This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
Montana USLegal Pamphlet on Sentence Reduction
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US-PMPH-14
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FAQ
By statute, the date is one fourth of the sentence less jail credit for non-life sentences. This date is calculated by the Prison Records department. The information is given to the parole board and the offender.
Probation violations involving a suspended sentence may trigger the District Attorney to file a Motion to Revoke (MTR) the suspension. If the MTR is granted, the judge will remove the suspension and send the convicted person to jail or prison to complete the remainder of the sentence.
The Court of Appeal has the power to intervene to modify a sentence imposed in first instance when it is demonstrated that the sentence is demonstrably inappropriate or that the judge made an error in principle affecting the sentence.
Parole is a discretionary release of an offender from confinement after the offender has served part of the offender's sentence. Law sets the mandatory time served per sentence. The offender will continue under state supervision and custody and under set conditions until completion of the sentence of confinement.
In states with high degrees of indeterminacy, people typically serve some portion of their sentence in prison and, after discretionary parole release, they serve the remaining portion of that sentence under parole supervision.
Deferred adjudication. For first felony offenses and misdemeanors, a court may defer or suspend imposition of sentence from one to three years during which the offender will be on probation.
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
Federal inmates serve an average of 85% of their sentence, which means that they are required to serve a minimum of 85% of their sentence before becoming eligible for release.
