Montana Code 53-30-314. Community corrections facilities and programs operated by tribal governments
53-30-314. Community corrections facilities and programs operated by tribal governments. (1) A tribal government may establish, maintain, and operate a community corrections facility or program to serve the needs of offenders who are sentenced to the facility or program by a judge as provided in 53-30-321.
Terms Used In Montana Code 53-30-314
- 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
- Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. 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
(2)A tribal government operating a community corrections facility or program may accept, reject, or reject after acceptance the placement of any offender in the facility or program pursuant to an agreement with a unit of local government, a nongovernmental agency, or a judicial district. If an offender is rejected by the tribal government after initial appearance and the offender is a court referral, the sheriff of the county in which the facility or program is located must take custody of the offender. The tribal government shall notify in writing the sentencing judge who, after considering the tribal government’s reasons for rejection, shall appropriately modify the sentencing order.