{"data":{"id":"us-mt/46-18-225","jurisdiction":"us-mt","citation":"46-18-225","heading":"Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment.","body":"(1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203. In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).\n(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:\n(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;\n(b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;\n(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;\n(d) the offender acted under strong provocation;\n(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;\n(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;\n(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;\n(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;\n(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and\n(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.\n(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 18. SENTENCE AND JUDGMENT","Part 2. Form of Sentence"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0180/part_0020/section_0250/0460-0180-0020-0250.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:51Z","sha256":"b498d62fd68796df7ab8a2d5ae2b989a1220a818aa8ff405b62326bee931f682","source_id":"us-mt","stale":false,"prev":"us-mt/46-18-224","next":"us-mt/46-18-226"},"notice":"GroundRules: Original legal text. Not legal advice."}