Mont. Code Ann. § 46-23-1001
Definitions
En. 95-3301 by Sec. 7, Ch. 333, L. 1975; R.C.M. 1947, 95-3301; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 233, Ch. 546, L. 1995; amd. Sec. 11, Ch. 392, L. 2017; amd. Sec. 1, Ch. 235, L. 2019.
As used in this part, unless the context requires otherwise, the following definitions apply:
- (1) "Absconding" means when an offender deliberately makes the offender's whereabouts unknown to a probation and parole officer or fails to report for the purposes of avoiding supervision, and reasonable efforts by the probation and parole officer to locate the offender have been unsuccessful.
- (2) "Board" means the board of pardons and parole provided for in 2-15-2305.
(3) "Compliance violation" means a violation of the conditions of supervision that is not:
- (a) a new criminal offense;
- (b) possession of a firearm in violation of a condition of probation or parole;
- (c) behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of an offense or a member of the victim's immediate family or support network;
- (d) absconding; or
- (e) failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders.
- (4) "Department" means the department of corrections provided for in 2-15-2301.
- (5) "Misdemeanor probation officer" means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005.
- (6) "Parole" means the release to the community of a prisoner by the decision of the board prior to the expiration of the prisoner's term, subject to conditions imposed by the board and subject to supervision of the department.
- (7) "Probation" means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court.
- (8) "Probation and parole officer" means an officer employed by the department pursuant to 46-23-1002.
History: En. 95-3301 by Sec. 7, Ch. 333, L. 1975; R.C.M. 1947, 95-3301; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 233, Ch. 546, L. 1995; amd. Sec. 11, Ch. 392, L. 2017; amd. Sec. 1, Ch. 235, L. 2019.