Terms Used In Montana Code > Title 46 > Chapter 18 > Part 10 - Home Arrest

• Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
• Arrest: Taking physical custody of a person by lawful authority.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Home: means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority. See Montana Code 46-18-1001
• Home arrest: means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. See Montana Code 46-18-1001
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Monitoring device: means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. See Montana Code 46-18-1001
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
• Persistent felony offender: means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. See Montana Code 46-1-202
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• 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
• Statement: means :

  (a)a writing signed or otherwise adopted or approved by a person;

  (b)a video or audio recording of a person's communications or a transcript of the communications; and

  (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

• Supervising authority: means :

  (a)in the case of an adult felon, the department of corrections;

  (b)in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or

  (c)in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court. See Montana Code 46-18-1001