# Mont. Code Ann. § 46-18-207: 46-18-207 Sexual offender treatment > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-207 ## Section - **Citation:** Mont. Code Ann. § 46-18-207 - **Heading:** 46-18-207 Sexual offender treatment - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-207 ## Text 46-18-207 . Sexual offender treatment. (1) Upon sentencing a person convicted of a sexual offense, as defined in 46-23-502 , the court shall designate the offender as a level 1, 2, or 3 offender pursuant to 46-23-509 . (2) (a) Except as provided in subsection (2)(b), the court shall order an offender convicted of a sexual offense, as defined in 46-23-502 , except an offense under 45-5-301 through 45-5-303 , and sentenced to imprisonment in a state prison to: (i) enroll in and successfully complete the educational phase of the prison's sexual offender treatment program; (ii) if the person has been or will be designated as a level 3 offender pursuant to 46-23-509 , enroll in and successfully complete the cognitive and behavioral phase of the prison's sexual offender treatment program; and (iii) if the person is sentenced pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 and is released on parole, remain in an outpatient sexual offender treatment program for the remainder of the person's life. (b) A person who has been sentenced to life imprisonment without possibility of release may not participate in treatment provided pursuant to this section. (3) A person who has been ordered to enroll in and successfully complete a phase of a state prison's sexual offender treatment program is not eligible for parole unless that phase of the program has been successfully completed as certified by a sexual offender evaluator to the board of pardons and parole. (4) (a) Except for an offender sentenced pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 , during an offender's term of commitment to the department of corrections or a state prison, the department may place the person in a residential sexual offender treatment program approved by the department under 53-1-203 . (b) If the person successfully completes a residential sexual offender treatment program approved by the department of corrections, the remainder of the term must be served on probation unless the department petitions the sentencing court to amend the original sentencing judgment. (5) If, following a conviction for a sexual offense as defined in 46-23-502 , any portion of a person's sentence is suspended, during the suspended portion of the sentence the person: (a) shall abide by the standard conditions of probation established by the department of corrections; (b) shall pay the costs of imprisonment, probation, and any sexual offender treatment if the person is financially able to pay those costs; (c) may have no contact with the victim or the victim's immediate family unless approved by the victim or the victim's parent or guardian, the person's therapists, and the person's probation officer; (d) shall comply with all requirements and conditions of sexual offender treatment as directed by the person's sex offender therapist; (e) may not enter an establishment where alcoholic beverages are sold for consumption on the premises or where gambling takes place; (f) may not consume alcoholic beverages; (g) shall enter and remain in an aftercare program as directed by the person's probation officer; (h) shall submit to random or routine drug and alcohol testing; (i) may not possess pornographic material or access pornography through the internet; and (j) at the discretion of the probation and parole officer, may be subject to electronic monitoring or continuous satellite monitoring. (6) The sentencing of a sexual offender is subject to 46-18-202 (2) and 46-18-219 . (7) The sentencing court may, upon petition by the department of corrections, modify a sentence of a sexual offender to impose any part of a sentence that was previously suspended. ## Nearby sections - [Mont. Code Ann. § 46-18-201 46-18-201 Sentences that may be imposed](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-201.md) - [Mont. Code Ann. § 46-18-202 46-18-202 Additional restrictions on sentence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-202.md) - [Mont. Code Ann. § 46-18-203 46-18-203 Revocation of suspended or deferred sentence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-203.md) - [Mont. Code Ann. § 46-18-204 46-18-204 Dismissal after deferred imposition](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-204.md) - [Mont. Code Ann. § 46-18-205 46-18-205 Mandatory minimum sentences -- restrictions on deferral or suspension](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-205.md) - [Mont. Code Ann. § 46-18-206 46-18-206 Sexual offenders -- electronic monitoring as additional condition of sentence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-206.md) - [Mont. Code Ann. § 46-18-207 46-18-207 Sexual offender treatment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-207.md) - [Mont. Code Ann. § 46-18-208 46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-208.md) - [Mont. Code Ann. § 46-18-211 46-18-211 When no place of imprisonment is specified](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-211.md) - [Mont. Code Ann. § 46-18-212 46-18-212 When no penalty is specified](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-212.md) - [Mont. Code Ann. § 46-18-213 46-18-213 When no penalty is specified -- felony](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-213.md) - [Mont. Code Ann. § 46-18-219 46-18-219 Life sentence without possibility of release](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-219.md) - [Mont. Code Ann. § 46-18-220 46-18-220 Sentences for certain offenses committed in official detention -- death penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-220.md) - [Mont. Code Ann. § 46-18-221 46-18-221 Additional sentence for offenses committed with dangerous weapon](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-221.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-207. Check the current official text before relying on it. Not legal advice.