Supervised Relief

We review restrictions or conditions on a criminal sentence for both legality and abuse of discretion.

A court does not have the power to impose a sentence unless authorized by a specific grant of statutory authority. A sentencing judge is specifically authorized to impose on a suspended sentence various restrictions or conditions that the judge considered necessary to obtain the objectives of rehabilitation and the protection of the victim and society. Section 46-18-202(1), MCA. These include restrictions on the offender's freedom of association and freedom of movement, plus any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.

A sentencing judge's discretion under § 46-18-202(1), MCA, is broad, and our review is correspondingly deferential. As a general rule, we will affirm a restriction or condition imposed pursuant to this statutory authority so long as the restriction or condition has some correlation or connections-i.e., nexus-to the underlying offense or to the offender himself. At the same time, however, we have explained that a sentencing judge's discretion "is not without limit" and that deferential review does not mean "no review at all."  If the restriction or condition at issue is "overly broad or unduly punitive," or if the required nexus is "absent or exceedingly tenuous," we will reverse. State v. Melton, 2012 MT 84, ¶¶ 16-18, 364 Mont. 482, 276 P.3d 900.