reglab/housing_qa huggingface dataset:
MT Code § 46-18-1003 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1003. Home arrest -- conditions -- fees

  46-18-1003. Home arrest -- conditions -- fees. (1) A home arrestee must be confined to the arrestee's home under conditions imposed by the sentencing court, which may include but are not limited to the following:   (a) The home arrestee must be confined to the arrestee's home at all times except when:   (i) working at approved employment or traveling directly to and from employment;   (ii) seeking employment;   (iii) undergoing medical, psychiatric, or mental health treatment or participating in an approved counseling or aftercare program;   (iv) attending an educational institution or program approved by the supervising authority;   (v) attending a regularly scheduled religious service at a place of worship;   (vi) participating in an approved community service program; or   (vii) conforming to a schedule prepared by the supervising authority, specifically setting forth the times when the arrestee may be absent from the home and the locations where the arrestee may be during those times.   (b) The home arrestee may not change the place of home arrest or the schedule without prior approval of the supervising authority.   (c) The home arrestee shall maintain a telephone in the home and the ordered monitoring device on the arrestee's person at all times.   (d) Conditions set by the court or the supervising authority may include:   (i) restitution;   (ii) supervision fees under 7-32-2245, 46-18-702, 46-18-703, or 46-23-1031;   (iii) any of the conditions imposed on persons on probation or conditional discharge under 46-23-1011 or 46-23-1021.   (2) An arrest warrant may be issued if the supervising authority has reason to believe that the home arrestee has violated a condition of the home arrest. Upon arrest, the supervising authority shall notify the sentencing court and give the court a written report on the violation. The court shall conduct a hearing and, if the violation is established, may revoke the home arrest and require the home arrestee to serve all or a part of the sentence. If imposition of sentence was suspended, the court may impose any sentence that could have been originally imposed. Time spent under home arrest must be credited against any sentence to be served.   History: En. Sec. 3, Ch. 105, L. 1991; amd. Sec. 4, Ch. 322, L. 1997.
MT Code § 46-18-1004 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1004. Home arrest -- ineligibility

  46-18-1004. Home arrest -- ineligibility. A person being held under a detainer, warrant, or process issued by some other jurisdiction is not eligible for home arrest. A person convicted of a violent felony offense is not eligible for home arrest. However, this section does not prevent the use of a monitoring device as a part of an intensive supervision program or other program of the department of corrections.   History: En. Sec. 4, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 219, Ch. 546, L. 1995.
MT Code § 46-18-1005 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1005. Home arrest -- responsibility for own living expenses -- government benefits

  46-18-1005. Home arrest -- responsibility for own living expenses -- government benefits. A person serving a sentence under conditions of home arrest is responsible for food, housing, clothing, and medical care expenses and is eligible for government benefits to the same extent as a person on probation, parole, or conditional discharge.   History: En. Sec. 5, Ch. 105, L. 1991.
MT Code § 46-18-1006 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 10. Home Arrest|46-18-1006. Home arrest -- list of offenders

  46-18-1006. Home arrest -- list of offenders. At least once every 30 days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home arrest in their jurisdictions. This list must include the following information:   (1) the offender's place of home arrest;   (2) the offense for which the offender was charged, convicted, or otherwise placed under home arrest;   (3) the date that the sentence of home arrest will be completed; and   (4) the name, address, and phone number of the officer of the supervising authority for the offender.   History: En. Sec. 6, Ch. 105, L. 1991.
MT Code § 46-18-1101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1101. Repealed

  46-18-1101. Repealed. Sec. 11, Ch. 384, L. 2019.   History: En. Sec. 1, Ch. 197, L. 2017.
MT Code § 46-18-1102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1102. Short title

  46-18-1102. Short title. This part may be cited as the "Misdemeanor Expungement Clarification Act".   History: En. Sec. 1, Ch. 384, L. 2019.
MT Code § 46-18-1103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1103. Definitions

  46-18-1103. Definitions. As used in this part, the following definitions apply:   (1) "Expunge" or "expungement" means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form.   (2) (a) "Record" means any:   (i) identifiable description, notation, or photograph of an arrest and detention;   (ii) complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;   (iii) sentence;   (iv) correctional status;   (v) release; or   (vi) court document or filing.   (b) The term does not include a fingerprint record or data that may be maintained for investigative purposes.   History: En. Sec. 2, Ch. 384, L. 2019.
MT Code § 46-18-1104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1104. Eligibility for misdemeanor expungement

  46-18-1104. Eligibility for misdemeanor expungement. (1) A person convicted of one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had the person's records expunged under this part previously, may petition a district court for an order requiring the expungement of all records of arrest, investigation, and detention, if any, and any court proceedings that may have been held related to the misdemeanor offense or offenses.   (2) A person may petition for expungement pursuant to this part no more than one time during the person's life.   (3) A person submitting a petition for expungement under this part must be fingerprinted for purposes of validating the person's identity.   History: En. Sec. 3, Ch. 384, L. 2019.
MT Code § 46-18-1105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1105. Venue

  46-18-1105. Venue. A person may file a petition for expungement in the district court of a judicial district in which the person was convicted of a misdemeanor for which expungement is sought.   History: En. Sec. 4, Ch. 384, L. 2019.
MT Code § 46-18-1106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1106. Notice

  46-18-1106. Notice. (1) A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested.   (2) If a victim of an offense subject to a requested expungement exists, the prosecution office responsible for the conviction for which expungement is being requested shall attempt to notify the victim of the offense within 14 days of receiving the petition for expungement and shall document the attempt. The notification must include that the victim has the right to respond to the expungement request and must inform the victim of any dates scheduled for court hearings.   History: En. Sec. 5, Ch. 384, L. 2019.
MT Code § 46-18-1107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1107. When expungement presumed

  46-18-1107. When expungement presumed. Expungement is presumed if the person requesting expungement is not currently being detained for the commission of an offense, is not charged with the commission of an offense, and does not have charges pending for the commission of a new offense, as verified by the prosecution office responsible for a conviction for which expungement is being requested, and:   (1) the person has not been convicted of any offense in this state, another state, or federal court for a period of 5 years since the person completed the sentencing terms for the offense or offenses for which expungement is being requested, including payment of any financial obligations or successful completion of court-ordered treatment; or   (2) the person has applied to a United States military academy, has applied to enlist in the armed forces or national guard, or is currently serving in the armed forces or national guard and is being held back in any way from enlisting or holding a certain position due to prior conviction.   History: En. Sec. 6, Ch. 384, L. 2019.
MT Code § 46-18-1108 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1108. When expungement not presumed

  46-18-1108. When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201, partner or family member assault under 45-5-206, stalking under 45-5-220, sexual assault under 45-5-502, a violation of a protective order under 45-5-626, or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.  (2) In making the determination of whether expungement should be granted, the district court shall consider:   (a) the age of the petitioner at the time the offense was committed;   (b) the length of time between the offense and the request;   (c) the rehabilitation of the petitioner;   (d) the likelihood that the person will reoffend; and   (e) any other factor the court considers relevant.   History: En. Sec. 7, Ch. 384, L. 2019.
MT Code § 46-18-1109 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1109. Procedure

  46-18-1109. Procedure. (1) The court must make its determination for an expungement on a preponderance of the evidence.   (2) A presumption in favor of expungement may be overcome upon a determination that the interests of public safety demand dismissal.   (3) If a representative of a prosecution office appears, the representative must be given an opportunity to respond.   (4) If a victim appears, the victim must be given an opportunity to respond.   (5) (a) The rules of evidence do not apply in an expungement hearing.   (b) The court may exclude irrelevant, immaterial, or unduly repetitious evidence.   History: En. Sec. 8, Ch. 384, L. 2019.
MT Code § 46-18-1110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1110. Expungement orders

  46-18-1110. Expungement orders. (1) When multiple misdemeanor offenses are requested to be expunged, the court may order expungement of all, some, or none of the misdemeanor offenses.   (2) If an order of expungement is granted:   (a) the order must direct, for each offense being expunged, the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, and the clerk of the court in which the person was sentenced to permanently seal all records of the arrest, investigation, and detention, if any, and any court proceedings that may have been held in the case in the possession of the recipient of the order within existing resources; and   (b) the person whose records are to be expunged shall send, for each offense being expunged, a copy of the order to the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, the clerk of the court in which the person was sentenced, and the department of justice, along with the fingerprints taken pursuant to 46-18-1104 for validating identity and a form prepared by the department of justice that contains identifying information about the petitioner.   (3) On receipt of an expungement order sent pursuant to subsection (2)(b), the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order.   History: En. Sec. 9, Ch. 384, L. 2019.
MT Code § 46-18-1111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 11. Expungement of Records|46-18-1111. Rulemaking authority

  46-18-1111. Rulemaking authority. For purposes of handling expunged records, the department of justice may adopt rules to implement the provisions of this section.   History: En. Sec. 10, Ch. 384, L. 2019.
MT Code § 46-19-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 1. Method of Execution|46-19-101. Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay

  46-19-101. Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay. (1) Upon oral pronouncement of a sentence imposing punishment of imprisonment, commitment to the department of corrections, placement in a prerelease center, community corrections facility, or other place of confinement, or death, the court shall commit the defendant to the custody of the sheriff, who shall deliver the defendant to the place of confinement, commitment, or execution and give that place an order, which must be signed by the sentencing judge on the date of oral pronouncement of sentence, stating that the defendant is sentenced to that place for imprisonment, commitment, placement, or execution, as the case may be. The order is authority for that place to hold the defendant pending receipt by that place of a copy of the written judgment.  (2) When a sheriff delivers the defendant to the place of confinement, commitment, or execution, the sheriff shall deliver at the same time all information in the possession of the sheriff regarding the physical and mental health of the defendant, including health information contained in a presentence investigation report.   (3) If a defendant is sentenced to prison or another place of confinement operated by or under contract with the department of corrections or is committed to the department and the offender is not transported to the placement within 10 days of receipt of sentencing documents, the department shall notify the court in writing of the reason for the delay.   History: En. 95-2301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2301; amd. Sec. 2, Ch. 141, L. 2003; amd. Sec. 2, Ch. 53, L. 2009; amd. Sec. 9, Ch. 491, L. 2021; amd. Sec. 1, Ch. 543, L. 2021.
MT Code § 46-19-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 1. Method of Execution|46-19-102. Execution of judgment

  46-19-102. Execution of judgment. (1) If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on the fine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a judgment in a civil case.   (2) If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in 46-18-403.   (3) (a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.   (b) In the event that a private person or entity is retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's own name.   (c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.   History: En. 95-2302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2302; amd. Sec. 3, Ch. 270, L. 1989; amd. Sec. 5, Ch. 388, L. 1995; amd. Sec. 8, Ch. 510, L. 2003; amd. Sec. 2, Ch. 327, L. 2009.
MT Code § 46-19-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 2. Suspension of Execution of Death|46-19-201. When and how mental fitness of defendant determined

  46-19-201. When and how mental fitness of defendant determined. If after judgment of death there is good reason to suppose that the defendant lacks mental fitness, the mental fitness of the defendant will be determined in accordance with the provisions of chapter 14 of this title.   History: En. 95-2304 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2304.
MT Code § 46-19-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 2. Suspension of Execution of Death|46-19-202. Proceedings following determination regarding fitness

  46-19-202. Proceedings following determination regarding fitness. (1) If it is found that defendant is mentally fit as provided in 46-19-201, the warden of the Montana state prison shall execute the judgment.   (2) If it is found that the defendant lacks fitness, the execution of judgment must be suspended and the court shall commit the defendant to the custody of the superintendent of the Montana state hospital to be placed in an appropriate facility of the department of public health and human services for as long as the lack of fitness endures.   (3) When the court, on its own motion or upon application of the superintendent of the Montana state hospital, the county prosecuting officer, or the defendant or the defendant's legal representative, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the warden must be directed by the court to carry out the execution. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to proceed with execution of the sentence, the court may suspend the execution of the sentence and may order the defendant to be discharged.   History: En. 95-2305 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 94, Ch. 120, L. 1974; R.C.M. 1947, 95-2305; amd. Sec. 8, Ch. 361, L. 1983; amd. Sec. 5, Ch. 411, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 220, Ch. 546, L. 1995; amd. Sec. 60, Ch. 130, L. 2005.
MT Code § 46-19-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 2. Suspension of Execution of Death|46-19-203. Procedure for determining if woman is pregnant

  46-19-203. Procedure for determining if woman is pregnant. If there is good reason to suppose that a woman against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, shall summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice of this inquiry must be given to the county attorney of the county who must attend the inquiry and may produce witnesses.   History: En. 95-2306 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2306; amd. Sec. 1759, Ch. 56, L. 2009.
MT Code § 46-19-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 2. Suspension of Execution of Death|46-19-204. Proceedings following determination regarding pregnancy

  46-19-204. Proceedings following determination regarding pregnancy. If it is found by the inquiry referred to in 46-19-203 that the woman is not pregnant, the warden of the Montana state prison shall execute the judgment. If it is found that the woman is pregnant, the warden shall suspend the execution of judgment and transmit the inquisition to the governor. When the governor is satisfied that the woman is no longer pregnant, the governor may issue a death warrant appointing a day for the execution of the judgment. The warrant must recite the conviction, the judgment, the method of execution, that execution of judgment was suspended due to pregnancy, that the governor is satisfied that the woman is no longer pregnant, the appointed date for the execution, and the duration of the warrant.   History: En. 95-2307 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2307; amd. Sec. 6, Ch. 411, L. 1983; amd. Sec. 1, Ch. 551, L. 1989; amd. Sec. 1760, Ch. 56, L. 2009.
MT Code § 46-19-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 3. Commitment to Prison in Another State|46-19-302. Effectuation of purposes of compact

  46-19-302. Effectuation of purposes of compact. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions, including but not limited to the making and submission of such reports as are required by the compact.   History: En. 95-2310 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2310.
MT Code § 46-19-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 3. Commitment to Prison in Another State|46-19-303. Power of governor to enter into contracts

  46-19-303. Power of governor to enter into contracts. The governor may designate the department of corrections to enter into contracts recommended by the department on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to 46-19-301.   History: En. 95-2312 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2312; amd. Sec. 1, Ch. 59, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 221, Ch. 546, L. 1995.
MT Code § 46-19-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 19. Execution of Judgment|Part 3. Commitment to Prison in Another State|46-19-304. Commitment or transfer of inmate to institution outside of state

  46-19-304. Commitment or transfer of inmate to institution outside of state. Any court or state agency having power to commit or transfer an inmate (as defined in Article II(4) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Western Interstate Corrections Compact.   History: En. 95-2309 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2309.