Montana Code 46-23-1020. Conditional discharge — definition — revocation
46-23-1020. Conditional discharge — definition — revocation. (1) (a) A conditional discharge granted under 46-23-1011 or 46-23-1021 is:
Terms Used In Montana Code 46-23-1020
- Board: means the board of pardons and parole provided for in 2-15-2305. See Montana Code 46-23-1001
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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 the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department. See Montana Code 46-23-1001
- 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
(i)a discharge from supervision by the department for the time remaining on the sentence imposed if the probationer or parolee complies with all the conditions imposed by the district court or the board; and
(ii)a release from the obligation to pay supervision fees imposed as part of a sentence or as terms of parole or probation.
(b)If an individual who has been granted a conditional discharge under 46-23-1011 or 46-23-1021 becomes a resident of another state, the conditional discharge must be construed as a discharge of the imposed sentence subject to revocation as provided in subsection (2).
(2)A conditional discharge may be revoked if, within the time remaining on the sentence that was conditionally discharged, the individual:
(a)is charged with a felony offense;
(b)is charged with a misdemeanor offense for which the individual could be sentenced to incarceration for a period of more than 6 months; or
(c)violates any condition imposed by the district court or the board.
(3)A sexual or violent offender who is subject to lifetime supervision by the department is not eligible for a conditional discharge from supervision.