Montana Code 46-18-1001. Definitions
46-18-1001. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 46-18-1001
- Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Home: means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority. See Montana Code 46-18-1001
- 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. See Montana Code 46-18-1001
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Persistent felony offender: means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. 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
- Property: means real and personal property. See Montana Code 1-1-205
- 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. See Montana Code 46-18-1001
(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.