The controversial law, which was passed by the 2003 Legislature and went into effect Wednesday, calls for mandatory confiscation of offending youths' driver licenses, higher fines and parents to pay for and attend substance abuse education classes with their children.
The parent-child classes would only be required if children fail to comply with their original sentence.
"While the judges have clear authority over the youth who committed an offense, they don't have jurisdiction over the parents who have done nothing wrong," said Jim Oppedahl, state Supreme Court administrator.
Justices of the peace are wondering how they could force parents into classes when they have no jurisdiction over them, Oppedahl explained. And if the parents refuse, the judges don't see a way to enforce the law, he added.
However, the sponsor of the bill that created the law said parental involvement is key to preventing youth drinking.
"Increasing parental involvement is one of the most innovative and effective aspects of these improved laws governing underage drinking," said Sen. Duane Grimes,
R-Clancy. "Discouraging the start of drinking in family settings while effectively enforcing these new laws are the most effective ways to curb a growing problem in our communities."
This "unusual" approach was taken because the Alcohol, Tobacco and Other Drug Control Policy Task Force discovered that an alcohol problem often begins when parents are callous about minor in possession charges against their children, Grimes said.
Bucy said the new law is likely to prompt litigation.
The Municipal Court Association of Montana asked Attorney General Mike McGrath for an opinion on the law several weeks ago, but his office could not issue an opinion because he is charged with upholding the law during any future lawsuit, Bucy explained.
The head of the Montana Highway Patrol also expressed reservations about the parental involvement clause of the law in a phone interview Wednesday.
"It's going to be harder to address the parental and supervisory issues than just saying it on paper," Col. Shawn Driscoll said. "It's going to be interesting to say the least."
However, Driscoll said the Highway Patrol supports any effort to stop underage drinking and drinking and driving.
While local judges begin to wrestle with the new law, the attorney general's office is already seeking to change it. Bucy said the office will likely propose amendments to the law during the 2005 legislative session, providing it survives the lawsuits likely to be filed against it before then.
Key aspects of the new law include:
- If youths convicted of minor in possession have driver's licenses, their licenses will be confiscated for 30 days without exception. The license will be confiscated even if the possession violation was unrelated to driving.
- Fines for youths convicted of minor in possession increased substantially. For a first offense, the formerly optional $100 fine will now be a mandatory fine between $100 and $300. Second offenses carry a fine between $200 and $600 and subsequent offenses will cost offenders between $300 and $900.
- Parents will be required to pay for and attend substance abuse education classes with their children. The Department of Public Health and Human Services is developing the curriculum for the classes.
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