Montana Code 53-30-321. Authority of judge to utilize community corrections facilities or programs — restrictions
53-30-321. Authority of judge to utilize community corrections facilities or programs — restrictions. (1) Subject to the restrictions contained in subsection (2), a judge may order placement of an offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency.
Terms Used In Montana Code 53-30-321
- Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:
(a)is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and
(b)provides programs and services to aid offenders in:
(i)obtaining and holding regular employment;
(ii)enrolling in and maintaining academic courses;
(iii)participating in vocational training programs;
(iv)utilizing the resources of the community to meet their personal and family needs;
(v)obtaining the benefits of specialized treatment services that exist within the community; and
(vi)paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303
- Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. See Montana Code 53-30-303
- Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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.
- Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
- Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
(2)A judge may not order placement of an offender in a residential community corrections facility or program for a period exceeding 1 year. After completing the residential community corrections portion of a sentence, an offender shall serve the remainder of the sentence under normal probation supervision, if applicable.
(3)An offender is not eligible for parole while serving a sentence in a community corrections facility or program.
(4)The probation and parole officers for the judicial district shall include in their presentence report to the sentencing judge recommendations for utilization of a community correctional facility or program that has been approved for use by the judicial district.