Montana Code 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:
Terms Used In Montana Code 46-18-1003
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Home arrest: means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- 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
(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.