Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 2. Form of Sentence
Montana Code Annotated

Mont. Code Ann. § 46-18-206 (2026)

Sexual Offenders -- Electronic Monitoring As Additional Condition Of Sentence

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-206 Sexual offenders -- electronic monitoring as additional condition of sentence

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Sexual Offenders -- Electronic Monitoring As Additional Condition Of Sentence

46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence. Upon sentencing a person for conviction of a sexual offense under Title 45, chapter 5, part 5, who is designated as a level 3 offender under 46-23-509, the sentencing judge shall, as a condition of probation, parole, conditional release, or deferment or suspension of sentence, require the offender to participate in the program for the continuous satellite-based monitoring of sexual offenders established under 46-23-1010.

History: En. Sec. 1, Ch. 360, L. 2005.

Notes of Decisions
Cited in 7 cases, 2008–2019 · leading case: State v. Holt, 2011 MT 42 (Mont. 2011).
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State v. Holt, 2011 MT 42 (Mont. 2011). · cites it 6× “" Section 46-18-206, MCA (emphasis added). If a victim has sustained pecuniary loss, the judge "shall, as part of the sentence, require [the] offender to make full restitution," which is to be "a condition of any probation or parole.”
State v. Grady, 831 S.E.2d 542 (N.C. 2019). · cites it 2× “A “sexually violent predator” is a person who “has been convicted of a sexually violent offense,” such as rape or incest, and “who suffers from a mental abnormality or personality disorder,” as determined by a board of experts, that makes the person likely to purposely foster…”
State v. Burch, 2008 MT 118 (Mont. 2008). · cites it 3× “For instance, § 46-18-206, MCA, gives sentencing judges statutory authority to require sexual offenders to participate in a program of continuous satellite monitoring as a condition of their parole, with participation monitored by the Board as described in § 46-23-1010, MCA.”
State v. Brotherton, 2008 MT 119 (Mont. 2008). · cites it 3× “§ 46-18-206, MCA. With such conditions, there is no exercise of discretion by the sentencing court and our review, accordingly, is for legality only.”
Randy Dennison v. State, 2008 MT 344 (Mont. 2008). · cites it 2× “¶13 We begin by noting that § 46-18-206, MCA, relates to electronic monitoring of sexual offenders and has no application here.”
State v. Kampf, 2008 MT 198 (Mont. 2008). “§§ 46-18-206 and -255, MCA. We held that, other than the limited and expressly authorized instances, sentencing courts do not have a residual or inherent authority under Title 46, Chapter 18, Part 2 of the MCA to generally impose parole conditions.”
State v. Andrew Brotherton, 2008 MT 119 (Mont. 2008). · cites it 3× “§ 46-18-206, MCA. With such conditions, there is no exercise of discretion by the sentencing court and our review, accordingly, is for legality only.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.