# Mont. Code Ann. § 46-18-208: 46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C18_P2_S46-18-208 ## Section - **Citation:** Mont. Code Ann. § 46-18-208 - **Heading:** 46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion - **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 46-18-208 ## Text 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. ## 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_S46-18-208. Check the current official text before relying on it. Not legal advice.