Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 18. SENTENCE AND JUDGMENT Part 2. Form of Sentence
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173 46-18-201 77 46-18-202 154 46-18-203 10 46-18-204 4 46-18-205 3 46-18-206 11 46-18-207 10 46-18-208 1 46-18-211 46-18-212 1 46-18-213 3 46-18-219 1 46-18-220 21 46-18-221 32 46-18-222 5 46-18-223 46-18-224 16 46-18-225 46-18-226 46-18-230 33 46-18-231 42 46-18-232 1 46-18-233 5 46-18-234 2 46-18-235 24 46-18-236 3 46-18-237 51 46-18-241 30 46-18-242 59 46-18-243 27 46-18-244 2 46-18-245 21 46-18-246 5 46-18-247 1 46-18-248 8 46-18-249 2 46-18-250 3 46-18-251 7 46-18-255 1 46-18-256 46-18-261

Mont. Code Ann. § 46-18-202

(2021)

Additional restrictions on sentence

(1) The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:

(a) prohibition of the offender's holding public office;

(b) prohibition of the offender's owning or carrying a dangerous weapon;

(c) restrictions on the offender's freedom of association;

(d) restrictions on the offender's freedom of movement;

(e) a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;

(f) a requirement that the offender surrender any registry identification card issued under 16-12-503 or license issued under 16-12-203;

(g) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.

(2) Whenever the sentencing judge imposes a sentence of imprisonment in a state prison for a term exceeding 1 year, the sentencing judge may also impose the restriction that the offender is ineligible for parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the sentencing judge shall state the reasons for it in writing. If the sentencing judge finds that the restriction is necessary for the protection of society, the judge shall impose the restriction as part of the sentence and the judgment must contain a statement of the reasons for the restriction.

(3) If a sentencing judge requires an offender to surrender a registry identification card issued under 16-12-503 or license issued under 16-12-203, the court shall return the card or license to the department of revenue and provide the department with information on the offender's sentence. The department shall revoke the card for the duration of the sentence and shall return the card if the offender successfully completes the terms of the sentence before the expiration date listed on the card.

Opinions construing this section

77 opinions
2026 MT 204N Aug 25, 2026 Reversed
State v. M. Partridge
Majority by Ingrid Gustafson · 7 to 0
that the Lenihan1 exception does not apply because the sentence imposed was within statutory limits. The State contends the District Court had authority under § 46-18-202(2), MCA, to impose a parole restriction of any length up to the full term of imprisonment, making the sentence facially legal even if the court cited the wrong version
2025 MT 142 Jul 8, 2025 Reversed
State v. D. Schultz
Majority by Laurie McKinnon · 4 to 2 with 1 concurring
W]e may not ‘insert The court’s written judgment purports to impose the 25-year parole restriction pursuant to the court’s discretionary authority under § 46-18-202(2), MCA. However, the oral pronouncement of sentence made clear the court was imposing it pursuant to § 45-5-625(4)(a), MCA. When the oral pronouncement of sentence a
2025 MT 142 Jul 8, 2025 Reversed
State v. D. Schultz
Concurring by Cory J. Swanson · 4 to 2 with 1 concurring
ict Court has authority to impose its own discretionary parole restriction based upon appropriate sentencing factors and the totality of the circumstances. See § 46-18-202(2), MCA; see also State v. Lee, 2025 MT 30, ¶ 13, 420 Mont. 335, 563 P.3d 731 (affirming sentence as legal where district court imposed a discretionary parole restric
2025 MT 105 May 20, 2025 Reversed
State v. R. Brady
Majority by Katherine M Bidegaray · 4 to 2
hat sentence upon certain time served and compliance with supervision conditions. To the extent any conflict exists between limitations a court may 7 Compare § 46-18-202(2), MCA, which expressly authorizes a sentencing court to restrict a defendant’s eligibility for parole or supervised release when sentencing him to a prison term of
2025 MT 30 Feb 11, 2025 Affirmed
State v. G. Lee
Majority by Cory J. Swanson · 7 to 0
t sentenced Lee to 100 years at the Montana State Prison, with 65 years suspended, and imposed a 25-year parole restriction pursuant to §§ 45-5-625(2)(a), and 46-18-202(2), MCA. We affirm. ¶2 We restate the issues on appeal as follows: Issue One: Whether Lee’s constitutional or statutory arguments concerning a mandatory 25-year pa
Official Annotations archive.org, 2021 edition
History:
En. 95-2206 by Sec. 1, Ch. 196, L. 1967
Rep. and re-en. by Sec. 31, Ch. 513, L. 1973
Amd. Sec. 36, Ch. 184, L. 1977
Amd. Sec. 1, Ch. 436, L. 1977
Amd. Sec. 1, Ch. 580, L. 1977
Amd. Sec. 12, Ch. 584, L. 1977
R.C.M. 1947, 95-2206(3)
Amd. Sec. 22, Ch. 116, L. 1979
Amd. Sec. 10, Ch. 583, L. 1981
Amd. Sec. 2, Ch. 392, L. 1987
Amd. Sec. 44, Ch. 262, L. 1993
Amd. Sec. 11, Ch. 125, L. 1995
Amd. Sec. 17, Ch. 350, L. 1995
Amd. Sec. 6, Ch. 550, L. 1995
Amd. Sec. 4, Ch. 52, L. 1999 (HB 48 - McGee, Dan (R) HD 21)
Amd. Sec. 5, Ch. 147, L. 1999 (SB 112 - Franklin, Eve (D) SD 21)
Amd. Sec. 2, Ch. 22, Sp. L. August 2002
Amd. Sec. 14, Ch. 483, L. 2007 (SB 547 - Perry, Gary (R) SD 35)
Amd. Sec. 29, Ch. 419, L. 2011 (SB 423 - Essmann, Jeff (R) SD 28)
Amd. Sec. 2, I.M. No. 182, approved Nov. 8, 2016
Amd. Sec. 77, Ch. 576, L. 2021 (HB 701 - Hopkins, Mike (R) HD 92)
Source text on leg.mt.gov