Montana § 46-23-1016 Commitments To Department -- Report To Sentencing Court -- Data

Montana Statutes

§ 46-23-1016 — Commitments To Department -- Report To Sentencing Court -- Data

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 23 PROBATION, PAROLE, AND CLEMENCY·Part 10 Supervision of Probationers and Parolees

46-23-1016 . Commitments to department -- report to sentencing court -- data.

(1)If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.

(2)The department shall collect and analyze data on:

(a)court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and

(b)the number and type of new criminal offenses committed by offenders under the department's supervision.

(3)(a) Beginning

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46-23-1016 . Commitments to department -- report to sentencing court -- data. (1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.
(2) The department shall collect and analyze data on:
(a) court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and
(b) the number and type of new criminal offenses committed by offenders under the department's supervision.
(3) (a) Beginning September 1, 2022, and in accordance with 5-11-210 , the department shall collect data and report no later than September 1 of each year to the law and justice interim committee and the criminal justice oversight council on offenders who were under the department's supervision during the previous fiscal year and were:
(i) convicted of a new felony offense; or
(ii) revoked for a violation of the terms and conditions of a suspended or deferred sentence and the violation:
(A) is a compliance violation as defined in 46-18-203 ; or
(B) is not a compliance violation as defined in 46-18-203 .
(b) The report must include the offenses or violations that triggered the report.

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