Terms Used In Montana Code > Title 53 > Chapter 30 - Corrections

• Administrative segregation: means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation. See Montana Code 53-30-702
• Administrator: means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program. See Montana Code 53-30-702
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
• 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

• Corporation: means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. See Montana Code 53-30-503
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of corrections. See Montana Code 53-30-503
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-702
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
• Department: means the department of corrections created in 2-15-2301. See Montana Code 53-30-303
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment. See Montana Code 53-30-702
• Disciplinary detention: means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time. See Montana Code 53-30-702
• Ex officio: Literally, by virtue of one's office.
• Facility: means a state prison as defined in 53-30-101(1), (2), and (4) or a correctional facility pursuant to 52-5-101. See Montana Code 53-30-702
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
• Governing body: means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7. See Montana Code 7-3-122
• Interlocal cooperation commission: means a commission established in accordance with Title 7, chapter 11, part 2. See Montana Code 53-30-503
• Local governmental entity: means :

  (a)a local governmental unit;

  (b)a multijurisdictional service district; or

  (c)an interlocal cooperation commission. See Montana Code 53-30-503

• Mental disorder: means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. See Montana Code 53-30-702
• Multijurisdictional service district: means a district established in accordance with Title 7, chapter 11, part 10. See Montana Code 53-30-503
• 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.
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Postpartum: means the first 6 weeks after delivery. See Montana Code 53-30-702
• Prehearing confinement: means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates. See Montana Code 53-30-702
• 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}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Private correctional facility: means a correctional facility that is either privately operated or privately owned and operated. See Montana Code 53-30-602
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Protective custody: means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety. See Montana Code 53-30-702
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Qualified mental health professional: includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients. See Montana Code 53-30-702
• Regional correctional facility: means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department. See Montana Code 53-30-503
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
• Severe mental illness: means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life. See Montana Code 53-30-702
• state prison: means :

  (1)a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;

  (2)a state penal or correctional facility portion of a Montana regional correctional facility;

  (3)a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;

  (4)a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or

  (5)a combination of the facilities listed in this section. See Montana Code 53-30-101

• Step-down program: means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners. See Montana Code 53-30-702
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Usual: means according to usage. See Montana Code 1-1-206
• Writing: includes printing. See Montana Code 1-1-203