T he Billings Adult Misdemeanor Treatment Court (BAMTC) is a
hybrid DUI/Drug court that handles nonviolent misdemeanor
cases, including DUI and aggravated DUI, in order to reduce
alcohol and drug abuse cases, lower recidivism rates, and lessen
the financial impact on the community. A misdemeanor DUI
offense in Montana is a 1st, 2nd or 3rd offense, where subsequent
DUI offenses are felonies and are handled by District Court.
After a referral is generated from a BAMTC team member or
an outside agency, the coordinator conducts a pre-screening of
potential participants. The screening includes verifying eligibility
as it relates to the offense(s) charged, gathering criminal history
and demographics, setting up appointments for treatment and
for meeting the defense attorney, and collecting releases of
information.
An attorney from the Office of the State Public Defender meets
with each participant to advise them of the legal ramifications and
guidelines of entering into BAMTC. The public defender reviews
the terms and conditions of the court contract with the offender.
Simultaneously, the prosecuting attorney reviews the case to
determine the City’s position on allowing the offender to enter the
treatment court.
After meeting with the defense attorney and if the offender feels
comfortable with the obligations of the treatment court, they then
complete a chemical dependency evaluation to determine the
proper level of care