HELD: OPINIONS OF THE ATTORNEY GENERAL When a deferred imposition of sentence results in a dismissal of charges the expungement of the defendant's record mandated by sect ion 46-18-204, MCA, requires that all . Admin. Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. Prior to March 2015, the governor could issue a pardon only upon the favorable recommendation of the Board of Pardons and Parole, except in capital cases, though he was not bound to accept each Board favorable recommendation. Sec. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Get free summaries of new Montana Supreme Court opinions delivered to your inbox! FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Steven Schaller, 64 . 1, Ch. Sign up for our free summaries and get the latest delivered directly to you. 1, Ch. However, a plea agreement reduced the number of charges to 14. treatment program, prerelease center, or prerelease program for a period not to exceed On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony possession. 1. as defined in 46-23-502, the sentencing judge may not waive the registration requirement provided in Title (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed. The 2015 change in the Boards role now requires the governor to deny all applications that he does not grant. If sentenced under this alternative, the person may be entitled to a suspended sentence but is not eligible for a deferred imposition of sentence. Sec. Montana law also provides for pre-charge diversion by prosecutors, Mont. Ellsworth did not appeal. 147, L. 1987; amd. If you answer yes, you must submit a detailed explanation of the events AND the charging . Sec. This will run consecutive to the two felony sentences. 395, L. 1999; amd. On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony . In such cases, the sentencing court shall impose lifetime supervision as part of sentence imposed, for the purpose of restricting the persons right to purchase and possess firearms. 45-8-314(1). For the two felony counts, Brien, Jr. received deferred impositions of sentence of six years. art. Sec. who has been convicted of a felony on a prior occasion, whether or not the sentence The Supreme Court reversed the judgment of the district court revoking Defendant's deferred sentence and sentencing him to a five-year term with the Montana Department of Corrections (DOC) and giving him credit for 138 days of time served, holding that's the district court imposed an illegal sentence. Under Mont. 14 McDanold argues that, under 1999 amendments to 46-18-201, MCA, restitution may be imposed only . Const. a suitable candidate, an order that the offender be placed in a chemical dependency 31, Ch. Tune in to Catchin the Big Ones! The state constitution does not provide for disqualification from jury service, but a statute does. The Supreme Court affirmed in part and reversed in part the judgment of the district court sentencing Defendant to a net five-year suspended term of commitment to the Montana Department of Corrections and a $15,000 fine for her convictions for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia, holding that the Sec. 505, L. 1999; amd. 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. The Board may hold a hearing in meritorious cases where all sides are heard and a record made, though it is required to hold hearings only in capital cases. 177, L. 2013; amd. VI, 12. See 46-18-222. factor in the commission of the crime or for a violation of any statute involving 3, Ch. Mont. A person whose application has been denied may not reapply unless they submit evidence of substantial change in circumstances since the last application. Mont. 1, Ch. 214, Ch. Sec. 258, L. 2003; amd. require payment of full restitution to the victim, as provided in 46-18-241 through 46-18-249, whether or not any part of the sentence is deferred or suspended. art. Report to legislatureG. 41-5-216(5). Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Where this statute applies, the state repository follows a policy of expunging all associated records. Box 200513 Helena, Montana 59620-0513 (406)444-5711 FAX (406) 841-2305 . Mont. %PDF-1.6 % Mont. 2-15-2302(2). (Prior to 1989, the requirement was that records be expunged, which was understood to require that all documentation and physical or automated entries concerning the expunged offense be physically destroyed or obliterated. 42 Mont. art. Prosecutors must attempt to notify the victim of the offense (if one exists) and inform the victim of any hearing dates scheduled. Sec. 20, Ch. (b)for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. Mont. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Sec. Schallock, Sr. plead guilty to three misdemeanor counts: killing over the limit of an antlered mule deer; transfer or loan of a license for a mule deer buck; and transfer of a license for a 55 elk. EligibilityD. 25, Ch. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208: (a)for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or. Code Ann. sentence, except as otherwise specifically provided by statute, for a period: (i)not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for See Mont. Sec. The sentencing judge shall state as part of the sentence and the judgment the reasons a longer suspended sentence is needed to protect society or the victim. This site is protected by reCAPTCHA and the Google. On August 28, 2017, Gary Brien, Jr. of Sidney, 45, was sentenced in Richland Countys Seventh Judicial District Court for two felony charges of unlawful possession of game animals and 12 misdemeanor game offenses. Sentences that may be imposed on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. The contents are merely guidelines for an individual judge. 437, L. 2003; amd. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Governor Steve Bullock has granted only three full pardons since taking office in January 2013 while denying 81 (through the Board has recommended several others). Both men have previous game violations in Montana, according to court records. He had multiple charges of license transfer, hunting or killing over limit, hunting during closed season, unlawful taking of beaver, possession of unlawfully taken game birds, solicitation of a crime, and unlawful use of a motor vehicle while hunting. the offender unless the court specifies otherwise. Sec. Sec. 1997), its provisions may be incorporated by reference into particular licensing statutes, Ulrich v. State ex rel. However, the Montana Human Rights Commission takes the position that pre-employment inquiries regarding arrests raise suspicion of intent to unlawfully discriminate unless related to bona fide lawful affirmative action plan or inquiry is required for record-keeping purposes. The court considered his criminal history, including non-violent felony crimes, but it determined that Nelson was acting at the behest of his co-defendant, Mr. Levi Swisse., Wisconsin brothers sentenced for unlawful possession of game in Dawson County. Last updated: January 15, 2022. Pursuant to the Revised Codes of Montana (RCM) 1947, Section 95-2215, a sentencing judge in Montana must give credit against a prison sentence for all days during which a criminal defendant is incarcerated on a bailable offense and has a judgment of imprisonment rendered against him. 415, L. 1981; amd. On January 29, 2018, Craig Schallock plead guilty to two misdemeanor counts: hunting and killing a 44 mule deer buck without a license and transfer of a license for the buck. Driving with suspended license dropped by prosecutor. Sec. There is no comparable authority to seal non-conviction court records, and 44-5-202(8) does not appear to limit public access to court records. (1) (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 defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i)not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or. Montana Highway Patrol Sharon Stokes, 48, speeding in a restricted zone, $145. 587, L. 1979; amd. of fines, costs, or restitution. 2, Ch. All decisions are by majority vote. (b)Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an offender who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentence was deferred, or execution of the sentence was suspended. 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 Individuals with a deferred imposition of sentence will have the charge or charges dismissed at the end of the deferred imposition if they have met the conditions of the sentence. According to Marx, Thomas Stahl of Stanford, Mont., 25, also posted a $235 bond for loan and transfer of a hunting license. 610, L. 1987; amd. William Andrew Condon: Felony issuing a bad check in excess of $5,000, deferred imposition of sentence. 482, L. 1995; amd. (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. 1002 Hollenbeck Road See 44-5-103(4)(a), (7)(a). Sec. Deferred sentences (aka deferred adjudication) are not considered convictions under Montana law. Sec. jpribnow@mt.gov. Two other misdemeanor counts of unlawful possession or transport of a mule deer buck and obstructing or giving false information to a game warden were dismissed with prejudice. Ellsworth did not appeal. 46-18-1101, and replaced it with a revised Chapter 11, effective October 1, 2019. You Have a Deferred Imposition of Sentence You must follow these steps to get your conviction removed from your record. 46-23-316. Two brothers from Arkansaw, Wisc., were sentenced in a license fraud case in Dawson Countys Seventh Judicial District Court for offenses committed between August 2010 and August 2016 in Dawson County. report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the date of remission, commutation, pardon, or respite, with the reason for granting the same, and the objection, if any, of any of the members of the board made to the action. 46-23-301(3). Code Ann. 1. 52, L. 1999; amd. Executive pardon removes all legal consequences of conviction, Mont. Privacy Rules 4.60. 626, L. 1987; amd. that space is available, an order that the offender be placed in a residential treatment You can explore additional available newsletters here. LawServer is for purposes of information only and is no substitute for legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. 1, Ch. DUI -- one year in jail, all suspended. 116, L. 1979; amd. (b)Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an offender Are you Tackling the Titans this weekend? Full rights are automatically restored by termination of state supervision for any offense against the state. Mont. Contact us. 3, L. 2019; amd. Sheila Kay Corwin, 52, 20 hours community service, $30 administrative fees-general, $25 costs, $25 victim/witness fee, five days . 341, L. 1997; amd. 189, L. 1997; amd. Felony theft, dismissed by court. The Misdemeanor Expungement Clarification Act of 2019, or HB 543, repealed the earlier authority for expungement of misdemeanor convictions, Mont. The sentences are to run concurrently. 46-23-301(1)(b), including certain licensing bars, 37-60-303 (private investigators and patrol officers). or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that (6)(a)Except as provided in subsection (6)(b), in addition to any of the penalties, For the remaining counts, Brien, Jr. was sentenced to six months in jail, all suspended, and must pay $500. of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing State v. Tomaskie, 157 P.3d 691, 693-694 (Mont. He cannot apply for any special license for five years after the forfeiture period. Gianforte received a six-month deferred sentence and served no jail time. 46-23-103(4). R. 20-25-902(1). (AP) A northwestern Montana woman has been given a six-month deferred imposition of sentence after pleading no contest to a charge alleging she shot a 6-month-old husky puppy . Code Ann. Sec. Sec. All rights reserved. Brien, Jr. must make restitution of $3,875. Deferred imposition of sentence is a sentencing tool used by the courts and attorneys to allow convicted individuals an opportunity to not have a criminal conviction on their public record in the long run. 322, L. 1979; amd. Mont. the maximum sentence allowed or for a period of 6 months, whichever is greater, for 537, L. 2021. 2-15-2302(2). See 46-18-801(2).1. 2-15-2303(8). . (4)When deferring imposition of sentence or suspending all or a portion of execution 1, Ch. 181, L. 1997; amd. Code Ann. 374, L. 2013; amd. 1, Ch. Schallock received a four-year deferred sentence in Judith Basin County. Code Ann. was imposed, imposition of the sentence was deferred, or execution of the sentence or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of On appeal, Defendant argued that she received ineffective assistance of counsel when her attorney, while arguing for a deferred sentence, failed to inform the district court of his authority to impose an alternative sentence under Mont. 10, L. 1993; amd. 45-9-202. 189, L. 1983; amd. History of the Board (including merging of pardon and parole function in 1955) at https://bopp.mt.gov/History. 348, L. 2019; amd. Expungement, sealing & other record relief. 2, Ch. 0 Affidavit of Probable Cause/Request for Warrant, Script Initial Appearance and Arraignment, Script Initial Appearance and Arraignment for Felonies and Misdemeanors, Order Transferring Case and Transmitting Bond, State Public Defender Administrative Policies, Initial Appearance and Arraignment Script, Order for Bail Conditions and Continuance Order, Order for Bail Conditions Alcohol Related, Order for Bail Conditions Partner/Family Member Assault (PFMA), Subpoena To Appear and Testify At A Hearing Or Trial and/or Produce Documents/Items-, Sentencing Order Driving Under the Influence, Sentencing Order Partner/Family Member Assault, Order for Initial Appearance on Petition to Revoke, Motion to Change Court Date or Schedule Change of Plea Hearing, Order Changing Court Date or Scheduling Change of Plea Hearing, Motion to Withdraw Guilty Plea, Dismiss Charges and Seal Case, Order Withdrawing Guilty Plea, Dismissing Case and Sealing Record, Order Canceling Appointment of Public Defender, Motion Scheduling Hearing to Review Public Defender Denial, Order Scheduling Hearing to Review Public Defender Denial, Order Denying Motion to Withdraw Guilty Plea or Finding of Guilt, Order Granting Motion to Withdraw Guilty Plea, Dismiss Case or Seal Record, Order of Recusal and for a Substitute Judge, Order Transferring Case to Substitute Judge (Justice Court), Order Transferring Case to Substitute Judge (Justice Court of Record), Order Transferring Case to Substitute Judge (City Court), Order Transferring Case to Substitute Judge (Municipal Court), Subpoena for Personal Appearance at Trial or Hearing, Affidavit to be Excused from Jury Service, Order of Jury Trial for Self-Represented Litigant, Order on Defendants Motion to Review Public Defender Denial, Notice to District Court on Motion To Disqualify Judge, Order Setting Aside Motion to Disqualify Judge As Void, Court Referral for Court Approved Alcohol Testing Program, Court Referral for Alive at 25 Traffic School, Application for Court Appointed Counsel and Instructions. 515, L. 2007; amd. 128, L. 2009; amd. 44-5-202(8)(as amended in 2019): If an individual is released without the filing of charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the court having jurisdiction in the criminal action shall report the disposition to the state repository as required in44-5-213(2) within 14 business days. . Code Ann. All are appointed by the Governor, and serve effectively as volunteers. While the provision specifying offenses for which expungement will not be presumed does not mention payment of court debt, the Montana Department of Justice interprets both of these statutes to require payment of LFOs to qualify for expungement. Bd. 395, L. 1999; amd. (b)(i)Except as provided in subsections (2)(b)(ii) and (2)(b)(iii), a sentencing judge may not suspend execution of sentence, including when imposing a sentence under subsection (3)(a)(vii), in a manner that would result in an offender being supervised in the community as a probationer by the department of corrections for a period of time longer than: (A)20 years for a sexual offender, as defined in 46-23-502; (B)20 years for an offender convicted of deliberate homicide, as defined in 45-5-102, or mitigated homicide, as defined in 45-5-103; (C)15 years for a violent offender, as defined in 46-23-502, an offender convicted of negligent homicide, as defined in 45-5-104, vehicular homicide while under the influence, as defined in 45-5-106, or criminal distribution of dangerous drugs that results in the death of an individual from use of the dangerous drug, as provided in 45-9-101(5); (D)10 years for an offender convicted of 45-9-101, 45-9-103, 45-9-107, 45-9-109, 45-9-110, 45-9-125, 45-9-127, or 45-9-132; or. | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-18-201/. Schallock also posted bond on a Garfield County, Montana obstruction charge in exchange for dropping possession charges. judge may include the suspension of the license or driving privilege of the person 2, Ch. An individual who has lost his firearms rights may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms, and shall show good cause for the possession of each firearm sought to be purchased and possessed. 45-8-314(2)(a). 46-23-301(1)(b), including certain licensing bars, 37-60-303 (private investigators and patrol officers). 10, Ch. The legislature finds that the public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful occupation, while licensure must be conferred with prudence to protect the interests of the public. 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.). His hunting, fishing, guiding and trapping privileges were revoked for 10 years. Under 2015 changes to the system, if the Board declines to investigate or hold a hearing, the governor may direct it to do so. Code Ann. He received a deferred imposition of sentence of three years and 30 days. Mont. 321, L. 2017. Frequency of grantsH. (vii)any combination of subsection (2) and this subsection (3)(a). (Sent. 575, L. 1989; amd. Sec. Sec. One member must be an enrolled member of a state-recognized or federally recognized Indian tribe located within the boundaries of the state of Montana. Mont. (r)any combination of the restrictions or conditions listed in this subsection (4). Montana has no law regulating consideration of criminal record in public or private employment. B.) restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing 1, Ch. 1, Ch. Pardon policy & practiceA. The Supreme Court reversed the district court's judgment and sentencing order 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. 12.1-32. The sentences will run concurrently. 1, Ch. VI, 12. Three men sentenced in Judith Basin County for illegal possession of game. Misdemeanants may apply. 309, L. 2013; amd. Const. Under Mont. 43, Ch. Sec. 2, Ch. (2)Whenever a person has been found guilty of an offense upon a verdict of guilty History:En. (vii)any combination of subsection (2) and this subsection (3)(a). 1947, 95-2206(1), (2), (4); amd. There are no eligibility requirements for executive pardon, except that federal and out-of-state offenders are ineligible. that immediately subsequent to sentencing or disposition the offender is released Christopher Young: Misdemeanor driving under the influence . Expungement, sealing & other record reliefA. Board statistics can be found at the Boards website athttps://bopp.mt.gov/Statistics, and gubernatorial grants are athttps://leg.mt.gov/content/Committees/Interim/2017-2018/Law-and-Justice/Committee-Topics/ljic-agency-oversight-executive-clemency-report-1984-2008.pdf. Criminal record in employment & licensing. David Haywood, 51, day speeding, $20. In July 2017, Allan Baier, 72, reached a deferred prosecution agreement for felony unlawful possession, shipping or transport of game animals, and for three misdemeanor counts of nonresident license or permit offense. While this statute does not itself apply to license revocation proceedings, Erickson v. State ex rel. ` - Code Ann. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 293, L. 1989; amd. 584, L. 1977; R.C.M. of the sentence. ProcessF. Dismissal after deferred imposition. https://leg.mt.gov/content/Committees/Interim/2017-2018/Law-and-Justice/Committee-Topics/ljic-agency-oversight-executive-clemency-report-1984-2008.pdf. Sec. Swisse must pay court costs and a fine of $2,500. In recent months Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx has wrapped up several cases involving hunting violations committed in Montana. Sec. Mont. accept the offender; (p)any other reasonable restrictions or conditions considered necessary for rehabilitation Loss & restoration of civil/firearms rightsA. (ii)The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply if the sentencing judge finds that a longer term of supervision is needed for the protection of society or the victim. art. with a recommendation for placement in an appropriate correctional facility or program; A licensing agency must give reasons for denying a license on grounds related to a felony conviction. Const. or conditions during the period of the deferred imposition or suspension of sentence. He must pay $1,000 in fines and $3,700 in restitution and cannot or fish in Montana or any states participating in the Interstate Wildlife Violator Compact during this period. Sec. Code Ann. Admin. IV, 2. 1, Ch. of a participation fee of up to $150 for program expenses if the program agrees to art. You already receive all suggested Justia Opinion Summary Newsletters. Mont. Criminal record in employment & licensingA. 2, Ch. Licensing 9, Ch. 104, Ch. Sec. Code Ann. Sec. One of these cases dates back to 2010, and investigation and prosecution of game offenses can take years. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. of corrections, but not exceeding the period of state supervision of the person; (vi)commitment of an offender to the department of corrections with the requirement 52, Ch. R. 20-25-901 to 904, posted at https://bopp.mt.gov/AdminRules. As amended in 2021, this provision now makes clear that an expungement under this section does not preclude petitioning for expungement under 46-18-1102. 13 Did the District Court have authority to order McDanold to pay restitution absent a deferred imposition of sentence? A third misdemeanor of attempting to harvest an antlered mule deer buck without a license was dismissed with prejudice. The District Court's stated reasons for the deferred sentence werethat both parties signed the plea agreement, it was consistent with Montana statutes regarding sentencing, the offense was a first felony offense, and Sprout was young and gainfully employed. court did not sentence Yates in accordance with the parties' joint recommendation for a four-year deferred imposition of sentence. Dismissal after deferred imposition. 19, Ch. Deferred adjudicationC. Marijuana expungement, redesignation, & resentencingD. 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 (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. 407, L. 1995; amd. Sec. Sec. He also had to pay restitution totaling $11,600 for nine deer. 21, Ch. 41-5-215(1), 41-5-216(1). 1, Ch. Sec. If a majority of the Board recommends denial in a non-capital case, the case may not be sent to the governor. 6, Ch. Brian Schweitzer granted 16 pardons in his eight years in office (2005-2013) for crimes ranging from issuing fraudulent checks to aggravated assault. Rules are set forth at Mont. 296 0 obj <>/Filter/FlateDecode/ID[<288480FB5D289D4E97746F61ECFC450F><291F19E02EF3AD4499515FCF39C4D8DC>]/Index[275 32]/Info 274 0 R/Length 104/Prev 214142/Root 276 0 R/Size 307/Type/XRef/W[1 3 1]>>stream Code Ann. Montana's Driving Under the Influence of Substances Law 61-8-401. 46-16-130, and for the establishment of a drug court program. Sidney men sentenced for unlawful possession of game animals. Phone: 406.846.3594 7, Ch. Sec. For crimes for which expungement is not presumed, expungement may be granted after a hearing, in which the court must consider the petitioners age at the time the offense was committed, the length of time between the offense and the request, the rehabilitation of the petitioner, [] the likelihood that the person will reoffend, and any . 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.

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