reglab/housing_qa huggingface dataset:
MT Code § 46-18-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-115. Sentencing hearing -- use of two-way electronic audio-video communication

  46-18-115. Sentencing hearing -- use of two-way electronic audio-video communication. Before imposing sentence or making any other disposition upon acceptance of a plea or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing, without unreasonable delay, as follows:   (1) The court shall afford the parties an opportunity to be heard on any matter relevant to the disposition, including the imposition of a sentence enhancement penalty and the applicability of mandatory minimum sentences, persistent felony offender status, or an exception to these matters.   (2) If there is a possibility of imposing the death penalty, the court shall hold a hearing as provided by 46-18-301.   (3) Except as provided in 46-11-701 and 46-16-120 through 46-16-123, the court shall address the defendant personally to ascertain whether the defendant wishes to make a statement and to present any information in mitigation of punishment or reason why the defendant should not be sentenced. If the defendant wishes to make a statement, the court shall afford the defendant a reasonable opportunity to do so. For purposes of this section, the requirement that the court address the defendant personally may be satisfied by the use of two-way electronic audio-video communication. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.   (4) (a) The court shall permit the victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding appropriate sentence. At the victim's option, the victim may present the statement in writing before the sentencing hearing or orally under oath at the sentencing hearing, or both.   (b) The court shall give copies of any written statements of the victim to the prosecutor and the defendant prior to imposing sentence.   (c) The court shall consider the victim's statement along with other factors. However, if the victim's statement includes new material facts upon which the court intends to rely, the court shall allow the defendant adequate opportunity to respond and may continue the sentencing hearing if necessary.   (5) The court shall impose sentence or make any other disposition authorized by law.   (6) In felony cases, the court shall specifically state all reasons for the sentence, including restrictions, conditions, or enhancements imposed, in open court on the record and in the written judgment.   History: En. Sec. 221, Ch. 800, L. 1991; amd. Sec. 9, Ch. 125, L. 1995; amd. Sec. 5, Ch. 163, L. 1997; amd. Sec. 3, Ch. 524, L. 2001; amd. Sec. 6, Ch. 222, L. 2005.
MT Code § 46-18-116 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-116. Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment

  46-18-116. Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment. (1) The judgment must set forth the plea, the verdict or finding, and the adjudication. If the defendant is convicted, it must set forth the sentence or other disposition. The written judgment must be signed and must be entered on the record within 30 days after the oral pronouncement of the disposition of the case. At the time that the judgment is filed, the prosecutor of the county in which the sentence was imposed shall serve a copy of the judgment on the defendant. The written judgment must include a statement of the rights set forth in subsection (2).   (2) If a written judgment and an oral pronouncement of sentence or other disposition conflict, the defendant or the prosecutor in the county in which the sentence was imposed may, within 120 days after filing of the written judgment, request that the court modify the written judgment to conform to the oral pronouncement. The court shall modify the written judgment to conform to the oral pronouncement at a hearing, and the defendant must be present at the hearing unless the defendant waives the right to be present or elects to proceed pursuant to 46-18-115. The defendant and the prosecutor waive the right to request modification of the written judgment if a request for modification of the written judgment is not filed within 120 days after the filing of the written judgment in the sentencing court.   (3) The court may correct a factually erroneous sentence or judgment at any time. Illegal sentences must be addressed in the manner provided by law for appeal and postconviction relief.   History: En. Sec. 222, Ch. 800, L. 1991; amd. Sec. 1, Ch. 74, L. 2001; amd. Sec. 1, Ch. 141, L. 2003.
MT Code § 46-18-117 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-117. Repealed

  46-18-117. Repealed. Sec. 2, Ch. 74, L. 2001.   History: En. Sec. 223, Ch. 800, L. 1991; amd. Sec. 42, Ch. 262, L. 1993.
MT Code § 46-18-118 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-118. through 46-18-129 reserved

  46-18-118 through 46-18-129 reserved.
MT Code § 46-18-130 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-130. Terminated

  46-18-130. Terminated. Sec. 5, Ch. 306, L. 1995.   History: En. Sec. 1, Ch. 306, L. 1995.
MT Code § 46-18-131 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-131. Terminated

  46-18-131. Terminated. Sec. 5, Ch. 306, L. 1995.   History: En. Sec. 2, Ch. 306, L. 1995.
MT Code § 46-18-132 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-132. Terminated

  46-18-132. Terminated. Sec. 5, Ch. 306, L. 1995.   History: En. Sec. 3, Ch. 306, L. 1995.
MT Code § 46-18-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-202. Additional restrictions on sentence

  46-18-202. Additional restrictions on sentence. (1) The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:  (a) prohibition of the offender's holding public office;   (b) prohibition of the offender's owning or carrying a dangerous weapon;   (c) restrictions on the offender's freedom of association;   (d) restrictions on the offender's freedom of movement;   (e) a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;   (f) a requirement that the offender surrender any registry identification card issued under 16-12-503 or license issued under 16-12-203;   (g) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.   (2) Whenever the sentencing judge imposes a sentence of imprisonment in a state prison for a term exceeding 1 year, the sentencing judge may also impose the restriction that the offender is ineligible for parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the sentencing judge shall state the reasons for it in writing. If the sentencing judge finds that the restriction is necessary for the protection of society, the judge shall impose the restriction as part of the sentence and the judgment must contain a statement of the reasons for the restriction.   (3) If a sentencing judge requires an offender to surrender a registry identification card issued under 16-12-503 or license issued under 16-12-203, the court shall return the card or license to the department of revenue and provide the department with information on the offender's sentence. The department shall revoke the card for the duration of the sentence and shall return the card if the offender successfully completes the terms of the sentence before the expiration date listed on the card.   History: En. 95-2206 by Sec. 1, Ch. 196, L. 1967; rep. and re-en. by Sec. 31, Ch. 513, L. 1973; amd. Sec. 36, Ch. 184, L. 1977; amd. Sec. 1, Ch. 436, L. 1977; amd. Sec. 1, Ch. 580, L. 1977; amd. Sec. 12, Ch. 584, L. 1977; R.C.M. 1947, 95-2206(3); amd. Sec. 22, Ch. 116, L. 1979; amd. Sec. 10, Ch. 583, L. 1981; amd. Sec. 2, Ch. 392, L. 1987; amd. Sec. 44, Ch. 262, L. 1993; amd. Sec. 11, Ch. 125, L. 1995; amd. Sec. 17, Ch. 350, L. 1995; amd. Sec. 6, Ch. 550, L. 1995; amd. Sec. 4, Ch. 52, L. 1999; amd. Sec. 5, Ch. 147, L. 1999; amd. Sec. 2, Ch. 22, Sp. L. August 2002; amd. Sec. 14, Ch. 483, L. 2007; amd. Sec. 29, Ch. 419, L. 2011; amd. Sec. 2, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 77, Ch. 576, L. 2021.
MT Code § 46-18-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-204. Dismissal after deferred imposition

  46-18-204. Dismissal after deferred imposition. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208:   (a) for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or   (b) for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed.   (2) A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge 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.   History: En. 95-2207 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2207; amd. Sec. 1, Ch. 147, L. 1987; amd. Sec. 1, Ch. 463, L. 1989; amd. Sec. 20, Ch. 395, L. 1999; amd. Sec. 2, Ch. 515, L. 2007; amd. Sec. 1, Ch. 273, L. 2015; amd. Sec. 25, Ch. 321, L. 2017.
MT Code § 46-18-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension

  46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension. (1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:   (a) 45-5-503, sexual intercourse without consent;   (b) 45-5-504, indecent exposure;   (c) 45-5-507, incest; or   (d) 45-8-218, deviate sexual conduct.   (2) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:   (a) 45-5-103(4), mitigated deliberate homicide;   (b) 45-5-202, aggravated assault;   (c) 45-5-302(2), kidnapping;   (d) 45-5-303(2), aggravated kidnapping;   (e) 45-5-401(2), robbery;   (f) 45-5-502(3), sexual assault;   (g) 45-5-503(2) and (3), sexual intercourse without consent; and   (h) 45-5-603, aggravated promotion of prostitution.   (3) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.   (4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), or 45-5-625(4).   History: En. Sec. 3, Ch. 52, L. 1999; amd. Sec. 5, Ch. 312, L. 2001; amd. Sec. 16, Ch. 483, L. 2007; amd. Sec. 11, Ch. 374, L. 2013; amd. Sec. 20, Ch. 285, L. 2015; amd. Sec. 26, Ch. 321, L. 2017.
MT Code § 46-18-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence

  46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence. Upon sentencing a person for conviction of a sexual offense under Title 45, chapter 5, part 5, who is designated as a level 3 offender under 46-23-509, the sentencing judge shall, as a condition of probation, parole, conditional release, or deferment or suspension of sentence, require the offender to participate in the program for the continuous satellite-based monitoring of sexual offenders established under 46-23-1010.   History: En. Sec. 1, Ch. 360, L. 2005.
MT Code § 46-18-208 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion

  46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor, the defendant, or the defendant's attorney may file a motion to terminate the time remaining on the sentence if:   (a) in the case of a deferred imposition of sentence, the defendant has served 2 years or one-half of the sentence, whichever is less, and has demonstrated compliance with supervision requirements; or   (b) in the case of a suspended sentence:   (i) the defendant has served 3 years or two-thirds of the time suspended, whichever is less; and   (ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.   (2) The motion must set forth the following:   (a) why the defendant meets the time limitations provided in subsection (1); and   (b) how the defendant has demonstrated compliance with supervision requirements.   (3) The motion must be served on the county attorney serving in the county of the presiding district court. The movant does not need to file an accompanying brief as otherwise required by Rule 2 of the Montana Uniform District Court Rules.   (4) The department of corrections shall make reasonable efforts to notify the victim if required by 46-24-212, and the county attorney shall make reasonable efforts to notify the victim. The victim must be provided the following information:   (a) a copy of the motion;   (b) written notice that:   (i) the victim may provide written input regarding the motion or may ask the county attorney to state the victim's position on the motion;   (ii) if a hearing is set, the date, time, and place of the hearing; and   (iii) the victim may appear and testify at any hearing held on the motion.   (5) The court may hold a hearing on its own motion and may consider a hearing request from the county attorney or defendant.   (6) If the court requires a hearing on the motion, the court may grant the motion if it finds that:   (a) termination of the remainder of the sentence is in the best interests of the defendant and society;   (b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and   (c) the defendant has paid all restitution and court-ordered financial obligations in full.   History: En. Sec. 1, Ch. 515, L. 2007; amd. Sec. 2, Ch. 391, L. 2017; amd. Sec. 1, Ch. 380, L. 2019.
MT Code § 46-18-209 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-209. and 46-18-210 reserved

  46-18-209 and 46-18-210 reserved.
MT Code § 46-18-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-211. When no place of imprisonment is specified

  46-18-211. When no place of imprisonment is specified. When a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence not to exceed 1 year shall be to the county jail.   History: En. 95-2206.2 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.2.
MT Code § 46-18-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-212. When no penalty is specified

  46-18-212. When no penalty is specified. The court, in imposing sentence upon an offender convicted of an offense for which no penalty is otherwise provided or if the offense is designated a misdemeanor and no penalty is otherwise provided, may sentence the offender to a term of imprisonment not to exceed 6 months in the county jail or a fine not to exceed $500, or both.   History: En. 95-2206.3 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.3(part).
MT Code § 46-18-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-213. When no penalty is specified -- felony

  46-18-213. When no penalty is specified -- felony. The court, in imposing sentence upon an offender convicted of an offense which is designated as a felony and no penalty is otherwise provided, may sentence the offender for any term not to exceed 10 years in the state prison or may fine the offender in an amount not to exceed $50,000 or may impose both such fine and imprisonment.   History: En. 95-2206.4 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.4; amd. Sec. 7, Ch. 198, L. 1981.
MT Code § 46-18-214 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-214. through 46-18-218 reserved

  46-18-214 through 46-18-218 reserved.
MT Code § 46-18-220 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-220. Sentences for certain offenses committed in official detention -- death penalty

  46-18-220. Sentences for certain offenses committed in official detention -- death penalty. An offender convicted of having committed attempted deliberate homicide, aggravated assault, or aggravated kidnapping while in official detention, as defined in 45-2-101, shall, if the provisions of 46-1-401 have been complied with, be sentenced to death or life imprisonment as provided in 46-18-301 through 46-18-310.   History: En. Sec. 1, Ch. 696, L. 1985; amd. Sec. 7, Ch. 52, L. 1999; amd. Sec. 1, Ch. 126, L. 1999; amd. Sec. 4, Ch. 491, L. 1999; amd. Sec. 4, Ch. 524, L. 2001.
MT Code § 46-18-221 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-221. Additional sentence for offenses committed with dangerous weapon

  46-18-221. Additional sentence for offenses committed with dangerous weapon. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222.   (2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222. For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:   (a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and   (b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon.   (3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222.   (4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.   History: En. 95-2206.17 by Sec. 13, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.17; amd. Sec. 1, Ch. 108, L. 1981; amd. Sec. 1, Ch. 16, L. 2001; amd. Sec. 5, Ch. 524, L. 2001.
MT Code § 46-18-223 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-223. Hearing to determine application of exceptions

  46-18-223. Hearing to determine application of exceptions. (1) When the application of an exception provided for in 46-18-222 is an issue, the court shall grant the defendant a hearing prior to the imposition of sentence to determine the applicability of the exception.   (2) The hearing shall be held before the court sitting without a jury. The defendant and the prosecution are entitled to assistance of counsel, compulsory process, and cross-examination of witnesses who appear at the hearing.   (3) If it appears by a preponderance of the information, including information submitted during the trial, during the sentencing hearing, and in so much of the presentence report as the court relies on, that none of the exceptions at issue apply, the court shall impose the appropriate mandatory sentence. The court shall state the reasons for its decision in writing and shall include an identification of the facts relied upon in making its determination. The statement shall be included in the judgment.   History: En. 95-2206.19 by Sec. 15, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.19.