Montana Code 46-1-1103. Definitions
46-1-1103. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 46-1-1103
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defense attorney: Represent defendants in criminal matters.
- Drug: includes :
(a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;
(b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or
(c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol. See Montana Code 46-1-1103
- Drug offender: means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense. See Montana Code 46-1-1103
- Drug treatment court: means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction. See Montana Code 46-1-1103
- Drug treatment court coordinator: means an individual who, under the direction of the drug treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug treatment court. See Montana Code 46-1-1103
- Drug treatment court team: means a group of individuals appointed by the drug treatment court that may consist of the following members:
(a)the judge, which may include a magistrate or other hearing officer;
(b)the prosecutor;
(c)the defense attorney;
(d)a law enforcement officer;
(e)the drug treatment court coordinator;
(f)a probation and parole officer;
(g)substance abuse treatment providers;
(h)a representative from the department of public health and human services; and
(i)any other person selected by the drug treatment court. See Montana Code 46-1-1103
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Substance abuse: means the illegal or improper consumption of a drug as defined in this section. See Montana Code 46-1-1103
(1)”Assessment” means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part.
(2)”Continuum of care” means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
(3)”Drug” includes:
(a)a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;
(b)an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or
(c)a harmful substance, which is a misused substance otherwise legal to possess, including alcohol.
(4)”Drug offender” means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense.
(5)”Drug treatment court” means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant’s addiction to drugs and to cease criminal behavior associated with drug use and addiction.
(6)”Drug treatment court coordinator” means an individual who, under the direction of the drug treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug treatment court.
(7)”Drug treatment court team” means a group of individuals appointed by the drug treatment court that may consist of the following members:
(a)the judge, which may include a magistrate or other hearing officer;
(b)the prosecutor;
(c)the defense attorney;
(d)a law enforcement officer;
(e)the drug treatment court coordinator;
(f)a probation and parole officer;
(g)substance abuse treatment providers;
(h)a representative from the department of public health and human services; and
(i)any other person selected by the drug treatment court.
(8)”Memorandum of understanding” means a written document setting forth an agreed-upon procedure.
(9)”Recidivism” has the meaning provided in 1-1-207.
(10)”Staff meeting” means the meeting before a drug offender‘s appearance in drug treatment court in which the drug treatment court team discusses a coordinated response to the drug offender’s behavior.
(11)”Substance abuse” means the illegal or improper consumption of a drug as defined in this section.
(12)”Substance abuse treatment” means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use.