reglab/housing_qa huggingface dataset:
MT Code § 46-18-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 4. Factors That Reduce Sentence|46-18-404. Repealed

  46-18-404. Repealed. Sec. 12, Ch. 372, L. 1995.   History: En. 95-2206.16 by Sec. 1, Ch. 340, L. 1977; R.C.M. 1947, 95-2206.16; amd. Sec. 1, Ch. 426, L. 1979; amd. Sec. 1, Ch. 106, L. 1989.
MT Code § 46-18-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 5. Persistent Felony Offenders|46-18-501. Repealed

  46-18-501. Repealed. Sec. 40, Ch. 321, L. 2017.   History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(1).
MT Code § 46-18-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 5. Persistent Felony Offenders|46-18-502. Sentencing of persistent felony offender

  46-18-502. Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.   (2) Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:   (a) the offender was a persistent felony offender, as defined in 46-1-202, at the time of the offender's previous felony conviction;   (b) less than 5 years have elapsed between the commission of the present offense and:   (i) the previous felony conviction; or   (ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and   (c) the offender was 21 years of age or older at the time of the commission of the present offense.   (3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.   (4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.   History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017.
MT Code § 46-18-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 5. Persistent Felony Offenders|46-18-503. Renumbered 46-13-108

  46-18-503. Renumbered 46-13-108. Code Commissioner, 1991.
MT Code § 46-18-601 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-601. Judgment in writing -- lien

  46-18-601. Judgment in writing -- lien. (1) The judgment shall be reduced to writing and signed by the judge.   (2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate of the defendant, which lien dates from the date of the defendant's arrest.   History: En. 95-2208 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2208.
MT Code § 46-18-602 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-602. Repealed

  46-18-602. Repealed. Sec. 6, Ch. 104, L. 1981.   History: En. 95-2209 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2209.
MT Code § 46-18-603 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-603. Disposition of fines and forfeitures

  46-18-603. Disposition of fines and forfeitures. All fines and forfeitures collected in any court except city courts must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred. After those costs are paid, the remainder, if not paid to a justice's court or otherwise provided by law, must be forwarded to the department of revenue for deposit in the state general fund.   History: En. 95-2228 by Sec. 10, Ch. 513, L. 1973; R.C.M. 1947, 95-2228; amd. Sec. 32, Ch. 557, L. 1987; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 47, Ch. 585, L. 2001.
MT Code § 46-18-604 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-604. Repealed

  46-18-604. Repealed. Sec. 1, Ch. 102, L. 2003.   History: En. Sec. 1, Ch. 459, L. 1981.
MT Code § 46-18-605 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-605. through 46-18-607 reserved

  46-18-605 through 46-18-607 reserved.
MT Code § 46-18-608 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 6. Procedure After Conviction or Sentencing|46-18-608. Motion to vacate conviction -- human trafficking victims

  46-18-608. Motion to vacate conviction -- human trafficking victims. (1) On the motion of a person, a court may vacate a person's conviction of prostitution, promoting prostitution, or another nonviolent offense if the court finds that the person's participation in the offense was a direct result of having been a victim of human trafficking or of sex trafficking under the federal Trafficking Victims Protection Act, 22 U.S.C. 7103 through 7112.   (2) The motion must:   (a) be made within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable concerns for the safety of the person, family members of the person, or other victims of human trafficking who could be jeopardized by filing a motion under this section; and   (b) state why the facts giving rise to the motion were not presented to the court during the prosecution of the person.   (3) No official determination or documentation is required to grant a motion by a person under this section, but official documentation from a local government or a state or federal agency of the person's status as a victim of human trafficking creates a rebuttable presumption that the person's participation in the offense was a direct result of having been a victim of human trafficking.   (4) If a court vacates a conviction under this section, the court shall:   (a) send a copy of the order vacating the conviction to the prosecutor and the department of justice accompanied by a form prepared by the department of justice and containing identifying information about the person; and   (b) inform the person whose conviction has been vacated under this section that the person may be eligible for certain state and federal programs and services and provide the person with information for contacting appropriate state and federal victim services organizations. After the conviction is vacated, all records and data relating to the conviction are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown.   (5) For the purposes of this section, the term "human trafficking" has the meaning provided in 45-5-701.   History: En. Sec. 1, Ch. 193, L. 2013; amd. Sec. 24, Ch. 285, L. 2015.
MT Code § 46-18-701 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 7. Jail Work Release Program|46-18-701. Limited release during employment hours

  46-18-701. Limited release during employment hours. (1) A court, after having sentenced a person to confinement in a county jail, may, in its discretion, upon request of the county attorney and sheriff of the county and with the consent of the convicted person, order that any part of the imprisonment imposed be served in confinement with limited release during the hours or periods the convicted person is actually employed.   (2) Upon the issuance of an order for limited release under this part, the sheriff shall arrange for the convicted person to continue the person's regular employment without interruption insofar as is reasonably possible. However, the prisoner must be confined in the county jail during the hours when the prisoner is not employed.   History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(a), (b); amd. Sec. 8, Ch. 189, L. 1997.
MT Code § 46-18-702 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 7. Jail Work Release Program|46-18-702. Disposition of prisoner's earnings

  46-18-702. Disposition of prisoner's earnings. The earnings of the prisoner must be collected by the sheriff. From those earnings, the sheriff shall pay the prisoner's board and personal expenses both inside and outside the jail and, to the extent directed by the court, pay the support of the prisoner's dependents, if any. Any balance must be retained until the prisoner's discharge.   History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(c); amd. Sec. 1756, Ch. 56, L. 2009.
MT Code § 46-18-703 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 7. Jail Work Release Program|46-18-703. Transfer to another county

  46-18-703. Transfer to another county. The court may by order authorize the sheriff of the sentencing county to arrange with a sheriff of any other county within the state of Montana to have the convicted person transferred to the other county where it appears the convicted person can continue the person's regular employment in the latter county. When the transfer has been made to another county, the sheriff of the sentencing county shall still collect all money earned by the convicted person and shall dispose of the money as provided by 46-18-702.   History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(f); amd. Sec. 1757, Ch. 56, L. 2009.
MT Code § 46-18-704 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 7. Jail Work Release Program|46-18-704. Reduction of sentence

  46-18-704. Reduction of sentence. The committing court may, in its discretion, upon request of the county attorney and sheriff of such county, reduce the sentence of the prisoner up to one-fourth of the full term if, in the opinion of the court, the prisoner's conduct, diligence, and general attitude merit such diminution.   History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(d).
MT Code § 46-18-705 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 7. Jail Work Release Program|46-18-705. Effect of violation of conditions

  46-18-705. Effect of violation of conditions. In cases in which the convicted person violates the conditions of a sentence, the person must be returned to the court. The court may then require that the balance of the person's sentence be spent in full confinement, and further, the court may cancel any diminution of sentence granted under this part.   History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(e); amd. Sec. 1758, Ch. 56, L. 2009.
MT Code § 46-18-801 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 8. Effect of Conviction|46-18-801. Effect of conviction -- civil disabilities

  46-18-801. Effect of conviction -- civil disabilities. (1) Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. If the sentencing judge incorporates by reference in the sentencing order rules of the department of corrections or the board of pardons and parole setting conditions of probation, parole, or supervised release with which the offender is required to comply, the incorporation by reference constitutes a specific enumeration of the conditions for purposes of this section.   (2) Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person's sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred.   History: En. 95-2227 by Sec. 9, Ch. 513, L. 1973; R.C.M. 1947, 95-2227; amd. Sec. 1, Ch. 555, L. 1995; amd. Sec. 201, Ch. 42, L. 1997.
MT Code § 46-18-901 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 9. Appellate Review of Legal Sentences|46-18-901. Review division of supreme court -- review of sentences

  46-18-901. Review division of supreme court -- review of sentences. (1) The chief justice of the supreme court of Montana shall appoint three district court judges to act as a review division of the supreme court and shall designate one of the judges to act as presiding officer of the review division. The clerk of the Montana supreme court shall record the appointment and shall give notice of the appointment to the clerk of every district court.   (2) The review division shall meet at least four times a year as its business requires, as determined by the presiding officer. The review division shall hold its meetings at locations as determined by the review division.   (3) The decision of two of the judges is sufficient to determine any matter before the review division.   (4) The review division may adopt any rules that will expedite its review of sentences. The division is also authorized to appoint a secretary.   History: En. 95-2501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2501(part); amd. Sec. 1, Ch. 69, L. 2003.
MT Code § 46-18-902 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 9. Appellate Review of Legal Sentences|46-18-902. Interested judge not to act

  46-18-902. Interested judge not to act. A judge may not sit or act on a review of a sentence that was imposed by the judge. In any case in which review of a sentence imposed by any of the judges serving on the review division is to be acted on by the division or if any member is unavailable to serve, the chief justice of the supreme court of Montana may designate another judge to act in place of the judge.   History: En. 95-2501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2501(part); amd. Sec. 2, Ch. 69, L. 2003.
MT Code § 46-18-903 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 9. Appellate Review of Legal Sentences|46-18-903. Application for review

  46-18-903. Application for review. (1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have been imposed, file with the clerk of the district court in the county in which judgment was rendered an application for review of the sentence by the review division. Upon imposition of the sentence, the clerk shall give written notice to the person sentenced and to the person's counsel of the right to make a request. The notice must include a statement that review of the sentence may result in a decrease or increase of the sentence within limits fixed by law.   (2) The clerk shall transmit the application to the review division and shall notify the judge who imposed the sentence, the county attorney of the county in which the sentence was imposed, and the person's counsel of record. The judge may transmit to the review division a statement of the judge's reasons for imposing the sentence and shall transmit the statement within 7 days if requested to do so by the review division.   (3) The review division may for cause shown consider any late request for review of sentence and may grant or deny the request.   (4) The filing of an application for review may not stay the execution of the sentence.   History: En. 95-2502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2502; amd. Sec. 3, Ch. 69, L. 2003.
MT Code § 46-18-904 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 9. Appellate Review of Legal Sentences|46-18-904. Procedure upon review

  46-18-904. Procedure upon review. (1) In each case in which an application for review is filed in accordance with 46-18-903, the review division:   (a) (i) shall review the judgment as it relates to the sentence imposed and any other sentence imposed on the person at the same time; and   (ii) may order a different sentence or sentences to be imposed as could have been imposed at the time of the imposition of the sentence under review, including a decrease or increase in the penalty; or   (b) may decide that the sentence under review should stand.   (2) In reviewing a judgment, the division may require the production of presentence reports and any other records, documents, or exhibits relevant to the review proceedings. The person requesting the review may appear and has the right to be represented by counsel, and the state may be represented by the county attorney of the county in which the sentence was imposed. Any other interested person, including the sentencing judge, may attend and participate in the review proceedings.   (3) The sentence imposed by the district court is presumed correct. If the review division orders a different sentence, the court sitting in any convenient county shall resentence the person as ordered by the review division. Time served on the sentence reviewed is considered to have been served on the sentence substituted.   History: En. 95-2503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2503(part); amd. Sec. 1, Ch. 654, L. 1985; amd. Sec. 4, Ch. 69, L. 2003.
MT Code § 46-18-905 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 9. Appellate Review of Legal Sentences|46-18-905. Decision -- finality, report of

  46-18-905. Decision -- finality, report of. (1) The decision of the review division in each case is final, and the reasons for the decision must be stated in the decision. The original of each decision must be sent to the clerk of the court for the county in which the judgment was rendered, and a copy must be sent to the judge who imposed the sentence reviewed, the person sentenced, the defense counsel, the county attorney, and the principal officer of the institution in which the person is confined.   (2) The decision must be reported in the Montana Reports.   History: En. 95-2503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2503(part); amd. Sec. 5, Ch. 69, L. 2003.
MT Code § 46-18-1001 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1001. Definitions

  46-18-1001. Definitions. As used in this part, the following definitions apply:   (1) (a) "Home" means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority.   (b) When more than one residence or family are located on a single piece of property, the term does not include the residence of any other person who is not part of the social unit formed by the offender's immediate family.   (2) "Home arrest" means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. It does not include intensive supervision by the department of corrections.   (3) "Monitoring device" means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. The device may include an apparatus for testing the offender's breath for the presence of alcohol. A telephone alone is not a monitoring device.   (4) "Supervising authority" means:   (a) in the case of an adult felon, the department of corrections;   (b) in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or   (c) in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court.   (5) "Violent felony offense" means deliberate homicide, mitigated deliberate homicide, negligent homicide, aggravated assault, negligent vehicular assault, kidnapping, aggravated kidnapping, robbery, sexual intercourse without consent, sexual abuse of children, arson, aggravated burglary, escape, any criminal attempt to commit an enumerated offense, or conviction as a persistent felony offender when the offender has a felony conviction for any of the listed offenses within the 5-year period preceding the date of the present conviction.   History: En. Sec. 1, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 218, Ch. 546, L. 1995; amd. Sec. 2, Ch. 322, L. 1997.
MT Code § 46-18-1002 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1002. Home arrest -- petition -- agreement

  46-18-1002. Home arrest -- petition -- agreement. (1) An offender may petition a sentencing court for an order directing that all or a portion of a sentence of imprisonment be served under conditions of home arrest. The term of home arrest may not exceed 6 months. Petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the offender's sentence.   (2) The petition must include:   (a) either a statement by the department of corrections that it has a monitoring device available for its use on the offender or information from the offender as to a private company that can and will implement the home arrest, along with the name and credentials of the company and the type of monitoring device to be used;   (b) the place of any employment of the offender and the name of the offender's supervisor;   (c) if the offender has been accepted into one, a plan for participation in an educational, treatment, or training program;   (d) the source and amount of any income of the offender; and   (e) the address at which the home arrest will occur and a list of any other persons who will reside at that address during all or part of the home arrest, their ages, and their relationship to the offender.   (3) The sentencing judge shall refer the petition to the supervising authority. The supervising authority shall review the petition and accept or reject the offender for home arrest. If the offender is rejected, the sentencing judge shall dismiss the petition. If the offender is accepted, the sentencing judge may conduct a hearing on the petition and grant or deny the petition. An order for home arrest must incorporate the home arrest plan, with any modifications by the court, and require compliance with the plan. The clerk of court shall give the county attorney a copy of the order.   (4) A home arrestee is subject to the decisions and applicable rules of the supervising authority during the period of supervision.   (5) The offender shall file with the court the written and notarized consent to the home arrest signed by each adult who will reside with the offender during all or part of the home arrest.   History: En. Sec. 2, Ch. 105, L. 1991; amd. Sec. 3, Ch. 322, L. 1997.