Montana Code 46-24-203. Prompt notification to victims and witnesses of certain offenses
46-24-203. Prompt notification to victims and witnesses of certain offenses. (1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person’s case, including:
Terms Used In Montana Code 46-24-203
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
- Writing: includes printing. See Montana Code 1-1-203
(a)the arrest of an accused;
(b)the release of the accused pending judicial proceedings;
(c)the crime with which the accused has been charged, including an explanation of the elements of the offense when necessary to an understanding of the nature of the crime;
(d)proceedings in the prosecution of the accused, including entry of a plea of guilty or nolo contendere and the setting of a trial date;
(e)if the accused is convicted or pleads guilty or nolo contendere:
(i)the function of a presentence report;
(ii)the name, office address, and telephone number of the person preparing the report; and
(iii)the convicted person’s right of access to the report, as well as the victim’s right under 46-18-115 to present a statement in writing or orally at the sentencing proceeding and the convicted person’s right to be present at the sentencing proceeding and to have access to the victim’s statement;
(f)the date, time, and place of any sentencing hearing, the sentence imposed, and the term of imprisonment, if imposed;
(g)the right under 46-24-212 of a victim of a felony offense to receive information from the department of corrections concerning the convicted person’s incarceration; and
(h)the right under 46-23-215, 46-23-509, or 46-23-1011 of a victim of a sexual offense, as defined in 46-23-502, to request a sentencing order, condition of parole, or condition of probation to require the convicted person to refrain from direct or indirect contact with the victim.
(2)A person entitled to notification under subsection (1) must be a victim or witness of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim, a relative of a victim or witness who is a minor, or a relative of a homicide victim.