Montana Code Annotated
Part 3. Disposition of Defendant
46-14-304. Revocation of conditional release

46-14-304. Revocation of conditional release. (1) The court may order revocation of a person's conditional release if the court determines after hearing evidence that:
(a) the conditions of release have not been fulfilled; and
(b) based on the violations of the conditions and the person's past mental health history, there is a substantial likelihood that the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:
(i) serious bodily injury or death to the person or others;
(ii) an imminent threat of physical injury to the person or others; or
(iii) substantial property damage.
(2) The court may retain jurisdiction to revoke a conditional release for no longer than 5 years.
(3) If the court finds that the conditional release should be revoked, the court shall immediately order the person to be recommitted to the custody of the director of the department of public health and human services, subject to discharge or release only in accordance with the procedures provided in 46-14-302 and 46-14-303.
History: En. 95-508 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 210, L. 1973; amd. Sec. 91, Ch. 120, L. 1974; R.C.M. 1947, 95-508(4); amd. Sec. 16, Ch. 116, L. 1979; amd. Sec. 7, Ch. 361, L. 1983; amd. Sec. 164, Ch. 800, L. 1991; amd. Sec. 5, Ch. 397, L. 1993; amd. Sec. 209, Ch. 546, L. 1995; amd. Sec. 20, Ch. 161, L. 2015.

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