Montana Code 46-23-1016. Commitments to department — report to sentencing court — data
46-23-1016. Commitments to department — report to sentencing court — data. (1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.
Terms Used In Montana Code 46-23-1016
- Compliance violation: means a violation of the conditions of supervision that is not:
(a)a new criminal offense;
(b)possession of a firearm in violation of a condition of probation or parole;
(c)behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;
(d)absconding; or
(e)failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders. See Montana Code 46-23-1001
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Department: means the department of corrections provided for in 2-15-2301. See Montana Code 46-23-1001
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- 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)The department shall collect and analyze data on:
(a)court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and
(b)the number and type of new criminal offenses committed by offenders under the department’s supervision.
(3)(a) Beginning September 1, 2022, and in accordance with 5-11-210, the department shall collect data and report no later than September 1 of each year to the law and justice interim committee and the criminal justice oversight council on offenders who were under the department’s supervision during the previous fiscal year and were:
(i)convicted of a new felony offense; or
(ii)revoked for a violation of the terms and conditions of a suspended or deferred sentence and the violation:
(A)is a compliance violation as defined in 46-18-203; or
(B)is not a compliance violation as defined in 46-18-203.
(b)The report must include the offenses or violations that triggered the report.