Montana Code 46-18-225. Sentencing of nonviolent felony offenders — criteria — alternatives to be considered — court to state reasons for imprisonment
46-18-225. Sentencing of nonviolent felony offenders — criteria — alternatives to be considered — court to state reasons for imprisonment. (1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203. In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
Terms Used In Montana Code 46-18-225
- 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
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:
(a)the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
(b)the needs of the offender can be better served in the community or in a facility or program other than a state prison;
(c)there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(d)the offender acted under strong provocation;
(e)the offender has made restitution or will make restitution to the victim of the offender’s criminal conduct;
(f)the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;
(g)the offender’s criminal conduct was the result of circumstances that are unlikely to recur;
(h)the character and attitude of the offender indicate that the offender is likely to commit another crime;
(i)the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(j)imprisonment of the offender would create an excessive hardship on the offender or the offender’s family.
(3)If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).