SENATE BILL NO. 433
INTRODUCED BY J. LASLOVICH
AN ACT ALLOWING A JUDGE TO TERMINATE A DEFERRED OR SUSPENDED SENTENCE UNDER CERTAIN CONDITIONS; AMENDING SECTION 46-18-204, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Termination of remaining portion of deferred or suspended sentence -- petition. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on the sentence if:
(a) in the case of a deferred imposition of sentence, the defendant has served one-half of the sentence and has demonstrated compliance with supervision requirements; or
(b) in the case of a suspended sentence:
(i) the defendant has served two-thirds of the time suspended; and
(ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.
(2) The court may hold a hearing on the petition on its own motion or upon request of the prosecutor or the defendant.
(3) The court may grant the petition if it finds that:
(a) termination of the remainder of the sentence is in the best interests of the defendant and society;
(b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and
(c) the defendant has paid all restitution and court-ordered financial obligations in full.
Section 2. Section 46-18-204, MCA, is amended to read:
"46-18-204. Dismissal after deferred imposition. Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under [section 1], upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may only be obtained only by district court order upon good cause shown."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 46, chapter 18, part 2, and the provisions of Title 46, chapter 18, part 2, apply to [section 1].
Section 4. Effective date. [This act] is effective on passage and approval.
- END -
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