Montana § 46-18-202 Additional Restrictions On Sentence

Montana Statutes

§ 46-18-202 — Additional Restrictions On Sentence

Montana § 46-18-202

Title 46CRIMINAL PROCEDURE

Ch. 18SENTENCE AND JUDGMENT

Part 2Form of Sentence

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Bluebook

Mont. Code Ann. § 46-18-202 (2026).

Text

46-18-202 . Additional restrictions on sentence.

(1)The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:

(a)prohibition of the offender's holding public office;

(b)prohibition of the offender's owning or carrying a dangerous weapon;

(c)restrictions on the offender's freedom of association;

(d)restrictions on the offender's freedom of movement;

(e)a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;

(f)a requirement that the offender surrender any registry identificati

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46-18-202 . Additional restrictions on sentence. (1) The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:
(a) prohibition of the offender's holding public office;
(b) prohibition of the offender's owning or carrying a dangerous weapon;
(c) restrictions on the offender's freedom of association;
(d) restrictions on the offender's freedom of movement;
(e) a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;
(f) a requirement that the offender surrender any registry identification card issued under 16-12-503 or license issued under 16-12-203 ;
(g) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.
(2) Whenever the sentencing judge imposes a sentence of imprisonment in a state prison for a term exceeding 1 year, the sentencing judge may also impose the restriction that the offender is ineligible for parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the sentencing judge shall state the reasons for it in writing. If the sentencing judge finds that the restriction is necessary for the protection of society, 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) If a sentencing judge requires an offender to surrender a registry identification card issued under 16-12-503 or license issued under 16-12-203 , the court shall return the card or license to the department of revenue and provide the department with information on the offender's sentence. The department shall revoke the card for the duration of the sentence and shall return the card if the offender successfully completes the terms of the sentence before the expiration date listed on the card.

Legislative History

En. 95-2206 by Sec. 1, Ch. 196, L. 1967; rep. and re-en. by Sec. 31, Ch. 513, L. 1973; amd. Sec. 36, Ch. 184, L. 1977; amd. Sec. 1, Ch. 436, L. 1977; amd. Sec. 1, Ch. 580, L. 1977; amd. Sec. 12, Ch. 584, L. 1977; R.C.M. 1947, 95-2206(3); amd. Sec. 22, Ch. 116, L. 1979; amd. Sec. 10, Ch. 583, L. 1981; amd. Sec. 2, Ch. 392, L. 1987; amd. Sec. 44, Ch. 262, L. 1993; amd. Sec. 11, Ch. 125, L. 1995; amd. Sec. 17, Ch. 350, L. 1995; amd. Sec. 6, Ch. 550, L. 1995; amd. Sec. 4, Ch. 52, L. 1999; amd. Sec. 5, Ch. 147, L. 1999; amd. Sec. 2, Ch. 22, Sp. L. August 2002; amd. Sec. 14, Ch. 483, L. 2007; amd. Sec. 29, Ch. 419, L. 2011; amd. Sec. 2, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 77, Ch. 576, L. 2021.