DA 07-0631
IN THE SUPREME COURT OF THE STATE OF MONTANA
2009 MT 1
STATE OF MONTANA,
Plaintiff and Appellee,
v.
FORREST SCOTT SMART,
The issues on appeal are:
Did the District Court err in requiring polygraph testing as a condition of Smart’s suspended sentence?
Did the District Court err in imposing drug and alcohol prohibitions as conditions of Smart’s suspended sentence?
Having determined that the alcohol-related restrictions are not “reasonably related” to Smart’s sexual offenses nor are they necessary to promote rehabilitation since Smart does not have a history of significant or chronic alcohol abuse, we reverse and remand with instruction to the District Court to strike the alcohol conditions from Smart’s sentence. However, we affirm the inclusion of the polygraph examination for the reasons set forth above.
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