alcohol-related restrictions are not “reasonably related”

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.

New Sentencing Condition upon revocation illegal

DA 07-0758
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 464
STATE OF MONTANA,
v.
JODI MICHELLE WHITE,
The sole issue on appeal is whether the sentence imposed by the District Court in August 2007 is illegal.
CONCLUSION
We hold under § 46-18-203(7)(c), MCA, that the District Court had no authority to impose new conditions on White’s 1997 sentence and that the court, thus, has no authority to reimpose those illegal conditions on White’s 2007 sentence. Accordingly, we reverse the District Court’s August 2007 judgment to that narrow extent and remand this case with instructions that the court strike all conditions on White’s current sentence which are not contained in the court’s February 1994, August 1994, and July 1996 judgments. We affirm the District Court’s August 2007 judgment in all other respects.
Affirmed in part, reversed in part, and remanded with instructions.