Montana Code Annotated 1995

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     46-18-1003. Home arrest -- conditions -- fees -- consent of cohabitors. (1) A home arrestee must be confined to his home under conditions imposed by the sentencing court, which may include but are not limited to the following:
     (a) The home arrestee must be confined to his home at all times except when:
     (i) working at approved employment or traveling directly to and from employment;
     (ii) seeking employment;
     (iii) undergoing medical, psychiatric, or mental health treatment or participating in an approved counseling or aftercare program;
     (iv) attending an approved educational institution or program;
     (v) attending a regularly scheduled religious service at a place of worship;
     (vi) participating in an approved community service program; or
     (vii) conforming to a schedule prepared by the supervising authority, specifically setting forth the times when he may be absent from the home and the locations where he may be during those times.
     (b) The home arrestee may not commit another offense during the period of home arrest.
     (c) The home arrestee may not change the place of home arrest or the schedule without prior approval of the supervising authority.
     (d) The home arrestee shall maintain a telephone or other approved monitoring device in the home or on the arrestee's person at all times.
     (e) Conditions set by the court or the supervising authority may include:
     (i) restitution;
     (ii) supervision fees under 7-32-2245, 46-18-702, or 46-18-703;
     (iii) any of the conditions imposed on persons on probation or conditional discharge under 46-23-1011 or 46-23-1021.
     (2) A written and notarized consent agreement must be filed with the court by every adult who will share the offender's home during the term of home arrest.
     (3) Violation of the provisions of any condition of home arrest may subject the home arrestee to prosecution under 45-7-306.

     History: En. Sec. 3, Ch. 105, L. 1991.

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