53-30-313. Powers and duties of community corrections boards. (1) A community corrections board may establish and enforce standards for:

Terms Used In Montana Code 53-30-313

  • Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
  • Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:

    (a)is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and

    (b)provides programs and services to aid offenders in:

    (i)obtaining and holding regular employment;

    (ii)enrolling in and maintaining academic courses;

    (iii)participating in vocational training programs;

    (iv)utilizing the resources of the community to meet their personal and family needs;

    (v)obtaining the benefits of specialized treatment services that exist within the community; and

    (vi)paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303

  • Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
  • Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
  • Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
  • Writing: includes printing. See Montana Code 1-1-203

(a)the operation of community corrections facilities and programs operated by the unit of local government or a tribal government served by the community corrections board; and

(b)the conduct of offenders placed in local community corrections facilities and programs.

(2)The community corrections board, together with the judicial district, shall establish procedures for screening offenders who are to be placed in the community corrections facility or program. The screening must take into account the aptitude, attitude, and social and occupational skills of the offender and the risk of harm the offender may present to the offender and others.

(3)A community corrections board may accept, reject, or reject after acceptance the placement of any offender in the community corrections facility or program. If an offender is rejected by the community corrections board after initial acceptance, the sheriff of the county in which the facility or program is located must take custody of the offender. The community corrections board shall notify in writing the sentencing judge who, after considering the board’s reasons for rejection, shall appropriately modify the sentencing order.