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STATE OF MONTANA Plaintiff and Respondent
vs.
MARTIN ROMANNOSE Defendant and Appellant.
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Issues:
Alcohol testing, corrections, random testing, policy and procedure.
Case Summary:
Martin Romannose, an inmate of the Montana Department of Corrections, appeals a lower court's ruling that found him guilty of felony escape. State prison officials transferred Romannose to a community-based facility for inmates working toward parole. At the time of his transfer, Romannose agreed to submit to random drug and alcohol testing. Romannose secured a job he worked during the day while staying in the halfway house at night. His workplace supervisor sent him home one day after smelling alcohol on Romannose. Employees at the housing facility tested Romannose for alcohol and drugs. He produced positive results for alcohol in two separate tests. Romannose walked away from the facility before officials could transfer him to a state prison. Romannose was later captured in Washington state and returned to Montana to face trial.
Decision of lower jurisdiction:
The District Court of Yellowstone County
Outcome:
Romannose loses. The Montana Supreme Court affirmed the ruling of the lower court. The supreme court rejected Romannose's assertion that he once he was placed in the community-based housing program he was no longer subject to the strict control of the corrections system.