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

Mont. Code Ann. § 46-18-208 (2026)

Termination Of Remaining Portion Of Deferred Or Suspended Sentence -- Motion

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Termination Of Remaining Portion Of Deferred Or Suspended Sentence -- Motion

46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor, the defendant, or the defendant's attorney may file a motion to terminate the time remaining on the sentence if:

(a) in the case of a deferred imposition of sentence, the defendant has served 2 years or one-half of the sentence, whichever is less, and has demonstrated compliance with supervision requirements; or

(b) in the case of a suspended sentence:

(i) the defendant has served 3 years or two-thirds of the time suspended, whichever is less; 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 motion must set forth the following:

(a) why the defendant meets the time limitations provided in subsection (1); and

(b) how the defendant has demonstrated compliance with supervision requirements.

(3) The motion must be served on the county attorney serving in the county of the presiding district court. The movant does not need to file an accompanying brief as otherwise required by Rule 2 of the Montana Uniform District Court Rules.

(4) The department of corrections shall make reasonable efforts to notify the victim if required by 46-24-212, and the county attorney shall make reasonable efforts to notify the victim. The victim must be provided the following information:

(a) a copy of the motion;

(b) written notice that:

(i) the victim may provide written input regarding the motion or may ask the county attorney to state the victim's position on the motion;

(ii) if a hearing is set, the date, time, and place of the hearing; and

(iii) the victim may appear and testify at any hearing held on the motion.

(5) The court may hold a hearing on its own motion and may consider a hearing request from the county attorney or defendant.

(6) If the court requires a hearing on the motion, the court may grant the motion 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; amd. Sec. 2, Ch. 391, L. 2017; amd. Sec. 1, Ch. 380, L. 2019.

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2016–2025 · leading case: State v. J. Harrison, 2016 MT 271, 383 P.3d 202.
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State v. J. Harrison, 2016 MT 271, 383 P.3d 202. · cites it 59× “According to the State, allowing Harrison to petition for an early termination of his lifetime prohibitions would render the sanctions meaningless because, “when a [d]istrict [c]ourt terminates the time remaining on a sentence pursuant to § 46-18-208, MCA, all of the conditions…”
State v. R. Brady, 2025 MT 105, 569 P.3d 195. · cites it 24× “3d 202 (recognizing § 46-18-208, MCA, as a “statutory right, enacted by the Legislature”).”
State v. J. Marsh, 2021 MT 23N. · cites it 4× “See § 46-18-208, MCA (2017) (providing that a parole officer may file a petition to terminate remaining time on sentence for a qualifying defendant serving a suspended sentence and that the remaining sentence is terminated 30 days after the petition is filed if the court does…”
K. Erickson v. State, 2018 MT 9. · cites it 2× “¶7 In April 2016, Erickson filed a motion to dismiss, citing § 46-18-208, MCA, which authorizes a sentencing court to “terminate the time remaining on the sentence” when the supervision requirements have been satisfied.”
State v. DiFulvio, 2022 MT 209N, 518 P.3d 481. · cites it 11× “On March 8, 2022, DiFulvio moved the District Court to terminate the remainder of her deferred sentence pursuant to § 46-18-208, MCA. In support of her motion, DiFulvio advised the District Court that she had met the requirements of § 46-18-208(a), MCA, in that she had served…”
State v. D. Baertsch, 2025 MT 143. · cites it 9× “Did the District Court impose an illegal sentencing condition restricting the Defendant’s right to seek early termination of his sentence? ¶37 Baertsch contends that the District Court illegally restricted his ability to seek early termination of his sentence under § 46-18-208,…”
State v. L. Lalicker, 2022 MT 54N. · cites it 4× “¶12 Lastly, Lalicker asserts the District Court imposed an illegal sentence as the District Court failed to fix a total financial obligation that is payable within Lalicker’s six-year deferred sentence and set a monthly payment amount rendering it impossible to satisfy the total…”
State v. C. Zielie, 2025 MT 90, 568 P.3d 516. · cites it 3× “Section 46-18-208(1)(b), MCA. But since that sequence of events never occurred here, we need not address it.”
State v. R. Sullivan, 2023 MT 53N, 526 P.3d 1094. · cites it 2× “2 In his reply brief, Sullivan also argues that a petition for early discharge does not qualify as an “official proceeding” under § 45-7-206(1)(b), MCA, because § 46-18-208, MCA (2017), makes a hearing optional for such a petition, while the jury instructions defined an…”
Mont. Code Ann. § 46-18-208(1): 2 cases
State v. J. Harrison, 2016 MT 271, 383 P.3d 202. “According to the State, allowing Harrison to petition for an early termination of his lifetime prohibitions would render the sanctions meaningless because, “when a [d]istrict [c]ourt terminates the time remaining on a sentence pursuant to § 46-18-208, MCA, all of the conditions…”
State v. R. Brady, 2025 MT 105, 569 P.3d 195. “3d 202 (recognizing § 46-18-208, MCA, as a “statutory right, enacted by the Legislature”).”
Mont. Code Ann. § 46-18-208(1)(a): 1 case
State v. R. Brady, 2025 MT 105, 569 P.3d 195. “3d 202 (recognizing § 46-18-208, MCA, as a “statutory right, enacted by the Legislature”).”
Mont. Code Ann. § 46-18-208(1)(b): 3 cases
State v. R. Brady, 2025 MT 105, 569 P.3d 195. “3d 202 (recognizing § 46-18-208, MCA, as a “statutory right, enacted by the Legislature”).”
State v. C. Zielie, 2025 MT 90, 568 P.3d 516. “Section 46-18-208(1)(b), MCA. But since that sequence of events never occurred here, we need not address it.”
State v. D. Baertsch, 2025 MT 143. “Did the District Court impose an illegal sentencing condition restricting the Defendant’s right to seek early termination of his sentence? ¶37 Baertsch contends that the District Court illegally restricted his ability to seek early termination of his sentence under § 46-18-208,…”
Mont. Code Ann. § 46-18-208(6)(a): 1 case
State v. DiFulvio, 2022 MT 209N, 518 P.3d 481. “On March 8, 2022, DiFulvio moved the District Court to terminate the remainder of her deferred sentence pursuant to § 46-18-208, MCA. In support of her motion, DiFulvio advised the District Court that she had met the requirements of § 46-18-208(a), MCA, in that she had served…”
Mont. Code Ann. § 46-18-208(6)(c): 1 case
State v. L. Lalicker, 2022 MT 54N. “¶12 Lastly, Lalicker asserts the District Court imposed an illegal sentence as the District Court failed to fix a total financial obligation that is payable within Lalicker’s six-year deferred sentence and set a monthly payment amount rendering it impossible to satisfy the total…”
Mont. Code Ann. § 46-18-208(a): 1 case
State v. DiFulvio, 2022 MT 209N, 518 P.3d 481. “On March 8, 2022, DiFulvio moved the District Court to terminate the remainder of her deferred sentence pursuant to § 46-18-208, MCA. In support of her motion, DiFulvio advised the District Court that she had met the requirements of § 46-18-208(a), MCA, in that she had served…”
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