencing path for those who are charged with their first DUI. Rather than face a misdemeanor, license suspension, substantial fines and jail time, an individual participating in a diversion program would have to engage in, at the discretion of the prosecuting attorney and consent of the participant, any or all of the following:
Informal supervision with the probation department.
Community service work.
Inmate labor detail work.
Restitution to the victim.
Community-based diversion program.
Alcohol monitoring and testing.
Individual therapy and counseling.
Group therapy and counseling.
Drug monitoring and testing.
Those participating in the alternative sentencing program would also be required to install an ignition interlock device for a set period. At the end of the court-assigned period, the DUI charge would be dismissed.
Update: This analysis reflects the amendments made to HB 78 on 2/28.
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