Montana Code 45-5-231. Definitions
45-5-231. Definitions. As used in 45-5-231 through 45-5-234, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 45-5-231
- Arrest: Taking physical custody of a person by lawful authority.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Assault on a partner or family member” has the meaning provided in 45-5-206 for partner or family member assault.
(2)”Chemical dependency treatment” means required counseling and treatment related to chemical dependency issues.
(3)”Counseling” means clinical professional counseling as defined in 37-39-102 and includes group counseling for the purposes of 45-5-231 through 45-5-234.
(4)”Investigative criminal justice report” means the investigative report prepared by a law enforcement agency associated with an offender’s arrest for an assault on a partner or family member, excluding any confidential information relating to the victim’s location and confidential information not related to the offense.
(5)”Offender” means a person convicted of an assault on a partner or family member.
(6)”Offender intervention program” means the combination of counseling and other services that is organized in a judicial district to provide a preliminary assessment for counseling and other services that are required for an offender.
(7)”Preliminary assessment for counseling” means the counseling assessment completed by a counselor to determine an offender’s need for counseling, attendance at psychoeducational groups, and referrals for other treatment. This assessment must be completed either before or within 4 weeks after counseling and psychoeducational groups are started.
(8)”Psychoeducational group” means a group discussion, with instructional content themes, that encourages sharing and feedback, increases self-awareness, and is aimed at facilitating change in group members’ daily lives.
(9)”Recreational intoxicant” means a substance, drug, or other chemical that was taken for the purpose of causing a person to be in a different emotional or psychological state and was not taken for a medically recognized therapeutic purpose.
(10)”Victim” means a person against whom the offender committed an assault.