HOUSE BILL NO. 48
INTRODUCED BY D. MCGEE, C. CHRISTIAENS
BY REQUEST OF THE CORRECTIONAL STANDARDS AND OVERSIGHT COMMITTEE
AN ACT GENERALLY REVISING AND CLARIFYING CERTAIN SENTENCING-RELATED CRIMINAL PROCEDURES STATUTES; AND AMENDING SECTIONS 45-9-205, 46-18-201, 46-18-202, 46-18-203, 46-18-219, 46-18-220, 46-18-222, 46-18-225, 46-18-231, 46-18-303, 46-18-502, AND 46-23-1011, MCA.
WHEREAS, the Correctional Standards and Oversight Committee was authorized by the Fifty-Fifth Legislature to conduct a study of correctional standards and to act as a correctional oversight committee; and
WHEREAS, the Committee contracted for a review of Title 46, chapter 18, MCA, sentencing statutes; and
WHEREAS, the Committee found that the statutes providing for sentencing and judgment regarding criminal procedures are confusing and rife with cross-references, internal references, and inconsistent terminology that make the statutes difficult to read and understand; and
WHEREAS, the Committee recommended that a bill be drafted to amend Title 46, chapter 18, MCA, to make nonsubstantive changes to clarify and streamline the statutes to eliminate contradictions, confusion, inconsistent terminology, and excessive internal references.
THEREFORE, the Legislature of the State of Montana finds it appropriate to so amend certain sentencing-related statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-9-205, MCA, is amended to read:
"45-9-205. Exemption from mandatory minimum sentences. If a court sentencing judge imposes any of the
sentencing alternatives specified in 45-9-202, the mandatory minimum sentences provided in 46-18-201(5) [section 3(2)] do
not apply."
Section 2. Section 46-18-201, MCA, is amended to read:
"46-18-201. Sentences that may be imposed. (1) (a) Whenever a person has been found guilty of an offense upon a
verdict or a plea of guilty, the court a sentencing judge may:
(a) defer imposition of sentence, except as otherwise specifically provided in 61-8-734 for sentences for driving under
the influence of alcohol or drugs or as provided in 61-6-304 by statute, for a period, except as otherwise provided,:
(i) not exceeding 1 year for any a misdemeanor or for a period not exceeding 3 years for any a felony.; or
(ii) not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed.
(b) Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an
offender who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of
the sentence was deferred, or execution of the sentence was suspended. The sentencing judge may impose upon the
defendant any reasonable restrictions or conditions during the period of the deferred imposition. Reasonable restrictions or
conditions may include:
(i) jail base release;
(ii) jail time not exceeding 180 days;
(iii) conditions for probation;
(iv) payment of the costs of confinement;
(v) payment of a fine as provided in 46-18-231;
(vi) payment of costs as provided in 46-18-232 and 46-18-233;
(vii) payment of costs of court-appointed counsel as provided in 46-8-113;
(viii) with the approval of the facility or program, an order that the offender be placed in a community corrections facility
or program as provided in 53-30-321;
(ix) with the approval of the prerelease center or prerelease program and confirmation by the department of corrections
that space is available, an order that the offender be placed in a prerelease center or prerelease program for a period not to
exceed 1 year;
(x) community service;
(xi) home arrest as provided in Title 46, chapter 18, part 10;
(xii) any other reasonable conditions considered necessary for rehabilitation or for the protection of society;
(xiii) payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; or
(xiv) any combination of the restrictions or conditions in subsections (1)(a)(i) through (1)(a)(xiii).
(b)(2) Whenever a person has been found guilty of an offense upon a verdict or a plea of guilty, a sentencing judge may
suspend execution of sentence, except as otherwise specifically provided by statute, for a period up to the maximum
sentence allowed or for a period of 6 months, whichever is greater, for each particular offense. The sentencing judge may
impose on the defendant any reasonable restrictions or conditions during the period of suspended sentence. Reasonable
restrictions or conditions may include any of those listed in subsection (1)(a).
(c)(3) Whenever a person has been found guilty of an offense upon a verdict or a plea of guilty, a sentencing judge may
impose a sentence that may include:
(a) a fine as provided by law for the offense;
(d)(b) require payment of costs, as provided in 46-18-232, or payment of costs of court-appointed counsel as provided in
46-8-113;
(e)(c) impose a term of incarceration at a county jail or state prison sentence, as provided in Title 45, for the offense or;
(d) commit commitment of the defendant offender to the department of corrections for a period not to exceed 5 years,
with a recommendation for placement in an appropriate correctional facility or program;
(f)(e) with the approval of the facility or program, order the offender to be placed placement of the offender in a
community corrections facility or program as provided in 53-30-321;
(g)(f) with the approval of the prerelease center or prerelease program and confirmation by the department of corrections
that space is available, order the offender to be placed placement of the offender in a prerelease center or prerelease program
for a period not to exceed 1 year;
(g) chemical treatment of sex offenders, as provided in 45-5-512, if applicable, that is paid for by and for a period of time determined by the department of corrections, but not exceeding the period of state supervision of the person; or
(h) impose any combination of subsections (1)(b) (2) through (1)(g) (3)(g).
(4) When deferring imposition of sentence or suspending all or a portion of execution of sentence, the sentencing judge may impose upon the offender any reasonable restrictions or conditions during the period of the deferred imposition or suspension of sentence. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may include but are not limited to:
(a) limited release during employment hours as provided in 46-18-701;
(b) jail time not exceeding 180 days;
(c) conditions for probation;
(d) payment of the costs of confinement;
(e) payment of a fine as provided in 46-18-231;
(f) payment of costs as provided in 46-18-232 and 46-18-233;
(g) payment of costs of court-appointed counsel as provided in 46-8-113;
(h) with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321;
(i) with the approval of the prerelease center or prerelease program and confirmation by the department of corrections that space is available, an order that the offender be placed in a prerelease center or prerelease program for a period not to exceed 1 year;
(j) community service;
(k) home arrest as provided in Title 46, chapter 18, part 10;
(l) payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116;
(m) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society; or
(n) any combination of the restrictions or conditions listed in subsections (4)(a) through (4)(m).
(2)(5) In addition to any penalties imposed pursuant to subsection (1), if the court sentencing judge finds that the victim
of the offense has sustained a pecuniary loss, the court sentencing judge shall require payment of full restitution to the
victim as provided in 46-18-241 through 46-18-249.
(3) If a financial obligation is imposed as a condition under subsection (1)(a), sentence may be deferred for a period not
exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony, regardless of whether any other
conditions are imposed.
(4) If any restrictions or conditions imposed under subsection (1)(a) or (1)(b) are violated, the court shall consider any
elapsed time and either expressly allow part or all of it as a credit against the sentence or reject all or part as a credit. The
court shall state its reasons in the order. Credit, however, must be allowed for jail or home arrest time already served.
(5) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of
imprisonment imposed under the following sections may not be deferred or suspended: 45-5-103, 45-5-202(3) relating to
aggravated assault, 45-5-302(2), 45-5-303(2), 45-5-401(2), 45-5-502(3), 45-5-503(2) and (3), 45-9-101(2), (3), and (5)(d),
45-9-102(4), and 45-9-103(2).
(6) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment
imposed under 45-5-102 may not be deferred or suspended.
(7) Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of a
defendant who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of
the sentence was deferred, or execution of the sentence was suspended.
(8) If the victim was less than 16 years old, the imposition or execution of the first 30 days of a sentence of
imprisonment imposed under 45-5-503, 45-5-504, 45-5-505, or 45-5-507 may not be deferred or suspended. Section
46-18-222 does not apply to the first 30 days of the imprisonment.
(9)(6) In imposing a sentence on a defendant an offender convicted of a sexual or violent offense, as defined in
46-23-502, the court sentencing judge may not waive the registration requirement provided in Title 46, chapter 23, part 5.
(10) A person convicted of a sexual offense, as defined in 46-23-502, and sentenced to imprisonment in the state prison
shall enroll in and complete the educational phase of the prison's sexual offender program. If the person is subject to the
provisions of 45-5-512, the person shall also, as provided in 45-5-512, undergo medically safe medroxyprogesterone acetate
treatment or its chemical equivalent or other medically safe drug treatment that reduces sexual fantasies, sex drive, or both,
paid for by and for a period of time determined by the department of corrections. The period may not exceed the period of
state supervision of the person.
(11) In sentencing a nonviolent felony offender, the court shall first consider alternatives to imprisonment of the offender
in the state prison, including placement of the offender in a community corrections facility or program or a prerelease center
or prerelease program. In considering alternatives to imprisonment, the court shall examine the sentencing criteria contained
in 46-18-225. If the court subsequently sentences the offender to a state prison, the court shall state the reasons why it did
not select an alternative to imprisonment, based on the criteria contained in 46-18-225.
(12)(7) If a felony sentence includes probation, the department of corrections shall supervise the defendant offender
unless the court specifies otherwise.
(13) Except as provided in 46-18-222, a provision of this section that conflicts with 46-18-219 does not apply to a person
sentenced under 46-18-219."
Section 3. Mandatory minimum sentences -- restrictions on deferral or suspension. (1) If the victim was less than 16 years old, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:
(a) 45-5-503, sexual intercourse without consent;
(b) 45-5-504, indecent exposure;
(c) 45-5-505, deviate sexual conduct; or
(d) 45-5-507, incest.
(2) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:
(a) 45-5-103(4), mitigated deliberate homicide;
(b) 45-5-202(3)(a), aggravated assault;
(c) 45-5-302(2), kidnapping;
(d) 45-5-303(2), aggravated kidnapping;
(e) 45-5-401(2), robbery;
(f) 45-5-502(3), sexual assault;
(g) 45-5-503(2) and (3), sexual intercourse without consent;
(h) 45-9-101(2), (3), and (5)(d), criminal sale of dangerous drugs;
(i) 45-9-102(4), criminal possession of dangerous drugs; and
(j) 45-9-103(2), criminal possession with intent to sell dangerous drugs.
(3) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.
Section 4. Section 46-18-202, MCA, is amended to read:
"46-18-202. Additional restrictions on sentence. (1) The court sentencing judge may also impose any of the following
restrictions or conditions on the sentence provided for in 46-18-201 that it the judge considers necessary to obtain the
objectives of rehabilitation and the protection of the victim and society:
(a) prohibition of the defendant's offender's holding public office;
(b) prohibition of the defendant's offender's owning or carrying a dangerous weapon;
(c) restrictions on the defendant's offender's freedom of association;
(d) restrictions on the defendant's offender's freedom of movement;
(e) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.
(2) Whenever the district court sentencing judge imposes a sentence of imprisonment in the a state prison for a term
exceeding 1 year, the court sentencing judge may also impose the restriction that the defendant offender is ineligible for
parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the
court sentencing judge shall state the reasons for it in writing. If the court sentencing judge finds that the restriction is
necessary for the protection of society, it the judge shall impose the restriction as part of the sentence and the judgment must
contain a statement of the reasons for the restriction.
(3) When the court imposes a sentence of probation, as defined in 46-23-1001, any probation agreement signed by the
defendant may contain a clause waiving extradition.
(3) An offender convicted of a sexual offense, as defined in 46-23-502, and sentenced to imprisonment in a state prison shall enroll in and complete the educational phase of the prison's sexual offender program.
(4) Whenever the district court imposes a sentence of imprisonment in the state prison for a violation of 45-5-502(3),
45-5-503, 45-5-504(2)(c), 45-5-507 (unless the act occurred between two consenting persons 16 years of age or older), or
45-5-625, the court may also impose the restriction that the defendant be ineligible for a good time allowance while serving
that term. If such a restriction is to be imposed, the court shall state the reasons for it in writing. If the court finds that the
restriction is necessary for the protection of society, it shall impose the restriction as part of the sentence and the judgment
must contain a statement of the reasons for the restriction."
Section 5. Section 46-18-203, MCA, is amended to read:
"46-18-203. Revocation of suspended or deferred sentence. (1) Upon the filing of a petition for revocation showing
probable cause that the defendant offender has violated any condition of a sentence or any condition of a deferred
imposition of sentence, the court judge may issue an order for a hearing on revocation. The order must require the defendant
offender to appear at a specified time and place for the hearing and be served by delivering a copy of the petition and order
to the defendant offender personally. The court judge may also issue an arrest warrant directing any peace officer or a
probation officer to arrest the defendant offender and bring the defendant offender before the court.
(2) The petition for a revocation must be filed with the sentencing court during the period of suspension or deferral. Expiration of the period of suspension or deferral after the petition is filed does not deprive the court of its jurisdiction to rule on the petition.
(3) The provisions pertaining to bail, as set forth in Title 46, chapter 9, are applicable to persons arrested pursuant to this section.
(4) Without unnecessary delay, the defendant offender must be brought before the court judge, and the defendant
offender must be advised of:
(a) the allegations of the petition;
(b) the opportunity to appear and to present evidence in the defendant's offender's own behalf;
(c) the opportunity to question adverse witnesses; and
(d) the right to be represented by counsel at the revocation hearing pursuant to Title 46, chapter 8, part 1.
(5) A hearing is required before a suspended or deferred sentence can be revoked or the terms or conditions of the sentence can be modified, unless:
(a) the defendant offender admits the allegations and waives the right to a hearing; or
(b) the relief to be granted is favorable to the defendant, offender and the prosecutor, after having been given notice of
the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of probation is not
favorable to the defendant offender for the purposes of this subsection (5)(b).
(6) At the hearing, the prosecution shall prove, by a preponderance of the evidence, that there has been a violation of the
terms and conditions of the suspended or deferred sentence. However, when a failure to pay restitution is the basis for the
petition, the defendant offender may excuse the violation by showing sufficient evidence that the failure to pay restitution
was not attributable to a failure on the defendant's offender's part to make a good faith effort to obtain sufficient means to
make the restitution payments as ordered.
(7) (a) If the court judge finds that the defendant offender has violated the terms and conditions of the suspended or
deferred sentence, the court judge may:
(a)(i) continue the suspended or deferred sentence without a change in conditions;
(b)(ii) continue the suspended sentence with modified or additional terms and conditions;
(c)(iii) revoke the suspension of sentence and require the defendant offender to serve either the sentence imposed or any
lesser sentence; or
(d)(iv) if the sentence was deferred, impose any sentence that might have been originally imposed.
(b) If a suspended or deferred sentence is revoked, the judge shall consider any elapsed time and either expressly allow all or part of the time as a credit against the sentence or reject all or part of the time as a credit. The judge shall state the reasons for the judge's determination in the order. Credit, however, must be allowed for jail or home arrest time already served.
(8) If the court judge finds that the prosecution has not proved, by a preponderance of the evidence, that there has been a
violation of the terms and conditions of the suspended or deferred sentence, the petition must be dismissed and the
defendant offender, if in custody, immediately released."
Section 6. Section 46-18-219, MCA, is amended to read:
"46-18-219. Life sentence without possibility of release. (1) (a) Except as provided in subsection (3), if a person an
offender convicted of one of the following offenses was previously convicted of one of the following offenses or of an
offense under the laws of another state or of the United States that, if committed in this state, would be one of the following
offenses, the person offender must be sentenced to life in prison, unless the death penalty is applicable and imposed:
(i) 45-5-102, deliberate homicide;
(ii) 45-5-303, aggravated kidnapping;
(iii) 45-5-503, sexual intercourse without consent;
(iv) 45-5-625, sexual abuse of children; or
(v) 45-5-627, except subsection (1)(b), ritual abuse of a minor.
(b) Except as provided in subsection (3), if a person an offender convicted of one of the following offenses was
previously convicted of two of the following offenses, two of any combination of the offenses listed in subsection (1)(a) or
the following offenses, or two of any offenses under the laws of another state or of the United States that, if committed in
this state, would be one of the offenses listed in subsection (1)(a) or this subsection, the person offender must be sentenced
to life in prison, unless the death penalty is applicable and imposed:
(i) 45-5-103, mitigated deliberate homicide;
(ii) 45-5-202(1), aggravated assault;
(iii) 45-5-302, kidnapping; or
(iv) 45-5-401, robbery.
(2) Except as provided in 46-23-210 and subsection (3) of this section, a person an offender sentenced under subsection
(1):
(a) shall serve the entire sentence;
(b) shall serve the sentence in prison;
(c) may not for any reason, except a medical reasons reason, be transferred for any length of time to another type of
institution, facility, or program;
(d) may not be paroled; and
(e) may not be given time off for good behavior or otherwise be given an early release for any reason.
(3) If the person offender was previously sentenced for either of two or three offenses listed in subsection (1), as
applicable, pursuant to any of the exceptions listed in 46-18-222, then the provisions of subsections (1) and (2) of this
section do not apply to the person's offender's present sentence.
(4) The imposition or execution of the sentences prescribed by this section may not be deferred or suspended. In the event of a conflict between this section and any provision of 46-18-201 or [section 3], this section prevails.
(4)(5) (a) For purposes of this section, "prison" means a secure detention facility in which inmates are locked up 24
hours a day and that is operated by this state, another state, the federal government, or a private contractor.
(b) Prison does not include a work release center, prerelease center, boot camp, or any other type of facility that does not provide secure detention."
Section 7. Section 46-18-220, MCA, is amended to read:
"46-18-220. Sentences for certain offenses committed in state prison -- death penalty. A person serving a sentence
of imprisonment in the state prison An offender convicted of having committed the offense of attempted deliberate
homicide, aggravated assault, or aggravated kidnapping committed while incarcerated at the a state prison shall be
sentenced to death or life imprisonment as provided in 46-18-301 through 46-18-310."
Section 8. Section 46-18-222, MCA, is amended to read:
"46-18-222. Exceptions to mandatory minimum sentences and restrictions on deferred imposition and suspended
execution of sentence. All mandatory Mandatory minimum sentences prescribed by the laws of this state, and mandatory
life sentences prescribed by 46-18-219, and the restrictions on deferred imposition and suspended execution of sentence
prescribed by 46-18-201(5) through (7)(1)(b), 46-18-221(3), 46-18-224, and 46-18-502(3), and [section 3] do not apply if:
(1) the defendant offender was less than 18 years of age at the time of the commission of the offense for which the
defendant offender is to be sentenced;
(2) the defendant's offender's mental capacity, at the time of the commission of the offense for which the defendant
offender is to be sentenced, was significantly impaired, although not so impaired as to constitute a defense to the
prosecution. However, a voluntarily induced intoxicated or drugged condition may not be considered an impairment for the
purposes of this subsection.
(3) the defendant offender, at the time of the commission of the offense for which the defendant offender is to be
sentenced, was acting under unusual and substantial duress, although not such duress as would constitute a defense to the
prosecution;
(4) the defendant offender was an accomplice, the conduct constituting the offense was principally the conduct of
another, and the defendant's offender's participation was relatively minor;
(5) in a case in which the threat of bodily injury or actual infliction of bodily injury is an actual element of the crime, no serious bodily injury was inflicted on the victim unless a weapon was used in the commission of the offense; or
(6) the offense was committed under 45-5-502(3) and the court judge determines that treatment of the defendant
offender in a local community affords a better opportunity for rehabilitation of the defendant offender and for the ultimate
protection of the victim and society, in which case the court judge shall include in its judgment a statement of the reasons
for its determination."
Section 9. Section 46-18-225, MCA, is amended to read:
"46-18-225. Criteria for sentencing Sentencing of nonviolent felony offenders -- criteria -- alternatives to be
considered -- court to state reasons for imprisonment. (1) In sentencing a nonviolent felony offender, the sentencing
judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender
in a community corrections facility or program, a prerelease center, or a prerelease program. In considering alternatives to
imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a
state prison, the court sentencing judge shall take into account whether:
(1)(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment
of the offender in a state prison;
(2)(b) the needs of the offender can be better served in the community or in a facility or program other than a state
prison;
(3)(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(4)(d) the offender acted under strong provocation;
(5)(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
(6)(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction
for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the
present crime;
(7)(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
(8)(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;
(9)(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(10)(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.
(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2)."
Section 10. Section 46-18-231, MCA, is amended to read:
"46-18-231. Fines in felony and misdemeanor cases. (1) (a) Whenever Except as provided in subsection (1)(b),
whenever, upon a verdict or a plea of guilty, a person an offender has been found guilty of an offense for which a felony
penalty of imprisonment could be imposed, the court sentencing judge may, in lieu of or in addition to a sentence of
imprisonment, impose a fine, only in accordance with subsection (3), and in lieu of or in addition to a sentence of
imprisonment.
(b) For those crimes for which penalties are provided in 45-5-103, 45-5-202(3), 45-5-302(2), 45-5-303(2), 45-5-401(2),
45-5-502(3), 45-5-503(2) and (3), 45-9-101(2), (3), and (5)(d), 45-9-102(4), 45-9-103(2), and 45-9-109 the following
sections, a fine may be imposed in accordance with subsection (3) in addition to a sentence of imprisonment:
(i) 45-5-103(4), mitigated deliberate homicide;
(ii) 45-5-202(3), aggravated assault, felony assault;
(iii) 45-5-302(2), kidnapping;
(iv) 45-5-303(2), aggravated kidnapping;
(v) 45-5-401(2), robbery;
(vi) 45-5-502(3), sexual assault when the victim is less than 16 years old and the offender is 3 or more years older than the victim or the offender inflicts bodily injury in the course of committing the sexual assault;
(vii) 45-5-503(2) and (3), sexual intercourse without consent;
(viii) 45-9-101(2), (3), and (5)(d), criminal sale of a narcotic drug, criminal sale of a dangerous drug included in Schedule I or Schedule II, or other criminal sale of a dangerous drug;
(ix) 45-9-102(4), criminal possession of an opiate;
(x) 45-9-103(2), criminal possession of an opiate with an intent to sell; and
(xi) 45-9-109, criminal sale of dangerous drugs on or near school property.
(2) Whenever, upon a verdict or a plea of guilty, a person an offender has been found guilty of an offense for which a
misdemeanor penalty of a fine could be imposed, the court sentencing judge may impose a fine only in accordance with
subsection (3).
(3) The court sentencing judge may not sentence a defendant an offender to pay a fine unless the defendant offender is
or will be able to pay the fine. In determining the amount and method of payment, the court sentencing judge shall take into
account the nature of the crime committed, the financial resources of the defendant offender, and the nature of the burden
that payment of the fine will impose.
(4) Any fine levied under this section in a felony case shall be in an amount fixed by the court sentencing judge not to
exceed $50,000."
Section 11. Section 46-18-303, MCA, is amended to read:
"46-18-303. Aggravating circumstances. Aggravating circumstances are any of the following:
(1) (a) The offense was deliberate homicide and was committed:
(i) by a person an offender serving a sentence of imprisonment in the a state prison.;
(2)(ii) The offense was deliberate homicide and was committed by a defendant an offender who had been previously
convicted of another deliberate homicide.;
(3)(iii) The offense was deliberate homicide and was committed by means of torture.;
(4)(iv) The offense was deliberate homicide and was committed by a person an offender lying in wait or ambush.;
(5)(v) The offense was deliberate homicide and was committed as a part of a scheme or operation that, if completed,
would result in the death of more than one person.; or
(vi) by an offender during the course of committing sexual assault, sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was less than 18 years of age.
(6)(b) The offense was deliberate homicide, as defined in 45-5-102(1)(a), and the victim was a peace officer killed while
performing the officer's duty.
(7)(2) The offense was aggravated kidnapping that resulted in the death of the victim or the death by direct action of the
defendant offender of a person who rescued or attempted to rescue the victim.
(8)(3) The offense was attempted deliberate homicide, aggravated assault, or aggravated kidnapping committed while
incarcerated at the state prison by a person an offender who has been previously:
(a) convicted of the offense of deliberate homicide; or
(b) found to be a persistent felony offender pursuant to part 5 of this chapter, and one of the convictions was for an offense against the person in violation of Title 45, chapter 5, for which the minimum prison term is not less than 2 years.
(9) The offense was deliberate homicide and was committed by a person during the course of committing sexual assault,
sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was less than 18 years of age.
(10)(4) The offense was sexual intercourse without consent and, the defendant offender has a previous conviction of
sexual intercourse without consent in this state or of an offense under the laws of another state or of the United States that if
committed in this state would be the offense of sexual intercourse without consent, and the defendant offender inflicted
serious bodily injury upon a person in the course of committing each offense."
Section 12. Section 46-18-502, MCA, is amended to read:
"46-18-502. Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.
(2) If Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10
years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:
(a) the offender was a persistent felony offender, as defined in 46-18-501, at the time of the offender's previous felony
conviction,;
(b) less than 5 years have elapsed between the commission of the present offense and either:
(i) the previous felony conviction; or
(ii) the offender's release on parole, or otherwise from prison, or from other commitment imposed as a result of the
previous felony conviction,; and
(c) the offender was 21 years of age or older at the time of the commission of the present offense, the offender shall,
except as provided in 46-18-219, be imprisoned in the state prison for a term of not less than 10 years or more than 100
years or shall be fined an amount not to exceed $50,000, or both.
(3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.
(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed."
Section 13. Section 46-23-1011, MCA, is amended to read:
"46-23-1011. Supervision on probation. (1) The department shall supervise persons offenders during their probation
period in accord with the conditions set by a court sentencing judge.
(2) A copy of the conditions of probation must be signed by the probationer and given to the probationer and the
probationer's probation and parole officer, who shall report on the probationer's progress under rules of the court sentencing
judge. Any probation agreement signed by the probationer may contain a clause waiving extradition.
(3) The probation and parole officer shall regularly advise and consult with the probationer to encourage the probationer to improve the probationer's condition and conduct and shall inform the probationer of the restoration of rights on successful completion of the sentence.
(4) The probation and parole officer may recommend and a court judge may modify any condition of probation or
suspension of sentence at any time. Notice must be given to the probation and parole officer before any condition is
modified, and the officer must be given an opportunity to present the officer's ideas or recommendations on any
modification. A copy of a modification of conditions must be delivered to the probation and parole officer and the
probationer. Waiver or modification of restitution may be ordered only as provided under the provisions of 46-18-246.
(5) The probation and parole officer shall keep records as the department or the court sentencing judge may require.
(6) (a) Upon recommendation of the probation and parole officer, a court judge may conditionally discharge a
probationer from supervision before expiration of the probationer's sentence if the court judge determines that a conditional
discharge from supervision is in the best interests of the probationer and society and will not present unreasonable risk of
danger to the victim of the offense.
(b) Subsection (6)(a) does not prohibit a court judge from revoking the order suspending execution or deferring
imposition of sentence, as provided in 46-18-203, for a probationer who has been conditionally discharged from
supervision.
(c) If the department certifies to the court sentencing judge that the workload of a district probation and parole office has
exceeded the optimum workload for the district over the preceding 60 days, the court judge may not place an offender on
probation under supervision by that district office unless it the judge grants a conditional discharge to a probationer being
supervised by that district office. The department may recommend probationers to the court judge for conditional discharge.
The court judge may accept or reject the recommendations of the department. The department shall determine the optimum
workload for each district probation and parole office."
Section 14. Codification instruction. The code commissioner shall codify all material enacted by the 56th legislature that amends material affected by [this act] to reflect the provisions of [this act] and shall make corresponding changes in style and arrangement to accommodate the codification.
- END -
Latest Version of HB 48 (HB0048.ENR)
Processed for the Web on March 31, 1999 (12:12PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services
(406)444-3064