This bill amends Montana law regarding the revocation of suspended or deferred sentences and the imposition of new sentences following such revocations. Specifically, it stipulates that if a sentence is revoked, the new sentence must run consecutively to any existing sentence unless the original suspended or deferred sentence was served concurrently with the previous sentence. This change is reflected in the amendments to Section 46-18-203 and Section 46-18-401 of the Montana Code Annotated (MCA).
The bill also clarifies the procedures for revocation hearings, including the requirements for notifying offenders of the allegations against them and their rights during the hearing process. It emphasizes that the prosecution must prove any violations by a preponderance of the evidence and outlines the options available to judges when determining the consequences of a revocation. The new legal language inserted into Section 46-18-401 reinforces the requirement for consecutive sentencing upon revocation, thereby ensuring that offenders serve additional time for violations of their suspended or deferred sentences.
Statutes affected: LC Text: 46-18-203, 46-18-401
HB0612_1(1): 46-18-203, 46-18-401
HB0612_1(2): 46-18-203, 46-18-401
HB0612_1(3): 46-18-203, 46-18-401
HB0612_1(4): 46-18-203, 46-18-401
HB0612_1(5): 46-18-203, 46-18-401
HB0612_1(6): 46-18-203, 46-18-401
HB0612_1(7): 46-18-203, 46-18-401
HB0612_1(8): 46-18-203, 46-18-401
HB0612_1: 46-18-203, 46-18-401
HB0612_X(1): 46-18-203, 46-18-401
HB0612_X(2): 46-18-203, 46-18-401
HB0612_X(3): 46-18-203, 46-18-401
HB0612_X(4): 46-18-203, 46-18-401
HB0612_X(5): 46-18-203, 46-18-401
HB0612_X(6): 46-18-203, 46-18-401
HB0612_X(7): 46-18-203, 46-18-401
HB0612_X(8): 46-18-203, 46-18-401
HB0612_X: 46-18-203, 46-18-401