(2)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. 1, Ch. While the governor is still required by statute to premise action on a Board recommendation, after a hearing, he may grant clemency even if the recommendation is negative. See also Smith v. County of Missoula, 992 P.2d 834 (1999)(record of dismissed charges became confidential criminal justice information, rather than expunged material, and thus sheriff was authorized to review his file in determining whether to grant or deny his application for concealed weapon permit). 177, L. 2013; amd. (6)(a)Except as provided in subsection (6)(b), in addition to any of the penalties, restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing judge may include the suspension of the license or driving privilege of the person to be imposed upon the failure to comply with any penalty, restriction, or condition of the sentence. Sec. Effective Jan. 1, 2021, a person serving a sentenceor who has completed a sentencefor a marijuana act legalized or punishable by a lesser sentence under the 2020 marijuana ballot initiatives (CI-118; I-190)(no more than one ounce for personal use) may petition the sentencing court for an expungement, resentencing, and/or redesignation, and is presumptively eligible for relief. Code Ann. the purposes of this question includes a deferred imposition of sentence and/or deferred prosecution. 384, L. 2017; amd. 1, Ch. Sec. 318, L. 2011; amd. He cannot apply for any special license for five years after the forfeiture period. Where this statute applies, the state repository follows a policy of expunging all associated records. Contact us. He must pay fines of $220 and restitution of $500, and forfeit his right to hunt, fish or trap for four years, or two if he completes remedial hunter education. Nude prowler pleads guilty to burglary charge | Daily Inter Lake Sec. Current as of April 27, 2021 | Updated by FindLaw Staff. The District Court's written Order for Deferred Imposition of Sentence followed on May 23, 2016, which reflected the five-year deferred sentence and gave Ellsworth credit for 90 days of previous incarceration. Several Montana Hunting Violation Cases Conclude in Sentencing art. However, a plea agreement reduced the number of charges to 14. Mont. Mont. Code Ann 37-1-204 (When a licensing agency prohibits an applicant from being licensed wholly or partially on the basis of a criminal conviction, the agency shall state explicitly in writing the reasons for the decision.). 7, Ch. 575, L. 1989; amd. The 2015 change in the Boards role now requires the governor to deny all applications that he does not grant. 46-23-301(1)(b), including certain licensing bars, 37-60-303 (private investigators and patrol officers). The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. Code Ann. Cite this article: FindLaw.com - Montana Title 46. or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that R. 20-25-901(3). 1947, 95-2206(1), (2), (4); amd. 1 Defendant Stormi Renea Wilkes (Wilkes) appeals the judgment of the Montana Third Judicial District Court, Deer Lodge County, sentencing her, upon jury verdict for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia, to a net five-year suspended term of commitment to the Montana Department of Corrections (DOC) ` - 46-23-316. or conditions during the period of the deferred imposition or suspension of sentence. was suspended. . Prior to a plea agreement, Swisse was charged with two felonies and 11 misdemeanors in the case, including tampering with a witness (felony); license transfer by accountability; hunting while privileges are suspended; unlawful use of a vehicle to hunt or harass a game animal; failure to obtain landowner permission to hunt; and obstructing a peace officer. Brian Schweitzer granted 16 pardons in his eight years in office (2005-2013) for crimes ranging from issuing fraudulent checks to aggravated assault. 546, L. 1995; amd. Mont. See 46-18-801(2).1. EmploymentB. 46-1-1101. Frequency of grantsH. Code Ann. 2021 :: Montana Supreme Court Decisions - Justia Law Instead, the court imposed the following sentence: Count I, felony Assault on a Minor, three years to the Montana Department of Corrections (DOC), This site is protected by reCAPTCHA and the Google. 16-12-113(1), (2). See alsohttps://dojmt.gov/enforcement/criminal-record-expungement-and-sealing(After July 1, 2017 CRISS will automatically remove all non-conviction arrest data perMCA 44-5-202and no Record Removal Form is required.). Sec. Brien, Jr. must make restitution of $3,875. Christopher Young: Misdemeanor driving under the influence . Criminal record in employment & licensingA. 321, L. 2017. 46-23-301(1)(b), including certain licensing bars, 37-60-303 (private investigators and patrol officers). to a food bank program. (3)(a)Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that may include: (i)a fine as provided by law for the offense; (ii)payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113; (iii)a term of incarceration, as provided in Title 45 for the offense, at a county detention center or at a state prison to be designated by the department of corrections; (A)an offender not referred to in subsection (3)(a)(iv)(B) to the department of corrections with a recommendation for placement in an appropriate correctional facility or program; however, all but the first 5 years of the commitment to the department of corrections must be suspended, except as provided in 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), and 45-5-625(4); or. . Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may include but are not limited to: (a)limited release during employment hours as provided in 46-18-701; (b)incarceration in a detention center not exceeding 180 days; (e)payment of a fine as provided in 46-18-231; (f)payment of costs as provided in 46-18-232 and 46-18-233; (g)payment of costs of assigned counsel as provided in 46-8-113; (h)with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321; (i)with the approval of the prerelease center or prerelease program and confirmation by the department of corrections that space is available and that the offender is a suitable candidate, an order that the offender be placed in a chemical dependency treatment program, prerelease center, or prerelease program for a period not to exceed 1 year; (k)home arrest as provided in Title 46, chapter 18, part 10; (l)payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; (m)participation in a day reporting program provided for in 53-1-203; (n)participation in the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, for a violation of aggravated driving under the influence as defined in 61-8-1001, a violation of 61-8-1002, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime or for a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute; (o)participation in a restorative justice program approved by court order and payment of a participation fee of up to $150 for program expenses if the program agrees to accept the offender; (p)any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society; (q)with approval of the program and confirmation by the department of corrections that space is available, an order that the offender be placed in a residential treatment program; or.