2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-207. Sexual offender treatment

46-18-207. Sexual offender treatment.
(1) Upon sentencing a person convicted of a sexual offense, as defined in 46-23-502, the court shall designate the offender as a level 1, 2, or 3 offender pursuant to 46-23-509.
(2) (a) Except as provided in subsection (2)(b), the court shall order an offender convicted of a sexual offense, as defined in 46-23-502, except an offense under 45-5-301 through 45-5-303, and sentenced to imprisonment in a state prison to:
(i) enroll in and successfully complete the educational phase of the prison's sexual offender treatment program;
(ii) if the person has been or will be designated as a level 3 offender pursuant to 46-23-509, enroll in and successfully complete the cognitive and behavioral phase of the prison's sexual offender treatment program; and
(iii) if the person is sentenced pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711 and is released on parole, remain in an outpatient sexual offender treatment program for the remainder of the person's life.
(b) A person who has been sentenced to life imprisonment without possibility of release may not participate in treatment provided pursuant to this section.
(3) A person who has been ordered to enroll in and successfully complete a phase of a state prison's sexual offender treatment program is not eligible for parole unless that phase of the program has been successfully completed as certified by a sexual offender evaluator to the board of pardons and parole.
(4) (a) Except for an offender sentenced pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711, during an offender's term of commitment to the department of corrections or a state prison, the department may place the person in a residential sexual offender treatment program approved by the department under 53-1-203.
(b) If the person successfully completes a residential sexual offender treatment program approved by the department of corrections, the remainder of the term must be served on probation unless the department petitions the sentencing court to amend the original sentencing judgment.
(5) If, following a conviction for a sexual offense as defined in 46-23-502, any portion of a person's sentence is suspended, during the suspended portion of the sentence the person:
(a) shall abide by the standard conditions of probation established by the department of corrections;
(b) shall pay the costs of imprisonment, probation, and any sexual offender treatment if the person is financially able to pay those costs;
(c) may have no contact with the victim or the victim's immediate family unless approved by the victim or the victim's parent or guardian, the person's therapists, and the person's probation officer;
(d) shall comply with all requirements and conditions of sexual offender treatment as directed by the person's sex offender therapist;
(e) may not enter an establishment where alcoholic beverages are sold for consumption on the premises or where gambling takes place;
(f) may not consume alcoholic beverages;
(g) shall enter and remain in an aftercare program as directed by the person's probation officer;
(h) shall submit to random or routine drug and alcohol testing;
(i) may not possess pornographic material or access pornography through the internet; and
(j) at the discretion of the probation and parole officer, may be subject to electronic monitoring or continuous satellite monitoring.
(6) The sentencing of a sexual offender is subject to 46-18-202(2) and 46-18-219.
(7) The sentencing court may, upon petition by the department of corrections, modify a sentence of a sexual offender to impose any part of a sentence that was previously suspended.
History: En. Sec. 27, Ch. 483, L. 2007; amd. Sec. 1, Ch. 39, L. 2009; amd. Sec. 12, Ch. 374, L. 2013; amd. Sec. 21, Ch. 285, L. 2015; amd. Sec. 11, Ch. 308, L. 2019; amd. Sec. 28, Ch. 167, L. 2023.