Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 9. DANGEROUS DRUGS · Part 2. Procedural Provisions
Montana Code Annotated

Mont. Code Ann. § 45-9-202 (2026)

Alternative Sentencing Authority

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 9
  4. Part 2
  5. 45-9-202 Alternative sentencing authority

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 2. Procedural Provisions

Alternative Sentencing Authority

45-9-202. Alternative sentencing authority. (1) A person convicted of a dangerous drug felony offense under this chapter may, in lieu of imprisonment, be sentenced according to the alternatives provided in subsection (2).

(2) If the court determines, either from the face of the record or from a presentence investigation and report, that incarceration of the defendant is not appropriate, the court may, as a condition of a suspended or deferred sentence, impose one or more of the following alternatives:

(a) imposition of a fine not to exceed the maximum amount provided by statute for those offenses that specify a fine as part of the penalty or $1,000 for those offenses that do not specify a fine;

(b) commitment to a residential drug treatment facility licensed and approved by the state for rehabilitative treatment for not less than the minimum recommended time determined necessary by the facility and not more than 1 year;

(c) mandatory service of not more than 2,000 hours in a community-based drug treatment or drug education program with compliance to be monitored by the probation and parole bureau of the department of corrections based upon information provided by the treatment or education program;

(d) if recommended by the probation and parole bureau, placement in a program of intensive probation that requires, at a minimum, that the defendant comply with all of the following conditions:

(i) maintain employment or full-time student status at an approved school, making progress satisfactory to the probation officer, or be involved in supervised job searches and community service work designated by the probation officer;

(ii) pay probation supervision fees through the department of corrections of not less than $50 a month to be deposited in the account established in 46-23-1031;

(iii) find a place to reside approved by the probation officer that may not be changed without the officer's approval;

(iv) remain at the residence at all times except to go to work, to attend school, or to perform community service or as otherwise specifically allowed by the probation officer;

(v) remain drug free and submit to drug and alcohol tests administered randomly not less than once each month by or under supervision of the probation officer;

(vi) perform not less than 10 hours of community service each month as approved by the probation officer, except that full-time students may be exempted or required to perform fewer hours of community service;

(vii) enroll or make satisfactory effort to seek enrollment in an approved drug rehabilitation program; and

(viii) comply with any other conditions imposed by the court to meet the needs of the community and the defendant;

(e) suspension or revocation of the defendant's driver's license issued under Title 61, chapter 5, subject to the following terms and conditions:

(i) upon the first conviction of an offense under this chapter, the driver's license must be suspended for 6 months;

(ii) upon the second conviction, the driver's license must be revoked for 1 year;

(iii) upon a third or subsequent conviction, the driver's license must be revoked for 3 years.

History: En. Sec. 9, Ch. 314, L. 1969; amd. Sec. 5, Ch. 359, L. 1977; R.C.M. 1947, 54-137; amd. Sec. 7, Ch. 451, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 802, L. 1991; amd. Sec. 202, Ch. 546, L. 1995; amd. Sec. 1, Ch. 473, L. 2005.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1992–2023 · leading case: State v. Brendal, 2009 MT 236 (Mont. 2009).
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State v. Brendal, 2009 MT 236 (Mont. 2009). · cites it 30× “Brendal maintains that the District Court was proceeding under a mistake of law when it imposed this sentence, and that it should have considered sentencing her to a drug treatment program pursuant to its authority under the alternative sentencing authority (ASA) statute, §…”
State v. Larsen, 425 P.3d 694 (Mont. 2018). · cites it 10× “Larsen argues that *699 trial counsel's error prejudiced him, because the District Court repeatedly expressed its frustration with sentencing Larsen to ten years in prison with no suspension or deferment under the PFO statute and there is "a reasonable probability that, but for…”
State v. M. Hinshaw, 2018 MT 49 (Mont. 2018). · cites it 10× “The State argues Hinshaw waived his right to argue about alternative sentencing under § 45-9-202, MCA, as he did not raise this issue at the district court level.”
State v. Weisweaver, 2010 MT 198 (Mont. 2010). · cites it 6× “His attorney urged the District Court in filed arguments and at sentencing that Weisweaver was a non-violent offender and addict who should be sentenced in lieu of imprisonment to a treatment program under the alternative sentencing provisions of § 45-9-202, MCA. The State urged…”
State v. Hanners, 839 P.2d 1267 (Mont. 1992). · cites it 4× “While § 45-9-202(2)(d), MCA (1991), now effective, does allow the sentencing authority to designate at the time of sentencing the ISP program with provisions, such authority did not grant the District Court jurisdiction to modify a previously rendered sentence.”
State v. Walter, 431 P.3d 22 (Mont. 2018). · cites it 6× “DISCUSSION ¶11 Was Walter prejudiced by ineffective assistance of counsel? ¶12 On appeal, Walter argues that his defense counsel's failure to cite to § 45-9-202, MCA, and its application in State v.”
Commonwealth v. Laltaprasad, 60 N.E.3d 326 (Mass. 2016). “046 (2016); Mont. Code Ann. § 45-9-202 (2015); N.J. Stat.”
State v. M. Wright, 2021 MT 239 (Mont. 2021). · cites it 12× “¶2 We address the following restated issue on appeal: Whether Wright received ineffective assistance of counsel when her counsel, while arguing for a deferred sentence, failed to inform the District Court of its authority to impose an alternative sentence under § 45-9-202, MCA.…”
State v. Peone, 2014 MT 124N (Mont. 2014). · cites it 4× “The State also argues that the sentencing alternatives set forth in § 45-9-202, MCA, control over § 46-18-201(4)(h), MCA, and that “commitment to a residential drug treatment facility” under § 45-9-202(2)(b), MCA, does not apply here because the District Court determined that…”
State v. Couture, 2011 MT 157N (Mont. 2011). · cites it 2× “¶27 This Court stated in Brendal that “the PFO statutes do not preclude a district court from providing an alternative sentence under the ASA statute for an individual convicted 7 of a drug-related offense in Title 45, chapter 9, provided the required criteria to impose an…”
State v. S. Clifton, 2023 MT 206N (Mont. 2023). “Additionally, §§ 45-9-202 and 46-18-225, MCA, do not preclude a court from sentencing a nonviolent felony offender to prison.”
Mont. Code Ann. § 45-9-202(1): 3 cases
State v. Brendal, 2009 MT 236 (Mont. 2009). “Brendal maintains that the District Court was proceeding under a mistake of law when it imposed this sentence, and that it should have considered sentencing her to a drug treatment program pursuant to its authority under the alternative sentencing authority (ASA) statute, §…”
State v. Larsen, 425 P.3d 694 (Mont. 2018). “Larsen argues that *699 trial counsel's error prejudiced him, because the District Court repeatedly expressed its frustration with sentencing Larsen to ten years in prison with no suspension or deferment under the PFO statute and there is "a reasonable probability that, but for…”
State v. M. Wright, 2021 MT 239 (Mont. 2021). “¶2 We address the following restated issue on appeal: Whether Wright received ineffective assistance of counsel when her counsel, while arguing for a deferred sentence, failed to inform the District Court of its authority to impose an alternative sentence under § 45-9-202, MCA.…”
Mont. Code Ann. § 45-9-202(2): 4 cases
State v. Brendal, 2009 MT 236 (Mont. 2009). “Brendal maintains that the District Court was proceeding under a mistake of law when it imposed this sentence, and that it should have considered sentencing her to a drug treatment program pursuant to its authority under the alternative sentencing authority (ASA) statute, §…”
State v. Larsen, 425 P.3d 694 (Mont. 2018). “Larsen argues that *699 trial counsel's error prejudiced him, because the District Court repeatedly expressed its frustration with sentencing Larsen to ten years in prison with no suspension or deferment under the PFO statute and there is "a reasonable probability that, but for…”
State v. M. Hinshaw, 2018 MT 49 (Mont. 2018). “The State argues Hinshaw waived his right to argue about alternative sentencing under § 45-9-202, MCA, as he did not raise this issue at the district court level.”
State v. M. Wright, 2021 MT 239 (Mont. 2021). “¶2 We address the following restated issue on appeal: Whether Wright received ineffective assistance of counsel when her counsel, while arguing for a deferred sentence, failed to inform the District Court of its authority to impose an alternative sentence under § 45-9-202, MCA.…”
Mont. Code Ann. § 45-9-202(2)(b): 1 case
State v. Peone, 2014 MT 124N (Mont. 2014). “The State also argues that the sentencing alternatives set forth in § 45-9-202, MCA, control over § 46-18-201(4)(h), MCA, and that “commitment to a residential drug treatment facility” under § 45-9-202(2)(b), MCA, does not apply here because the District Court determined that…”
Mont. Code Ann. § 45-9-202(2)(d): 1 case
State v. Hanners, 839 P.2d 1267 (Mont. 1992). “While § 45-9-202(2)(d), MCA (1991), now effective, does allow the sentencing authority to designate at the time of sentencing the ISP program with provisions, such authority did not grant the District Court jurisdiction to modify a previously rendered sentence.”
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