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 § 46-23-1016

Title 46CRIMINAL PROCEDURE

Ch. 23PROBATION, PAROLE, AND CLEMENCY

Part 10Supervision of Probationers and Parolees

This text of Montana § 46-23-1016 (Commitments To Department -- Report To Sentencing Court -- Data) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-23-1016 (2026).

Text

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.