Montana Code 46-18-208. Termination of remaining portion of deferred or suspended sentence — motion
46-18-208. Termination of remaining portion of deferred or suspended sentence — motion. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor, the defendant, or the defendant’s attorney may file a motion to terminate the time remaining on the sentence if:
Terms Used In Montana Code 46-18-208
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- 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
(a)in the case of a deferred imposition of sentence, the defendant has served 2 years or one-half of the sentence, whichever is less, and has demonstrated compliance with supervision requirements; or
(b)in the case of a suspended sentence:
(i)the defendant has served 3 years or two-thirds of the time suspended, whichever is less; and
(ii)the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.
(2)The motion must set forth the following:
(a)why the defendant meets the time limitations provided in subsection (1); and
(b)how the defendant has demonstrated compliance with supervision requirements.
(3)The motion must be served on the county attorney serving in the county of the presiding district court. The movant does not need to file an accompanying brief as otherwise required by Rule 2 of the Montana Uniform District Court Rules.
(4)The department of corrections shall make reasonable efforts to notify the victim if required by 46-24-212, and the county attorney shall make reasonable efforts to notify the victim. The victim must be provided the following information:
(a)a copy of the motion;
(b)written notice that:
(i)the victim may provide written input regarding the motion or may ask the county attorney to state the victim’s position on the motion;
(ii)if a hearing is set, the date, time, and place of the hearing; and
(iii)the victim may appear and testify at any hearing held on the motion.
(5)The court may hold a hearing on its own motion and may consider a hearing request from the county attorney or defendant.
(6)If the court requires a hearing on the motion, the court may grant the motion if it finds that:
(a)termination of the remainder of the sentence is in the best interests of the defendant and society;
(b)termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and
(c)the defendant has paid all restitution and court-ordered financial obligations in full.