Terms Used In Montana Code > Title 46 > Chapter 1 - General Provisions

• Advanced practice registered nurse: means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing. See Montana Code 46-1-202
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part. See Montana Code 46-1-1103
• Assessment: means a diagnostic evaluation to determine whether and to what extent a person is an offender with a mental disorder under this part and would benefit from the provisions of this part. See Montana Code 46-1-1203
• Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuum of care: means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Montana Code 46-1-1103
• Continuum of care: means a seamless and coordinated course of mental health counseling and treatment designed to meet the needs of participants as they move through the criminal justice system and beyond, maximizing self-sufficiency. See Montana Code 46-1-1203
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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.
• Defense attorney: Represent defendants in criminal matters.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Drug: includes :

  (a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;

  (b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or

  (c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103

• Drug: has the meaning provided in 46-1-1103. See Montana Code 46-1-1203
• Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
• Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103
• Drug treatment court coordinator: means an individual who, under the direction of the drug treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug treatment court. See Montana Code 46-1-1103
• Drug treatment court team: means a group of individuals appointed by the drug treatment court that may consist of the following members:

  (a)the judge, which may include a magistrate or other hearing officer;

  (b)the prosecutor;

  (c)the defense attorney;

  (d)a law enforcement officer;

  (e)the drug treatment court coordinator;

  (f)a probation and parole officer;

  (g)substance abuse treatment providers;

  (h)a representative from the department of public health and human services; and

  (i)any other person selected by the drug treatment court. See Montana Code 46-1-1103

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
• Memorandum of understanding: means a written document setting forth an agreed-upon procedure. See Montana Code 46-1-1103
• Memorandum of understanding: means a written document setting forth an agreed-upon procedure. See Montana Code 46-1-1203
• Mental health treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant, whose conduct has resulted in a criminal violation, in receiving the needed treatment and life skills to prevent further criminal behavior associated with a mental disorder. See Montana Code 46-1-1203
• Mental health treatment court coordinator: means an individual who, under the direction of the mental health treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the mental health treatment court. See Montana Code 46-1-1203
• Mental health treatment court team: means a group of individuals appointed by the mental health treatment court that:

  (a)must include the following members:

  (i)the judge, which may include a magistrate or other hearing officer;

  (ii)the prosecutor;

  (iii)the defense attorney;

  (iv)the participant; and

  (v)the mental health treatment court coordinator; and

  (b)may include the following additional members:

  (i)a law enforcement officer;

  (ii)a probation and parole officer;

  (iii)a mental health professional;

  (iv)a substance abuse treatment provider;

  (v)a representative from the department of public health and human services;

  (vi)a mental health advocate; and

  (vii)any other person selected by the mental health treatment court. See Montana Code 46-1-1203

• Mental health treatment program: means a program designed by the mental health treatment court team to provide prevention, education, and therapy directed toward ending criminal behavior and preventing a return to a condition leading to criminal behavior. See Montana Code 46-1-1203
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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 a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
• Participant: means a person charged with a criminal offense or an offense in which a mental disorder, as defined in 53-21-102, is determined to have been a significant factor in the commission of the offense. See Montana Code 46-1-1203
• Party: means any one of the following, and "parties" means all of the following:

  (a)the defendant;

  (b)a victim of the crime; or

  (c)the county attorney or other prosecuting attorney. See Montana Code 46-1-501

• Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: means release by the court without imprisonment of a defendant found guilty of a crime. See Montana Code 46-1-202
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Recidivism: has the meaning provided in 1-1-207. See Montana Code 46-1-1103
• Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
• 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
• Staff meeting: means the meeting before a drug offender's appearance in drug treatment court in which the drug treatment court team discusses a coordinated response to the drug offender's behavior. See Montana Code 46-1-1103
• Staff meeting: means the meeting before a participant's appearance in mental health treatment court in which the mental health treatment court team discusses a coordinated response to the participant's behavior. See Montana Code 46-1-1203
• 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
• Statement: means :

  (a)a writing signed or otherwise adopted or approved by a person;

  (b)a video or audio recording of a person's communications or a transcript of the communications; and

  (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

• Statute: A law passed by a legislature.
• Substance abuse: means the illegal or improper consumption of a drug as defined in this section. See Montana Code 46-1-1103
• Substance abuse: means the illegal or improper consumption of a drug, but does not include inadvertent error in the use of medication. See Montana Code 46-1-1203
• Substance abuse treatment: means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use. See Montana Code 46-1-1103
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Verdict: The decision of a petit jury or a judge.
• Writing: includes printing. See Montana Code 1-1-203