A Montana court can order location monitoring, alcohol testing, or both as conditions of release in a partner or family member assault (PFMA) case. For some charges the law presumes that electronic monitoring will be ordered where it is available. For others it is left to the judge. The person being monitored can be required to pay. This page explains the rules and is part of our Montana Domestic Violence Guide.
Release Conditions Beyond No Contact
The release statute lets a court impose "any condition that will reasonably ensure the appearance of the defendant as required or that will ensure the safety of any person or the community" and then lists examples (MCA § 46-9-108(1)). The ones below are the monitoring-related conditions that come up in domestic cases.
| Condition | When it applies | MCA |
|---|---|---|
| Electronic (location) monitoring | Presumed, if available, for a second or subsequent PFMA, a felony assault on a partner or family member, strangulation of a partner or family member, felony stalking, and a felony order of protection violation. The presumption is rebuttable. | § 46-9-108(2)(a) |
| No alcohol or non-prescribed drugs | The court may bar use or possession "if applicable." | § 46-9-108(1)(i) |
| Alcohol monitoring device | A transdermal unit or a facial recognition breathalyzer, among others. | § 46-9-108(1)(i) |
| 24/7 sobriety and drug monitoring program | Available as a release condition in a domestic abuse case if alcohol or dangerous drugs was a contributing factor, including on a first charge. | § 44-4-1205(3) |
| Curfew, reporting, treatment | Curfew, regular reporting to an agency, and mental health or chemical dependency treatment. | § 46-9-108(1)(f), (g), (j) |
These sit alongside the no contact terms covered in no contact as a release condition.
When Electronic Monitoring Is Presumed
If electronic monitoring is available, there is a rebuttable presumption that the court shall impose it when the offense is one of five listed charges (MCA § 46-9-108(2)(a)). In the PFMA context the important ones are a second or subsequent PFMA, any felony assault on a partner or family member, and strangulation of a partner or family member.
"Rebuttable" means the defense can argue that monitoring is not needed in the particular case. "If available" matters too, because not every county has the same equipment or providers.
The statute defines electronic monitoring as tracking a person's location with technology that can identify presence or absence at a particular place. That includes radio frequency systems that detect whether you are at an approved location, and active or passive GPS (MCA § 46-9-108(2)(c)). If the court sets geographic restrictions, the monitoring provider must make a reasonable attempt to report a violation to the prosecutor within one business day (MCA § 46-9-108(6)).
Alcohol Conditions and Testing
Where applicable, a court can order that you not use or possess alcohol, or any dangerous drug or controlled substance without a prescription. It can also require an alcohol monitoring device that detects use, including a transdermal unit worn on the body or a facial recognition breathalyzer (MCA § 46-9-108(1)(i)). The court must specify the terms under which the monitoring is performed (MCA § 46-9-108(2)(b)).
An alcohol condition is about release. It is not a finding that alcohol caused anything, and it is separate from the question of whether intoxication matters to the charge itself, which we address in alcohol and intoxication as a defense.
The 24/7 Sobriety Program in Domestic Cases
Montana's 24/7 sobriety and drug monitoring program is written mostly around DUI offenses, but the statute reaches domestic cases too. A court may condition bond or pretrial release on participation for a person charged with a violation of "any statute involving domestic abuse" if the abuse of alcohol or dangerous drugs was a contributing factor, regardless of whether the charge is a first, second, or subsequent violation (MCA § 44-4-1205(3)).
The primary testing method for alcohol is twice-a-day, in-person breath testing at a central location. In cases of hardship, such as distance from a testing site, a court or agency can approve other methods, including transdermal devices and remote breath test devices (MCA § 44-4-1203(2)). The program runs only where the local law enforcement agency has chosen to participate, and a participating agency must offer at least one testing location with two daily testing times about 12 hours apart (MCA § 44-4-1203(4), (5)).
Who Pays
For electronic or alcohol monitoring under the release statute, the court may require the defendant to pay the costs as a condition of release. If the defendant has not paid and is later convicted, the court must require reimbursement of the providing agency as a condition of the sentence, unless it determines the defendant is not or will not be able to pay (MCA § 46-9-108(2)(b)).
For the 24/7 program, participation and testing fees are set by Attorney General rule, and the statute ties participation to payment of those fees (MCA §§ 44-4-1204(2), 44-4-1205(2)). We do not list dollar figures here because they are not in the statutes and can differ by provider.
Limits, Changes, and Violations
The court must use the least restrictive condition or combination of conditions that will ensure appearance and protect any person or the community, and may not impose an unreasonable condition that results in pretrial detention (MCA § 46-9-108(3)). If a testing schedule conflicts with your job or a device is failing, the remedy is a motion to amend. Our page on bail in a PFMA case explains how those requests work.
A missed test, a positive result, or a zone alert can be treated as a violation of release. The prosecutor may move to revoke release, a judge may issue a warrant, and a pretrial services officer supervising you may arrest without a warrant (MCA §§ 46-9-503(1), 46-9-505). Monitoring can also continue after a conviction as part of probation conditions.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.