Sections
Part 1 Training Coordinator for County Attorneys § 44-4-101 – § 44-4-115
Part 2 Confidential License Plates and Registrations § 44-4-201 – § 44-4-206
Part 4 Montana Public Safety Officer Standards and Training Council § 44-4-401 – § 44-4-408
Part 9 Railroad Corporation Special Peace Officers § 44-4-901 – § 44-4-904
Part 10 Methamphetamine Watch Program § 44-4-1001 – § 44-4-1005
Part 11 Water Right Enforcement § 44-4-1101 – § 44-4-1102
Part 12 Montana 24/7 Sobriety and Drug Monitoring Program Act § 44-4-1201 – § 44-4-1206
Part 15 Human Trafficking § 44-4-1501 – § 44-4-1506
Part 16 Statewide Public Safety Communications System Act § 44-4-1601 – § 44-4-1609
Part 17 Sexual Assault Response § 44-4-1701 – § 44-4-1705

Terms Used In Montana Code > Title 44 > Chapter 4 - Miscellaneous Functions of Department of Justice

  • Advisory council: means the statewide public safety communications system advisory council established in 44-4-1604. See Montana Code 44-4-1603
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequest: Property gifted by will.
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core components: means those elements of a sobriety program that analysis demonstrates are most likely to account for positive program outcomes. See Montana Code 44-4-1202
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous drug: has the meaning provided in 50-32-101. See Montana Code 44-4-1202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-4-1202
  • Department: means the department of justice established in 2-15-2001. See Montana Code 44-4-1603
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • FirstNet: means a radio access network planned in connection with a first responder network authority's nationwide public safety broadband network for the purpose of supporting public safety voice and data communications. See Montana Code 44-4-1603
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Law enforcement agency: means the county sheriff's office or another law enforcement agency designated by the county sheriff's office that is charged with enforcing the sobriety program. See Montana Code 44-4-1202
  • Legacy: A gift of property made by will.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Minority leader: See Floor Leaders
  • Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • program: means the 24/7 sobriety and drug monitoring program established in 44-4-1203, which authorizes a court or an agency as defined in 2-15-102, as a condition of bond, sentence, probation, parole, or work permit, to:

    (i)require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, including but not limited to a second or subsequent offense of driving under the influence of alcohol or dangerous drugs, to abstain from alcohol or dangerous drugs for a period of time; and

    (ii)require the individual to be subject to testing to determine the presence of alcohol or dangerous drugs. See Montana Code 44-4-1202

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public safety communications system: means a system used primarily by public safety agencies for transmitting and receiving voice, data, or both voice and data communications. See Montana Code 44-4-1603
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Testing: means a procedure for determining the presence and level of alcohol or a dangerous drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration, and includes any combination of the use of in person or remote breath testing, drug patch testing, urinalysis testing, saliva testing, or continuous remote transdermal alcohol monitoring. See Montana Code 44-4-1202
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.