2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 18. SENTENCE AND JUDGMENT
Part 2. Form of Sentence
46-18-208. Termination of remaining portion of deferred or suspended sentence -- petition.

     46-18-208. Termination of remaining portion of deferred or suspended sentence -- petition. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on the sentence if:
     (a) in the case of a deferred imposition of sentence, the defendant has served one-half of the sentence and has demonstrated compliance with supervision requirements; or
     (b) in the case of a suspended sentence:
     (i) the defendant has served two-thirds of the time suspended; and
     (ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.
     (2) The court may hold a hearing on the petition on its own motion or upon request of the prosecutor or the defendant.
     (3) The court may grant the petition if it finds that:
     (a) termination of the remainder of the sentence is in the best interests of the defendant and society;
     (b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and
     (c) the defendant has paid all restitution and court-ordered financial obligations in full.

     History: En. Sec. 1, Ch. 515, L. 2007.