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can be appropriate as a condition of pre- trial release. But, they likened the test- ing fees to bail and said a judge must do an individual assessment to determine whether the program is appropriate for a defendant.
Under the program, a judge can order people charged with a second or subse- quent drunken driving offense to pay for twice-daily breathalyzer tests or an alco- hol monitoring bracelet as a condition of their pretrial release.
The court’s decision comes after the state appealed a lower court ruling that said fees charged for the state’s 24/7 Sobriety Program amount to unconsti- tutional pretrial punishment. The case involved Robert Spady, who had a 2006 DUI conviction and was arrested for DUI in April 2013. He participated in the pro- gram for 113 days and paid $452 in fees.
Spady missed or was late for three breath tests and was charged with con- tempt of court in each case. He appealed his contempt convictions, arguing the 24/7 law was unconstitutional. The high court on Thursday directed a lower court to dismiss Spady’s contempt charges because no assessment had been done to determine whether it was appropriate for him to participate in the program.
Attorney General Tim Fox said in a statement the ruling is a victory because 24/7 is a proven accountability tool.
“Driving under the influence of alco- hol is a significant problem here, and we in the law enforcement community are delighted that the court recognized both the constitutionality and effectiveness of the program,” he said.
County sheriffs can choose whether to participate. Currently, 24 counties are running the program.
HELENA
6. States’ Targets Shift in Final Obama Climate Change Plan
Sixteen states will have tougher car- bon dioxide reduction targets than they originally planned now that President Barack Obama has presented his final plan to cut emissions from U.S. power plants.
Obama’s plan, which would reduce emissions 32 percent below 2005 lev- els by 2030, was met with dismay by leaders in some of those states who had supported the original proposal in June 2014.
“At first glance, it looks as though the Obama administration has moved the goal post on us. I am extremely disap- pointed by this,” said Democratic Gov. Steve Bullock of Montana. “I under- stand that we need to address climate change, but how we do so has to work for Montana.”
The final rule ended up with a more stringent target for emissions reduc- tions for two main reasons — renewable sources such as wind and solar are get- ting cheaper and easier to build, and the EPA considered that states in some cases could easily source clean power from neighbors if they didn’t have the capac- ity to generate it themselves.
Also, the states’ ongoing efforts to reduce energy demand won’t be included
in their baseline measurements the way that other factors, like replacing coal plants with cleaner sources, will be.
Montana’s target had been to cut its emissions rate 21 percent by 2030, now that goal is 47 percent.
PRYOR
7. Man Accused of Shooting Family Recently Released from Jail
An 18-year-old man accused of shoot- ing a family that stopped to help him on a Montana roadside was released from a Wyoming jail two weeks earlier while fac- ing unrelated burglary and drug charges, a court official said Friday.
Jesus Deniz, also known as Jesus Deniz Mendoza, made his first court appearance July 31 on a murder warrant in U.S. District Court in Billings. The Worland, Wyoming, man is accused in the shooting deaths of Jason Shane, 41, and his wife, Tana Shane, 47.
The couple’s daughter, 26-year-old Jorah Shane, was shot in the back while trying to run from the gunman July 29 in the small town of Pryor on Montana’s Crow Indian Reservation. She is recover- ing in a Billings hospital, a relative said.
Deniz and a public defender appeared at the brief hearing in Billings, where Deniz told a magistrate judge he had reviewed the charges against him. U.S. Magistrate Judge Carolyn Ostby sched- uled a preliminary hearing for Aug. 5 and ordered Deniz into the custody of the U.S. Marshals Service.
Deniz has never been convicted of a crime, federal and Wyoming officials said, but he is facing recent charges in Wyoming.
He was arraigned July 2 in Washakie County on a marijuana possession charge and four days later on a felony burglary charge, according to chief court clerk Christy Schneider.
Bail was originally set at $10,000 for the burglary charge and $5,000 for the possession charge, but that was amended to two signature bonds July 16, Schnei- der said. That allowed Deniz to leave jail without putting up any cash.
Washakie County Attorney John Wor- rall said Deniz’s parents accused him of breaking into their car and stealing jew- elry and handguns. Deniz said in court that the guns belonged to him, Worrall said.
Deniz’s attorney asked a judge for the signature bonds because Deniz’s parents wanted him in their care. Deniz met his requirement to check in with the sheriff’s office daily until Wednesday, the day of the Montana shooting.
“There was nothing at all to point to this kid doing anything like this,” Worrall said, referring to the shooting. “Based on the information at hand, when Mr. Deniz was released, there wasn’t a public pro- tection issue except for his parents, and they wanted him at home.”
Deniz’s attorney in the Wyoming case, Richard Hopkinson, agreed with Wor- rall’s assessment.
“The allegations in Montana certainly don’t coincide with the way he appeared to me,” he said.
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