Montana Code 46-18-219. Life sentence without possibility of release
46-18-219. Life sentence without possibility of release. (1) (a) Except as provided in subsection (3), if an offender convicted of one of the following offenses was previously convicted of one of the following offenses or of an offense under the laws of another state or of the United States that, if committed in this state, would be one of the following offenses, the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed:
Terms Used In Montana Code 46-18-219
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- 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
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(i)45-5-102, deliberate homicide;
(ii)45-5-303, aggravated kidnapping;
(iii)45-5-625, sexual abuse of children;
(iv)45-5-627, except subsection (1)(b), ritual abuse of a minor; or
(v)45-5-508, aggravated sexual intercourse without consent.
(b)Except as provided in subsection (3), if an offender convicted of one of the following offenses was previously convicted of two of the following offenses, two of any combination of the offenses listed in subsection (1)(a) or the following offenses, or two of any offenses under the laws of another state or of the United States that, if committed in this state, would be one of the offenses listed in subsection (1)(a) or this subsection, the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed:
(i)45-5-103, mitigated deliberate homicide;
(ii)45-5-202, aggravated assault;
(iii)45-5-215, strangulation of a partner or family member;
(iv)45-5-302, kidnapping;
(v)45-5-401, robbery; or
(vi)45-5-711, child sex trafficking.
(2)Except as provided in 46-23-210 and subsection (3) of this section, an offender sentenced under subsection (1):
(a)shall serve the entire sentence;
(b)shall serve the sentence in prison;
(c)may not for any reason, except a medical reason, be transferred for any length of time to another type of institution, facility, or program;
(d)may not be paroled; and
(e)may not be given time off for good behavior or otherwise be given an early release for any reason.
(3)If the offender was previously sentenced for either of two or three offenses listed in subsection (1), pursuant to any of the exceptions listed in 46-18-222, then the provisions of subsections (1) and (2) of this section do not apply to the offender’s present sentence.
(4)The imposition or execution of the sentences prescribed by this section may not be deferred or suspended. In the event of a conflict between this section and any provision of 46-18-201 or 46-18-205, this section prevails.
(5)(a) For purposes of this section, “prison” means a secure detention facility in which inmates are locked up 24 hours a day and that is operated by this state, another state, the federal government, or a private contractor.
(b)Prison does not include a work release center, prerelease center, boot camp, or any other type of facility that does not provide secure detention.