Terms Used In Montana Code > Title 7 > Chapter 2 > Part 47
- Access: means the ability to read, change, copy, use, transfer, or disseminate criminal justice information maintained by criminal justice agencies. See Montana Code 44-5-103
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Actual knowledge: means direct and clear awareness of information. See Montana Code 44-12-101
- Administration of criminal justice: means the performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. See Montana Code 44-5-103
- Advisory council: means the statewide public safety communications system advisory council established in 44-4-1604. See Montana Code 44-4-1603
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Biological sample: means cheek cells removed by using a buccal swab of a type authorized by the department or a vial or other container of blood. See Montana Code 44-6-101
- 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).
- Confidential criminal justice information: means :
(a) criminal investigative information;
(b) criminal intelligence information;
(c) fingerprints and photographs;
(d) criminal justice information or records made confidential by law; and
(e) any other criminal justice information not clearly defined as public criminal justice information. See Montana Code 44-5-103
- Contiguous: means any area that, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the state. See Montana Code 7-2-4704
- Contract: A legal written agreement that becomes binding when signed.
- Controlled substance: means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2. See Montana Code 44-12-101
- 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.
- Criminal history record information: means information about individuals collected by criminal justice agencies consisting of identifiable descriptions and notations of arrests; detentions; the filing of complaints, indictments, or informations and dispositions arising from complaints, indictments, or informations; sentences; correctional status; and release. See Montana Code 44-5-103
- Criminal intelligence information: means information associated with an identifiable individual, group, organization, or event compiled by a criminal justice agency:
(i) in the course of conducting an investigation relating to a major criminal conspiracy, projecting potential criminal operation, or producing an estimate of future major criminal activities; or
(ii) in relation to the reliability of information, including information derived from reports of informants or investigators or from any type of surveillance. See Montana Code 44-5-103
- Criminal investigative information: means information associated with an individual, group, organization, or event compiled by a criminal justice agency in the course of conducting an investigation of a crime or crimes. See Montana Code 44-5-103
- Criminal justice agency: means :
(a) any court with criminal jurisdiction;
(b) any federal, state, or local government agency designated by statute or by a governor's executive order to perform as its principal function the administration of criminal justice, including a governmental fire agency organized under Title 7, chapter 33, or a fire marshal who conducts criminal investigations of fires;
(c) any local government agency not included under subsection (7)(b) that performs as its principal function the administration of criminal justice pursuant to an ordinance or local executive order; or
(d) any agency of a foreign nation that has been designated by that nation's law or chief executive officer to perform as its principal function the administration of criminal justice and that has been approved for the receipt of criminal justice information by the Montana attorney general, who may consult with the United States department of justice. See Montana Code 44-5-103
- Criminal justice information: means information relating to criminal justice collected, processed, or preserved by a criminal justice agency. See Montana Code 44-5-103
- Criminal justice information system: means a system, automated or manual, operated by foreign, federal, regional, state, or local governments or governmental organizations for collecting, processing, preserving, or disseminating criminal justice information. See Montana Code 44-5-103
- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- Department: means the department of justice provided for in 2-15-2001. See Montana Code 44-6-101
- Devise: To gift property by will.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disposition: means information disclosing that criminal proceedings against an individual have terminated and describing the nature of the termination or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of appellate or collateral review of criminal proceedings, or executive clemency. See Montana Code 44-5-103
- Dissemination: means the communication or transfer of criminal justice information to individuals or agencies other than the criminal justice agency that maintains the information. See Montana Code 44-5-103
- DNA: means deoxyribonucleic acid. See Montana Code 44-6-101
- DNA identification index: means the DNA identification record system established under 44-6-102. See Montana Code 44-6-101
- DNA record: means DNA identification information stored in the DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. See Montana Code 44-6-101
- DNA testing: means DNA analysis of materials derived from the human body for the purposes of identification consistent with this part. See Montana Code 44-6-101
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fingerprints: means the recorded friction ridge skin of the fingers, palms, or soles of the feet. See Montana Code 44-5-103
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- 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.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Municipality: means any incorporated city or town. See Montana Code 7-2-4704
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public criminal justice information: means :
(a) information made public by law;
(b) information of court records and proceedings;
(c) information of convictions, deferred sentences, and deferred prosecutions;
(d) information of postconviction proceedings and status;
(e) information originated by a criminal justice agency, including:
(i) initial offense reports;
(ii) initial arrest records;
(iii) bail records; and
(iv) daily jail occupancy rosters;
(f) information considered necessary by a criminal justice agency to secure public assistance in the apprehension of a suspect; or
(g) statistical information. See Montana Code 44-5-103
- 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
- Quorum: The number of legislators that must be present to do business.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Several: means two or more. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statistical information: means data derived from records in which individuals are not identified or identification is deleted and from which neither individual identity nor any other unique characteristic that could identify an individual is ascertainable. See Montana Code 44-5-103
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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.
- Violent offense: has the meaning contained in 46-23-502. See Montana Code 44-6-101
- Writing: includes printing. See Montana Code 1-1-203