Montana Code 46-18-1004. Home arrest — ineligibility
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46-18-1004. Home arrest — ineligibility. A person being held under a detainer, warrant, or process issued by some other jurisdiction is not eligible for home arrest. A person convicted of a violent felony offense is not eligible for home arrest. However, this section does not prevent the use of a monitoring device as a part of an intensive supervision program or other program of the department of corrections.
Terms Used In Montana Code 46-18-1004
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202