Montana Code 46-23-1005. Misdemeanor probation offices — misdemeanor probation officers — costs
46-23-1005. Misdemeanor probation offices — misdemeanor probation officers — costs. (1) A local government may establish a misdemeanor probation office associated with a justice’s court, municipal court, or city court. The misdemeanor probation office shall monitor offenders for misdemeanor sentence compliance and restitution payments. An offender is considered a fugitive under the conditions provided in 46-23-1014.
Terms Used In Montana Code 46-23-1005
- Contract: A legal written agreement that becomes binding when signed.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Misdemeanor probation officer: means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005. See Montana Code 46-23-1001
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court. See Montana Code 46-23-1001
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
(2)A local government may appoint or contract with a private Montana entity for the provision of misdemeanor probation officers and other employees necessary to administer this section. Misdemeanor probation officers:
(a)must have the minimum training required in 46-23-1003; and
(b)shall follow the supervision guidelines required in 46-23-1011.
(3)A publicly employed misdemeanor probation officer may order the arrest of an offender as provided in 46-23-1012.
(4)An offender who is convicted of the offense of partner or family member assault under 45-5-206 or of a violation of an order of protection under 45-5-626 and who is ordered to be supervised by misdemeanor probation must be ordered to pay for the cost of the misdemeanor probation. The actual cost of probation supervision over the offender’s sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs. The costs of misdemeanor probation are in addition to any other fines, restitution, or counseling ordered.