Mont. Code Ann. § 46-8-104 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-104
46-8-104 Assignment of counsel after trial -- definition
Status: in_force

46-8-104 . Assignment of counsel after trial -- definition. (1) Any court of record may order the office of state public defender, provided for in 2-15-1029 , to assign counsel, subject to the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent any petitioner or appellant in any postconviction action or proceeding brought under Title 46, chapter 21, if the petitioner or appellant is eligible for the appointment of counsel and:

(a) the district court determines that a hearing on the petition is required pursuant to 46-21-201 ;

(b) the office of state public defender requests appointment of a public defender and demonstrates good cause for the appointment;

(c) a statute specifically mandates the appointment of counsel;

(d) the petitioner or appellant is clearly entitled to counsel under either the United States or Montana constitution; or

(e) extraordinary circumstances exist that require the appointment of counsel to prevent a miscarriage of justice.

(2) An appointment of counsel made in the interests of justice, as provided in 46-21-201 (2), may be made only when extraordinary circumstances exist.

(3) As used in this section, "extraordinary circumstances" includes those in which the petitioner or appellant does not have access to legal materials or has a physical or mental condition or limitation that prevents the petitioner or appellant from reading or writing in English.
Mont. Code Ann. § 46-5-118 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-118
46-5-118 Preservation and disclosure of records by law enforcement agency
Status: in_force

46-5-118 . Preservation and disclosure of records by law enforcement agency. (1) Except as provided in subsection (2), captured license plate data obtained by an automatic license plate reader system that is operated by or on behalf of a law enforcement agency for law enforcement purposes pursuant to 46-5-117 (2)(d) may not be preserved for more than 90 days after the date that the data is captured.

(2) Data obtained by an automatic license plate reader may be preserved for more than 90 days pursuant to any of the following:

(a) a preservation request submitted pursuant to subsection (3);

(b) a search warrant issued pursuant to 46-5-220 ; or

(c) a federal search warrant issued in compliance with the Federal Rules of Civil Procedure.

(3) Upon the request of a law enforcement agency, the custodian of captured license plate data shall take all necessary steps to immediately preserve captured license plate data in its possession. A requesting agency must specify in a sworn written statement:

(a) the location of the particular camera or cameras for which captured license plate data must be preserved;

(b) the particular license plate for which captured license plate data must be preserved;

(c) the date or dates and timeframes for which captured license plate data must be preserved;

(d) specific and articulable facts showing that there are reasonable grounds to believe that the captured license plate data is relevant and material to an ongoing criminal or missing persons investigation or is needed to prove a violation of a motor carrier safety regulation; and

(e) the case and the identity of the parties involved in the case.

(4) One year from the date of the initial preservation request, the captured license plate data obtained by an automatic license plate reader system must be destroyed according to the custodian's record or data retention policy, unless the custodian receives another preservation request within the 1-year period. If the custodian receives another preservation request, the 1-year retention period resets based on the date of the second request.

(5) License plate data captured in accordance with 46-5-117 is a public record but is protected from disclosure under the provisions of Title 2, chapter 6, parts 10 through 12, except to the person to whom the license plate is registered.

(6) Nothing in this section may be construed as requiring the disclosure of captured license plate data if a law enforcement agency determines that disclosure of that data will compromise an ongoing investigation.

(7) Captured license plate data gathered by law enforcement may not be sold for any purpose except as provided in 46-5-117 .
Mont. Code Ann. § 46-11-401 — MT Code / Title 46 / Chapter 11 / Part 4 / Section 46-11-401
46-11-401 Form of charge
Status: in_force

46-11-401 . Form of charge. (1) The charge must be in writing and in the name of the state or the appropriate county or municipality and must specify the court in which the charge is filed. The charge must be a plain, concise, and definite statement of the offense charged, including the name of the offense, whether the offense is a misdemeanor or felony, the name of the person charged, and the time and place of the offense as definitely as can be determined. The charge must state for each count the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.

(2) If the charge is by information or indictment, it must include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.

(3) If the charge is by complaint, it must be signed by a sworn peace officer, under oath by a person having knowledge of the facts, or by the prosecutor.

(4) If the charge is by information, it must be signed by the prosecutor. If the charge is by indictment, it must be signed by the lead juror of the grand jury.

(5) The court, on motion of the defendant, may strike surplusage from an indictment or information.

(6) A charge may not be dismissed because of a formal defect that does not tend to prejudice a substantial right of the defendant.
Mont. Code Ann. § 46-16-115 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-115
46-16-115 Challenges for cause
Status: in_force

46-16-115 . Challenges for cause. (1) Each party may challenge jurors for cause, and each challenge must be tried by the court.

(2) A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines:

(a) having consanguinity or relationship to the defendant or to the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;

(b) standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, or debtor and creditor with or being a member of the family or in the employment of the defendant or the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;

(c) being a party adverse to the defendant in a civil action or having complained against or been accused by the defendant in a criminal prosecution;

(d) having served on the grand jury that found the indictment or on a coroner's jury that inquired into the death of a person whose death is the subject of the indictment or information;

(e) having served on a trial jury that tried another person for the offense charged or a related offense;

(f) having been a member of a jury formerly sworn to try the same charge, the verdict of which was set aside or which was discharged without verdict after the case was submitted to it;

(g) having served as a juror in a civil action brought against the defendant for the act charged as an offense;

(h) if the offense charged is punishable with death, having any conscientious opinions concerning the punishment as would preclude finding the defendant guilty, in which case the person must neither be permitted nor compelled to serve as a juror;

(i) having a belief that the punishment fixed by law is too severe for the offense charged; or

(j) having a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with entire impartiality and without prejudice to the substantial rights of either party.

(3) An excuse from service on a jury is not a cause of challenge but the privilege of the person excused.
Mont. Code Ann. § 46-23-208 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-208
46-23-208 Nonmedical parole criteria -- information board may consider
Status: in_force

46-23-208 . Nonmedical parole criteria -- information board may consider. (1) The board may release an eligible prisoner on nonmedical parole only when:

(a) there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community;

(b) release is in the best interests of society;

(c) the prisoner is able and willing to fulfill the obligations of a law-abiding citizen; and

(d) the prisoner does not require:

(i) continued correctional treatment that cannot be found in the community; or

(ii) other programs available only in a correctional facility that will substantially enhance the prisoner's capability to lead a law-abiding life if released, including mental health therapy or vocational training.

(2) Parole may not be ordered as an award of clemency or a reduction of sentence or pardon.

(3) For a prisoner sentenced to be committed to the custody of the director of the department of public health and human services as provided in 46-14-312 :

(a) the board may require as a condition of parole participation in a supervised mental health treatment program, if consistent with mental health services recommendations provided by a mental health professional, as that term is defined in 53-21-102 , to ensure that the prisoner continues to treat the prisoner's mental disorder; and

(b) parole may be revoked if a prisoner fails to comply with the terms of a supervised mental health treatment program described in subsection (3)(a), in which case the prisoner must be recommitted to the custody of the director of the department of public health and human services pursuant to 46-14-312 .

(4) In making its determination regarding nonmedical parole release, a hearing panel shall consider all available and pertinent information regarding the prisoner, including the following factors:

(a) the circumstances of the offense;

(b) the prisoner's social history and prior criminal record, including the nature and circumstances of the offense, date of offense, and frequency of previous offenses;

(c) the prisoner's conduct, employment, and attitude in prison, including particularly whether the prisoner has taken advantage of opportunities for treatment and whether the prisoner is clear of major disciplinary violations prior to the hearing;

(d) the reports of any physical, psychological, and mental evaluations that have been made;

(e) the prisoner's maturity, stability, sense of responsibility, and development of traits and behaviors that increase the likelihood the prisoner will conform the prisoner's behavior to the requirements of law;

(f) the adequacy of the prisoner's release plan;

(g) the prisoner's ability and readiness to assume obligations and undertake responsibilities;

(h) the prisoner's education and training;

(i) the prisoner's family status and whether the prisoner has relatives who display an interest or whether the prisoner has other close and constructive associations in the community;

(j) the prisoner's employment history and occupational skills and the stability of the prisoner's past employment;

(k) the type of residence, neighborhood, or community in which the prisoner plans to live;

(l) the prisoner's past use of chemicals, including alcohol, and past habitual or abusive use of chemicals;

(m) the prisoner's mental health needs;

(n) the prisoner's attitude toward law and authority;

(o) the prisoner's behavior and attitude during any previous experience of supervision and the recency of the supervision;

(p) written or oral statements from criminal justice authorities or any other interested person or the interested person's legal representative, including written or oral statements from a victim regarding the effects of the crime on the victim. A victim's statement may also include but is not limited to the circumstances surrounding the crime, the manner in which the crime was committed, and the victim's opinion as to whether the offender should be paroled.

(q) whether parole at this time would diminish the seriousness of the offense; and

(r) any and all other factors that the hearing panel determines to be relevant.

(5) A victim's statement may be kept confidential.
Mont. Code Ann. § 46-32-108 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-108
46-32-108 Terminated
Status: in_force

46-32-108 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-14-312 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-312
46-14-312 Sentence to be imposed
Status: in_force

46-14-312 . Sentence to be imposed. (1) If the court finds that the defendant at the time of the commission of the offense of which the defendant was convicted did not suffer from a mental disease or disorder as described in 46-14-311 , the court shall sentence the defendant as provided in Title 46, chapter 18.

(2) If the court finds that the defendant at the time of the commission of the offense suffered from a mental disease or disorder or developmental disability as described in 46-14-311 , any mandatory minimum sentence prescribed by law for the offense need not apply. The court shall sentence the defendant to be committed to the custody of the director of the department of public health and human services to be placed, after consideration of the recommendations of the professionals providing treatment to the defendant and recommendations of the professionals who have evaluated the defendant, in an appropriate correctional facility, mental health facility, as defined in 53-21-102 , residential facility, as defined in 53-20-102 , or developmental disabilities facility, as defined in 53-20-202 , for custody, care, and treatment for a definite period of time not to exceed the maximum term of imprisonment that could be imposed under subsection (1). The director may, after considering the recommendations of the professionals providing treatment to the defendant and recommendations of the professionals who have evaluated the defendant, subsequently transfer the defendant to another correctional, mental health, residential, or developmental disabilities facility that will better serve the defendant's custody, care, and treatment needs. The authority of the court with regard to sentencing is the same as authorized in Title 46, chapter 18, if the treatment of the individual and the protection of the public are provided for.

(3) Either the director or a defendant whose sentence has been imposed under subsection (2) may petition the sentencing court for review of the sentence if the professional person certifies that:

(a) the defendant no longer suffers from a mental disease or disorder;

(b) the defendant's mental disease or disorder no longer renders the defendant unable to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law;

(c) the defendant suffers from a mental disease or disorder or developmental disability but is not a danger to the defendant or others; or

(d) the defendant suffers from a mental disease or disorder that makes the defendant a danger to the defendant or others, but:

(i) there is no treatment available for the mental disease or disorder;

(ii) the defendant refuses to cooperate with treatment; or

(iii) the defendant will no longer benefit from active inpatient treatment for the mental disease or disorder.

(4) The sentencing court may make any order not inconsistent with its original sentencing authority, except that the length of confinement or supervision must be equal to that of the original sentence. The professional person shall review the defendant's status each year.
Mont. Code Ann. § 46-14-202 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-202
46-14-202 Examination of defendant -- commitment procedures for examination of fitness -- expenses
Status: in_force

46-14-202 . Examination of defendant -- commitment procedures for examination of fitness -- expenses. (1) If the issue of a defendant's fitness to proceed is raised by the court, the prosecution, or the defendant, or if the defense counsel files a written motion requesting an examination of the defendant, the court shall appoint at least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine and report upon the defendant's mental condition.

(2) (a) Except as provided in subsection (6), a court may order the defendant to be committed to a hospital, another suitable facility, or the Montana state hospital for the purpose of the examination for a period not exceeding 60 days or a longer period that the court determines to be necessary for the purpose and may direct that a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse retained by the defendant be permitted to witness and participate in the examination.

(b) On commitment to the Montana state hospital, the superintendent of the hospital shall designate at least one qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse, who may be or may include the superintendent, to report on the defendant's mental condition.

(3) Except as provided in 46-14-206 (2), a court ordering an examination of a defendant under this section may not require that a report of examination include:

(a) an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; or

(b) an opinion as to the capacity of the defendant, because of a mental disease or disorder or development disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirement of the law.

(4) In the examination, any method may be employed that is accepted by the medical or psychological profession for the examination of those alleged to be suffering from mental disease or disorder.

(5) (a) The costs incurred for an examination ordered under subsection (2) must be paid as follows:

(i) if the issue of the defendant's fitness to proceed was raised by the court or the examination was requested by the prosecution, the cost of the examination and other associated expenses must be paid by the court or, in district court proceedings, by the office of court administrator, except as provided in subsection (5)(a)(iv);

(ii) if the examination was requested by the defendant or the defendant's counsel, the cost of the examination and other associated expenses must be paid by the defendant or, if the defendant was represented by an attorney pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except as provided by subsection (5)(a)(iv);

(iii) if the examination was jointly requested by the prosecution and defense counsel or the need for the examination was jointly agreed to by the prosecution and defense, the cost of the examination and other associated expenses must be divided and paid equally by the court or, in district court proceedings, by the office of court administrator, and the defendant or, if the defendant was represented by an attorney assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, by the office of state public defender, except as provided in subsection (5)(a)(iv);

(iv) any costs for an examination performed by an employee of the department of public health and human services, any other associated expenses at a facility of the department of public health and human services, and any other associated expenses for which the legislature has made a general fund appropriation to the department of public health and human services may not be charged to the office of court administrator or the office of state public defender.

(b) For the purposes of this subsection (5), "other associated expenses" means the following costs incurred in association with the commitment to a hospital or other suitable facility for the purpose of examination, regardless of whether the examination is done at the Montana state hospital or any other facility:

(i) the expenses of transporting the defendant from the place of detention to the place where the examination is performed and returning the defendant to detention, including personnel costs of the law enforcement agency by whom the defendant is detained;

(ii) housing expenses of the facility where the examination is performed; and

(iii) medical costs, including medical and dental care, including costs of medication.

(6) A court may not order the superintendent of the Montana state hospital to designate a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine or report on the defendant's mental condition unless there is no person located within the county of venue of the committing court who is willing, able, or available to perform an examination.
Mont. Code Ann. § 46-6-215 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-215
46-6-215 Execution of warrant
Status: in_force

46-6-215 . Execution of warrant. An arrest warrant may be directed to all peace officers in the state. It must be executed by a peace officer and may be executed in any county of the state. Arrest warrants issued for the violation of city ordinances may not be executed outside the city limits, except as otherwise provided by law.
Mont. Code Ann. § 46-16-607 — MT Code / Title 46 / Chapter 16 / Part 6 / Section 46-16-607
46-16-607 Conviction of lesser included offense
Status: in_force

46-16-607 . Conviction of lesser included offense. (1) The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense charged.

(2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.

(3) When a lesser included offense instruction is given, the court shall instruct the jury that it must reach a verdict on the crime charged before it may proceed to a lesser included offense. Upon request of the defendant at the settling of instructions, the court shall instruct the jury that it may consider the lesser included offense if it is unable after reasonable effort to reach a verdict on the greater offense.
Mont. Code Ann. § 46-31-203 — MT Code / Title 46 / Chapter 31 / Part 2 / Section 46-31-203
46-31-203 Coordinator of agreement
Status: in_force

46-31-203 . Coordinator of agreement. The governor shall appoint an officer of this state as coordinator of this agreement who, acting jointly with like officers of party states, shall promulgate rules to carry out more effectively the terms and provisions of this chapter and who shall provide within and without the state information necessary to the effective operation of this agreement.
Mont. Code Ann. § 46-1-1204 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1204
46-1-1204 Mental health treatment court structure
Status: in_force

46-1-1204 . Mental health treatment court structure. (1) Each judicial district or court of limited jurisdiction may establish a mental health treatment court under which persons with a mental disorder who are charged with a criminal offense may be processed to address an identified mental health problem as a condition of pretrial release, pretrial diversion under 46-16-130 , probation, incarceration, parole, or other release from a detention or correctional facility.

(2) Participation in a mental health treatment court is voluntary and is subject to the consent of the prosecutor, the defense attorney, and the court pursuant to a written agreement.

(3) A mental health treatment court may grant reasonable incentives under a written agreement. Reasonable incentives may include but are not limited to:

(a) graduation certificates;

(b) early graduation;

(c) fee reduction or waiver of fees;

(d) record expungement of the underlying case; or

(e) reduced contact with a probation officer.

(4) The court may impose reasonable sanctions under the agreement for failure to comply with the agreement. Prior to imposition of a sanction, the mental health treatment court team shall review the participant's individual treatment program and the participant's conduct. If the mental health treatment court team determines that the participant's failure to comply:

(a) was not willful, was a symptom of a mental disorder, or was a result of an inappropriate treatment plan, the court may impose sanctions, including but not limited to:

(i) fines;

(ii) extension of time in the program;

(iii) peer review; or

(iv) geographical restrictions; or

(b) was willful, not a symptom of a mental disorder, and not the result of an inappropriate treatment plan, the court may impose sanctions, including:

(i) a short-term jail sentence;

(ii) termination of participation in the program; or

(iii) contempt of court.

(5) Upon successful completion of mental health treatment court, a participant's case must be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the mental health treatment court. This may include but is not limited to pretrial diversion under 46-16-130 , dismissal of criminal charges, probation, deferred sentencing, suspended sentencing, or a reduced period of incarceration. A participant who successfully completes the program must be given credit for the time the participant served in the mental health treatment program by the judge upon disposition.

(6) Each local jurisdiction that intends to establish a mental health treatment court or to continue the operation of an existing mental health treatment court shall establish a local mental health treatment court team.

(7) The mental health treatment court team shall, when practicable, conduct a staff meeting prior to each mental health treatment court session to discuss and provide updated information regarding participants. After determining the participant's progress or lack of progress, the court, with input from the mental health treatment court team, shall determine the appropriate incentive or sanction to be applied. The provisions of this part apply only to persons with a mental disorder who are charged with a criminal offense and who qualify for participation based on qualifications established by each mental health treatment court. The provisions of this part do not apply to participants who have been convicted of a sexual offense, as defined in 46-23-502 . This part does not confer a right or expectation of a right to participate in a mental health treatment court and does not obligate a mental health treatment court to accept any offender. The establishment of a mental health treatment court may not be construed as limiting the discretion of a prosecutor to act on any criminal case that the prosecutor considers advisable to prosecute. Each mental health treatment court judge may establish rules and may make special orders and necessary rules that do not conflict with rules adopted by the Montana supreme court.

(8) Each participant shall contribute to the cost of treatment and the program in accordance with 46-1-1212 (2). A mental health treatment court coordinator is responsible for the general administration of a mental health treatment court under the direction of the mental health treatment court judge. The supervising agency shall timely forward information to the mental health treatment court concerning the participant's progress and compliance with any court-imposed terms and conditions.

(9) A department of corrections probation and parole officer may participate in a mental health treatment court team if authorized by the department. The department may authorize participation if it determines, in its discretion, that the caseloads of local probation and parole officers permit participation. If necessitated by a change in caseloads, the department may withdraw authorization for participation by its probation and parole officers in a mental health treatment court. The department of corrections may not authorize its probation and parole officers to supervise a participant of a mental health treatment program who has not been convicted of a felony offense and committed to the supervision of the department.
Mont. Code Ann. § 46-23-1004 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1004
46-23-1004 Duties of department
Status: in_force

46-23-1004 . Duties of department. The department is responsible for any investigation and supervision requested by the board or the courts for felony offenders. The department shall:

(1) divide the state into districts and assign probation and parole officers to serve in these districts and courts;

(2) obtain any necessary office quarters for the staff in each district;

(3) assign the secretarial, bookkeeping, and accounting work to the clerical employees, including receipt and disbursement of money;

(4) direct the work of the probation and parole officers and other employees;

(5) formulate methods of investigation, supervision, recordkeeping, and reports;

(6) conduct training courses for the staff, including initial training on risk assessment and evidence-based practices for new probation and parole officers and regular training for all probation and parole officers. Performance reviews of probation and parole officers must incorporate the requirements for training on risk assessment and other evidence-based practices.

(7) cooperate with all agencies, public and private, that are concerned with the treatment or welfare of persons on probation or parole;

(8) administer the Interstate Compact for Adult Offender Supervision; and

(9) notify the employer of a probationer or parolee if the probationer or parolee has been convicted of an offense involving theft from an employer.
Mont. Code Ann. § 46-6-102 — MT Code / Title 46 / Chapter 6 / Part 1 / Section 46-6-102
46-6-102 Persons exempt from arrest
Status: in_force

46-6-102 . Persons exempt from arrest. (1) Electors shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at election and in going to and returning from the same.

(2) Senators and representatives shall in all cases except felony or breach of the peace be privileged from arrest during the sessions of the state legislature and in going to and returning from the same.

(3) The militia shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at musters and election and in going to and returning from the same.

(4) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.
Mont. Code Ann. § 46-18-248 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-248
46-18-248 Rights of state for crime victims compensation and assistance -- exception
Status: in_force

46-18-248 . Rights of state for crime victims compensation and assistance -- exception. (1) Except as provided in subsection (3), whenever a victim is paid from the state crime victims compensation and assistance program as provided in Title 53, chapter 9, part 1, for loss arising out of a criminal act, the state is subrogated, to the extent of the payment to the victim, to the rights of the victim to any restitution ordered by the court.

(2) The rights of the state are subordinate to the claims of multiple victims who have suffered loss arising out of multiple offenses by the same offender or arising from any transaction that is part of the same continuous scheme of criminal activity of an offender.

(3) Restitution paid by a youth, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation, as provided in 41-5-1521 .
Mont. Code Ann. § 46-23-1032 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1032
46-23-1032 Federal forfeiture funds -- use
Status: in_force

46-23-1032 . Federal forfeiture funds -- use. (1) Money forfeited under federal law and provided to the department of corrections may be deposited in an account in the federal special revenue fund.

(2) Money from federal forfeiture funds deposited in the account may be used for training probation and parole officers, for the purchase of equipment for probation and parole officers, or for other criminal justice purposes upon appropriation by the legislature.
Mont. Code Ann. § 46-16-227 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-227
46-16-227 Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense
Status: in_force

46-16-227 . Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense. Upon a motion by the prosecution or defense if the defense intends to call a child witness other than the victim in its case in chief, a court shall conduct a hearing to consider whether the testimony of a child witness may be taken outside the presence of the defendant and communicated to the courtroom by two-way electronic audio-video communication.
Mont. Code Ann. § 46-18-234 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-234
46-18-234 When payment of fine or costs due
Status: in_force

46-18-234 . When payment of fine or costs due. Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 , the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the payment is due immediately.
Mont. Code Ann. § 46-5-307 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-307
46-5-307 Petition for destruction, disposal, or use of evidence
Status: in_force

46-5-307 . Petition for destruction, disposal, or use of evidence. (1) For a case filed in district court, the prosecutor may file a petition with the court alleging that there exist certain items held as evidence either by the law enforcement agency or the court and that the items no longer have any evidentiary value. The petition must include:

(a) the name and title of the petitioner;

(b) the items of evidence sought to be destroyed, disposed of, or used, including a specific description of each that may be attached to the petition by separate inventory;

(c) when the items were seized;

(d) whether the items constitute contraband, which for the purposes of 46-5-306 through 46-5-309 means any property that is unlawful to produce or possess;

(e) whether the items relate to a filed case and, if so, the court and cause number of the case and its procedural status;

(f) whether, in those instances in which the items are not contraband, an effort has been made to return the items to the apparent owner and the results of the effort;

(g) an allegation to the effect that any criminal prosecutions involving the items of evidence have been completed and no appeals are pending or that no criminal charges have been filed or are presently contemplated; and

(h) the petitioner's intentions relative to disposition of the items.

(2) If the petition required under subsection (1) requests the destruction or use of contraband, it must describe how destruction is to be accomplished or how the contraband has training or law enforcement value and its contemplated use by a law enforcement agency.

(3) The petitioner shall provide a victim of the offense with a copy of the petition required under subsection (1) at the victim's last-known address and shall advise the court whether the victim wishes to be heard on the petition. It is the duty of the victim to provide the law enforcement agency, court, or prosecuting attorney's office with the victim's current contact information.

(4) (a) For a case filed in a court of limited jurisdiction, the owner of property seized in connection with a criminal charge shall contact the prosecuting attorney's office within 6 months of the conclusion of the case, including appeal, to claim the property.

(b) An owner who fails to contact the prosecuting attorney's office within 6 months after the conclusion of the case surrenders the property to the seizing or holding agency and forfeits any right to the property.

(c) If an owner claiming property demonstrates proof of ownership and the prosecuting attorney determines the property is no longer needed for the prosecution of the case, the property must be returned to the claiming owner.
Mont. Code Ann. § 46-5-117 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-117
46-5-117 Use of license plate reader prohibited -- exceptions -- definition -- penalty
Status: in_force

46-5-117 . Use of license plate reader prohibited -- exceptions -- definition -- penalty. (1) Except as provided in subsection (2), an agency or employee of the state or any subdivision of the state may not use, either directly or indirectly, a license plate reader on any public highway.

(2) (a) The department of transportation or an incorporated city or town may use a license plate reader:

(i) to collect data for planning. If data is collected under this subsection (2)(a)(i), the department of transportation or city or town shall ensure and maintain the anonymity of the vehicle, the vehicle owner, the driver of the vehicle, and any passengers in the vehicle. Data collected under this subsection (2)(a)(i) without a search warrant or outside of judicially recognized exceptions to search warrant requirements may not be used to investigate or prosecute an individual or as evidence in court.

(ii) in a regulated parking system, but only to identify a vehicle's location and license plate number to enforce parking restrictions.

(b) The department of transportation may use a device and equipment, including license plate readers, if necessary, to implement 61-10-101 through 61-10-104 , 61-10-106 through 61-10-110 , and 61-10-154 if the devices or equipment are used in screening operations associated with:

(i) virtual ports of entry;

(ii) weigh station ramps using automated weigh station screening systems;

(iii) virtual weigh stations using weigh-in-motion technology; or

(iv) an automatic vehicle identification system that enables participating transponder-equipped vehicles to be prescreened throughout the nation at designated weigh stations, port-of-entry facilities, or agricultural interdiction facilities.

(c) Nothing in this section prohibits an agency of the state or any subdivision of the state from using its own vehicles, aircraft, or equipment, including a license plate reader, to track, monitor, or otherwise maintain information about the agency's or subdivision's vehicles, aircraft, or equipment.

(d) State or local law enforcement may use a device and equipment, including license plate readers, if necessary, if the following requirements are met:

(i) A state or local law enforcement agency that uses an automatic license plate reader system shall adopt and publicize a written policy governing its use before the automatic license plate reader system is operational. The policy must address the following:

(A) use of any database to compare data obtained by the automatic license plate reader system;

(B) retention of data associated with the automatic license plate reader system;

(C) sharing of the data with another law enforcement agency;

(D) training of automatic license plate reader system operators;

(E) supervisory oversight of automatic license plate reader system use;

(F) access to and security of data;

(G) access to data obtained by automatic license plate reader systems not operated by the law enforcement agency; and

(H) any other subjects related to automatic license plate reader system use by the law enforcement agency.

(ii) At least once every year, the law enforcement agency shall audit its automatic license plate reader system use and effectiveness and report the findings to the head of the law enforcement agency responsible for operating the system.

(iii) Data obtained by a law enforcement agency in accordance with this subsection (2)(d) must be obtained, accessed, preserved, or disclosed only for law enforcement or criminal justice purposes.

(iv) A law enforcement agency that uses a license plate reader system shall:

(A) maintain a record of users who access license plate reader data. The record must be maintained indefinitely.

(B) keep system maintenance and calibration schedules and records on file.

(v) Operation of a license plate reader by a law enforcement agency and access to data collected by a license plate reader operated by a law enforcement agency must be for official law enforcement purposes only. A license plate reader must be used by a law enforcement agency only to scan, detect, and identify a license plate number for the purpose of identifying a vehicle that is:

(A) stolen;

(B) associated with a wanted, missing, or endangered person;

(C) registered to a person against whom there is an outstanding warrant;

(D) in violation of commercial trucking requirements;

(E) involved in case-specific criminal investigative surveillance;

(F) involved in a homicide, shooting, or other major crime or incident; or

(G) in the vicinity of a recent crime and may be connected to that crime.

(vi) A positive match by a license plate reader alone does not constitute reasonable suspicion as grounds for a law enforcement officer to stop a vehicle. The officer shall:

(A) develop independent reasonable suspicion for the stop; or

(B) immediately confirm visually that the license plate on a vehicle matches the image of the license plate displayed on the license plate reader and confirm by other means that the license plate number meets one of the criteria specified in subsection (2)(d)(v).

(vii) A law enforcement agency that uses an automatic license plate reader system in accordance with this section shall update the system from the databases specified pursuant to subsection (2)(d)(i) every 24 hours if an update is available or as soon as practicable after an update becomes available.

(viii) A license plate reader may be installed for the sole purpose of recording and checking license plates.

(3) A public employee or public officer, as the terms are defined in 2-2-102 , who violates the provisions of this section is subject to the applicable penalties provided for in Title 2, chapter 2.

(4) As used in this section, the following definitions apply:

(a) "Law enforcement agency" means:

(i) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and

(ii) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.

(b) "License plate reader" means a device principally designed and primarily used for determining the ownership of a motor vehicle, the mileage or route traveled by a motor vehicle, the location or identity of a motor vehicle, or the identity of a motor vehicle's occupants on the public highways, as defined in 60-1-103 , through the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, automated electronic toll collection system, automated license plate recognition system, or radio frequency identification device that by itself or in conjunction with other devices or information can be used to determine the ownership of a motor vehicle or the identity of a motor vehicle's occupants or the mileage, location, or route traveled by the motor vehicle.
Mont. Code Ann. § 46-24-105 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-105
46-24-105 No cause of action for damages
Status: in_force

46-24-105 . No cause of action for damages. Nothing in this chapter may be construed to create a cause of action for damages against the state or one of its political subdivisions.
Mont. Code Ann. § 46-13-204 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-204
46-13-204 Transfer of trial
Status: in_force

46-13-204 . Transfer of trial. If the court determines that a motion to dismiss based upon the grounds of lack of jurisdiction or improper place of trial is well-founded, it may, instead of ordering dismissal, order the cause transferred to a court of competent jurisdiction or to a proper place of trial.
Mont. Code Ann. § 46-9-108 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-108
46-9-108 Conditions upon defendant's release -- notice to victim of stalker's release
Status: in_force

46-9-108 . Conditions upon defendant's release -- notice to victim of stalker's release. (1) The court may impose any condition that will reasonably ensure the appearance of the defendant as required or that will ensure the safety of any person or the community, including but not limited to the following conditions:

(a) the defendant may not commit an offense during the period of release;

(b) the defendant shall remain in the custody of a designated person who agrees to supervise the defendant and report any violation of a release condition to the court, if the designated person is reasonably able to assure the court that the defendant will appear as required and will not pose a danger to the safety of any person or the community;

(c) if applicable, the defendant shall maintain employment or, if unemployed, actively seek employment;

(d) the defendant shall abide by specified restrictions on the defendant's personal associations, place of abode, and travel;

(e) the defendant shall avoid all contact with:

(i) an alleged victim of the crime, including in a case of partner or family member assault or strangulation of a partner or family member the restrictions contained in a no contact order issued under 45-5-209 ; and

(ii) any potential witness who may testify concerning the offense;

(f) the defendant shall report on a regular basis to a designated agency or individual, pretrial services agency, or other appropriate individual;

(g) if applicable, the defendant shall comply with a specified curfew;

(h) if applicable, the defendant may not possess a firearm, destructive device, or other dangerous weapon;

(i) if applicable, the defendant may not use or possess alcohol or use or possess any dangerous drug or other controlled substance without a legal prescription. If applicable, the court may require an alcohol monitoring device that can detect the usage of alcohol by an individual and includes but is not limited to:

(i) a transdermal alcohol monitoring unit; or

(ii) a facial recognition breathalyzer unit.

(j) if applicable, the defendant shall comply with either a mental health or chemical dependency treatment program, or both;

(k) the defendant shall furnish bail in accordance with 46-9-401 ; or

(l) the defendant shall return to custody for specified hours following release from employment, schooling, or other approved purposes.

(2) (a) If electronic monitoring is available, there is a rebuttable presumption that the court shall impose electronic monitoring as a condition of release when the offense is:

(i) a second or subsequent partner or family member assault as defined in 45-5-206 ;

(ii) any felony assault on a partner or family member, as partner or family member is defined in 45-5-206 ;

(iii) strangulation of a partner or family member as defined in 45-5-215 ;

(iv) felony stalking as defined in 45-5-220 ; or

(v) a felony violation of an order of protection as defined in 45-5-626 .

(b) If electronic monitoring or alcohol monitoring under subsection (1)(i) is imposed, the court shall specify the terms under which the monitoring must be performed. The court may require as a condition of release that the defendant pay for the costs of the electronic monitoring or alcohol monitoring. If the defendant has not paid for electronic monitoring or alcohol monitoring as a condition of release, on conviction, the court shall require as a condition of the sentence that the defendant reimburse the providing agency for the costs of electronic monitoring or alcohol monitoring, unless the court determines that the defendant is not or will not be able to pay the costs.

(c) For the purposes of this subsection (2), "electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location, including but not limited to:

(i) radio frequency signaling technology, which detects if the monitored individual is or is not at an approved location and notifies the monitoring agency of the time that the monitored individual either leaves the approved location or tampers with or removes the monitoring device; or

(ii) active or passive global positioning system technology, which detects the location of the monitored individual and notifies the monitoring agency of the monitored individual's location, and which may also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party or within the restricted distance of a designated location.

(3) The court may not impose an unreasonable condition that results in pretrial detention of the defendant and shall subject the defendant to the least restrictive condition or combination of conditions that will ensure the defendant's appearance and provide for protection of any person or the community. At any time, the court may, upon a reasonable basis, amend the order to impose additional or different conditions of release upon its own motion or upon the motion of either party.

(4) Whenever a person accused of a violation of 45-5-206 , 45-5-215 , 45-5-220 , or 45-5-626 is admitted to bail, the detention center shall, as soon as possible under the circumstances, make one and if necessary more reasonable attempts, by means that include but are not limited to certified mail, to notify the alleged victim or, if the alleged victim is a minor, the alleged victim's parent or guardian of the accused's release.

(5) If a court orders electronic monitoring of the defendant under subsection (2)(a) and victim notification technology capable of notifying a victim or protected party, either directly or through a monitoring agency, is available, the county attorney or other prosecuting attorney shall provide reasonable notice to the victim or protected party that victim notification technology is available and how the victim or protected party may register to receive notifications directly from the electronic monitoring service provider or monitoring agency if the monitored individual enters within the restricted distance of the victim or protected party or within the restricted distance of a designated location.

(6) If a court orders electronic monitoring of the defendant under subsection (2)(a) and places geographic restrictions on the defendant, the electronic monitoring service provider or monitoring agency shall make a reasonable attempt to provide notice of any violation of the geographic restrictions to the county attorney or other prosecuting attorney within 1 business day of the violation.
Mont. Code Ann. § 46-22-306 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-306
46-22-306 Disposition of petitioner
Status: in_force

46-22-306 . Disposition of petitioner. (1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.

(2) If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.
Mont. Code Ann. § 46-9-502 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-502
46-9-502 Conditions performed -- bail discharged
Status: in_force

46-9-502 . Conditions performed -- bail discharged. When the conditions of bail have been performed and the accused has been discharged from the accused's obligations in the cause, the court shall return to the accused or the accused's sureties the deposit of any cash, stocks, or bonds. If the bail is real estate, the court shall notify in writing the county clerk and recorder and the lien of the bail bond on the real estate must be discharged. If the bail is a written undertaking or a commercial surety bond, it must be discharged and the sureties exonerated.
Mont. Code Ann. § 46-18-227 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-227
46-18-227 Short title
Status: in_force

46-18-227 . Short title. Sections 46-18-227 and 46-18-228 may be cited as "Alan's Law".
Mont. Code Ann. § 46-23-307 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-307
46-23-307 Recommendation of hearing panel
Status: in_force

46-23-307 . Recommendation of hearing panel. Within 30 days after the hearing of a case, the hearing panel shall make a recommendation in writing and a copy of the recommendation, together with all papers used in each case, must be immediately transmitted to the governor.
Mont. Code Ann. § 46-24-219 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-219
46-24-219 Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules
Status: in_force

46-24-219 . Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules. (1) A victim of identity theft, as described in 45-6-332 , may apply to a district court to expunge from the victim's record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.

(2) A victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal identifying information of the victim to commit the offense or violation.

(3) After granting the expungement, the court shall forward a copy of the expungement order to the department of justice. Upon receipt of the court order, the department shall expunge the pertinent records.

(4) Notwithstanding any other provision of law, a victim seeking expungement under this section may not be charged a fee by the court.

(5) The department of justice may adopt rules to implement procedures regarding law enforcement agency procedures for handling the expunged records.
Mont. Code Ann. § 46-6-411 — MT Code / Title 46 / Chapter 6 / Part 4 / Section 46-6-411
46-6-411 Assisting officer of another state
Status: in_force

46-6-411 . Assisting officer of another state. (1) Any peace officer of another state, of the United States, or of the District of Columbia who enters this state in close pursuit of a person in order to arrest the person has the same authority to arrest and hold the person in custody as peace officers of this state have to arrest and hold in custody a person on the ground that the person has committed a crime in this state.

(2) If an arrest is made in this state by an officer of another state, of the United States, or of the District of Columbia, the officer shall without unnecessary delay take the arrested person before a judge of a court of record, who shall conduct a hearing for the sole purpose of determining if the arrest was in accordance with the provisions of subsection (1) and not for the purpose of determining the guilt or innocence of the arrested person.

(3) If the judge determines that the arrest was in accordance with subsection (1), the judge shall commit the arrested person to the custody of the officer making the arrest, who shall without unnecessary delay take the arrested person to the state from which that person fled. If the judge determines that the arrest was unlawful, the judge shall discharge the person arrested.

(4) This section may not be construed to make unlawful any arrest in this state that would otherwise be lawful.
Mont. Code Ann. § 46-20-105 — MT Code / Title 46 / Chapter 20 / Part 1 / Section 46-20-105
46-20-105 Appeal by one codefendant
Status: in_force

46-20-105 . Appeal by one codefendant. When several defendants are tried jointly, any one or more of them may take an appeal but those who do not join in the appeal shall not be affected thereby.
Mont. Code Ann. § 46-20-313 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-313
46-20-313 Superseded
Status: in_force

46-20-313 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-30-202 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-202
46-30-202 Prosecution pending in this state at time of requisition
Status: in_force

46-30-202 . Prosecution pending in this state at time of requisition. If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor may surrender the person on requisition of the executive authority of another state or hold the person until the person has been tried and discharged or convicted and punished in this state.
Mont. Code Ann. § 46-18-241 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-241
46-18-241 Condition of restitution -- interest
Status: in_force

46-18-241 . (Temporary) Condition of restitution -- interest. (1) As provided in 46-18-201 and 46-18-240 , a sentencing court shall, as part of the sentence, require an offender to make full restitution to any victim who has sustained pecuniary loss, including a person suffering an economic loss. Full restitution includes the interest required by subsection (4). The duty to pay full restitution under the sentence remains with the offender or the offender's estate until full restitution is paid, whether or not the offender is under state supervision. If the offender is under state supervision, payment of restitution is a condition of any probation or parole.

(2) (a) The offender shall pay the cost of supervising the payment of restitution, as provided in 46-18-245 , by paying an amount equal to 10% of the amount of restitution ordered, but not less than $5.

(b) A felony offender shall pay the restitution and cost of supervising the payment of restitution to the department of corrections until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The department shall pay the restitution to the person or entity to whom the court ordered restitution to be paid, except that if a victim has been compensated under Title 53, chapter 9, part 1, the restitution must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 . The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the period following state supervision or state custody of the offender. The department shall adopt rules to implement this subsection (2)(b).

(c) In a misdemeanor case, payment of restitution and of the cost of supervising the payment of restitution must be made to the court until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The court shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245 , which shall disburse the restitution to the person or entity to whom the court ordered restitution to be paid, except that if a victim has been compensated under Title 53, chapter 9, part 1, the restitution must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 .

(3) If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.

(4) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on restitution ordered under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601 , 25-30-102 , or 46-17-303 . (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 46-13-205 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-205
46-13-205 Return to original place of trial
Status: in_force

46-13-205 . Return to original place of trial. When a trial occurs after a change of place of trial and a retrial is required, the cause must be returned to the county in which the charge was originally properly filed for further proceedings.
Mont. Code Ann. § 46-18-403 — MT Code / Title 46 / Chapter 18 / Part 4 / Section 46-18-403
46-18-403 Credit for incarceration prior to sentencing
Status: in_force

46-18-403 . Credit for incarceration prior to sentencing. (1) (a) An incarcerated person against whom a judgment of imprisonment is rendered must be allowed credit for each day of incarceration prior to imposition of a sentence that is directly related to the proceedings that caused the incarceration, except that the time allowed as a credit may not exceed the term of the prison sentence rendered.

(b) For the purposes of subsection (1)(a):

(i) credit must be given only when the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted;

(ii) an offender is not entitled to credit against multiple sentences for a single period of custody unless the sentences are imposed concurrently;

(iii) an offender is not entitled to credit in a new criminal matter if the offender is currently serving a custodial sentence on a prior offense;

(iv) incarceration directly related to a probation or parole hold only reduces the sentence that the person was serving while on probation or parole; and

(v) incarceration includes time spent in a correctional institution as defined in 45-2-101 and a secure residential treatment facility if residence is required by court order.

(2) An incarcerated person who does not supply bail and against whom a fine is levied may be allowed a credit for each day of incarceration prior to imposition of sentence, except that the amount allowed or credited may not exceed the amount of the fine. The daily rate of credit for incarceration must be established annually by the board of county commissioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rate is established.
Mont. Code Ann. § 46-23-210 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-210
46-23-210 Medical parole
Status: in_force

46-23-210 . Medical parole. (1) The board may release on medical parole by appropriate order any person confined in a state prison or adult community corrections facility or any person sentenced to a state prison and confined in a prerelease center who:

(a) is not under sentence of death or sentence of life imprisonment without possibility of release;

(b) is unlikely to pose a detriment to the person, victim, or community; and

(c) (i) has a medical condition requiring extensive medical attention; or

(ii) has been determined by a physician to have a medical condition that will likely cause death within 6 months or less.

(2) A person designated ineligible for parole under 46-18-202 (2) must have approval of the sentencing judge before being eligible for medical parole. If the court does not respond within 30 days to a written request from the department, the person is considered to be approved by the court for medical parole. The provisions of this subsection do not apply to a person who is ineligible for medical parole under subsection (1)(a).

(3) Medical parole may be requested by the board, the department, an incarcerated person, or an incarcerated person's spouse, parent, child, grandparent, or sibling by submitting a completed application to the administrator of the correctional institution in which the person is incarcerated. The application must include a detailed description of the person's proposed placement and medical care and an explanation of how the person's medical care will be financed if the person is released on medical parole. The application must include a report of an examination and written diagnosis by a physician licensed under Title 37 to practice medicine. The physician's report must include:

(a) a description of the medical attention required to treat the person's medical condition;

(b) a description of the person's medical condition, any diagnosis, and any physical incapacity; and

(c) a prognosis addressing the likelihood of the person's recovery from the medical condition or diagnosis and the extent of any potential recovery. The prognosis may include whether the person has a medical condition causing the likelihood of death within 6 months.

(4) The application must be reviewed and accepted by the department before the board may consider granting a medical parole.

(5) Upon receiving the application from the department, a hearing panel shall hold a hearing. Any interested person or the interested person's representative may submit written or oral statements, including written or oral statements from a victim. A victim's statement may be kept confidential.

(6) The hearing panel shall require as a condition of medical parole that the person agree to placement in an environment approved by the department during the parole period, including but not limited to a hospital, nursing home, hospice facility, or prerelease center, to intensive supervision, to some other appropriate community corrections facility or program, or to a family home. The hearing panel may require as a condition of parole that the person agree to periodic examinations and diagnoses at the person's expense. Reports of each examination and diagnosis must be submitted to the board and department by the examining physician. If either the board or department determines that the person's medical condition has improved to the extent that the person no longer requires extensive medical attention or is likely to pose a detriment to the person, victim, or community, a hearing panel may revoke the parole and return the person to the custody of the department.

(7) A grant or denial of medical parole does not affect the person's eligibility for nonmedical parole.

(8) Sections 46-23-203 , 46-23-205 through 46-23-207 , and 46-23-215 through 46-23-218 apply to medical parole.
Mont. Code Ann. § 46-1-507 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-507
46-1-507 Costs
Status: in_force

46-1-507 . Costs. The mediation costs must be paid equally by the defendant and the prosecution, except that if a defendant is eligible for a public defender, the public defender shall pay the mediation costs.
Mont. Code Ann. § 46-18-220 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-220
46-18-220 Sentences for certain offenses committed in official detention -- death penalty
Status: in_force

46-18-220 . Sentences for certain offenses committed in official detention -- death penalty. An offender convicted of having committed attempted deliberate homicide, aggravated assault, or aggravated kidnapping while in official detention, as defined in 45-2-101 , shall, if the provisions of 46-1-401 have been complied with, be sentenced to death or life imprisonment as provided in 46-18-301 through 46-18-310 .
Mont. Code Ann. § 46-5-601 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-601
46-5-601 Definitions
Status: in_force

46-5-601 . Definitions. As used in this part, the following definitions apply:

(1) "Contents" means any information concerning the substance, purport, or meaning of a communication.

(2) (a) "Electronic communication" means:

(i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or

(ii) any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station.

(b) The term does not include:

(i) an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;

(ii) a communication made through a tone-only paging device;

(iii) a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object; or

(iv) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

(3) "Electronic communication service" means:

(a) a service that provides to users the ability to send or receive electronic communications;

(b) a service that provides to users computer storage or processing services; or

(c) a service that acts as an intermediary in the transmission of electronic communications.

(4) "Governmental entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.

(5) (a) "Subscriber record" means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:

(i) name;

(ii) address;

(iii) local and long-distance telephone connection record or record of session time and duration;

(iv) length of service, including start date;

(v) type of service used;

(vi) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and

(vii) means and source of payment for the service.

(b) The term does not include customer proprietary network information as defined in 47 U.S.C. 222(h)(1).
Mont. Code Ann. § 46-16-129 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-129
46-16-129 Pretrial diversion program state special revenue account
Status: in_force

46-16-129 . Pretrial diversion program state special revenue account. (1) There is an account in the state special revenue fund established in 17-2-102 to the credit of the judicial branch to be known as the pretrial diversion program account.

(2) The purpose of the account is to fund a pilot project in five counties to analyze the costs and benefits of the following:

(a) the risk associated with an offender being released into the community prior to the offender's trial date; and

(b) the potential or actual savings in jail costs for not having the offender incarcerated during that time.
Mont. Code Ann. § 46-4-302 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-302
46-4-302 Penalty for failure to appear or obey
Status: in_force

46-4-302 . Penalty for failure to appear or obey. (1) A person who, without just cause, fails to obey a subpoena served under this part is punishable for contempt of court.

(2) (a) A person who, after being granted immunity under 46-4-305 , refuses to give testimony or produce evidence under this part must be brought without unnecessary delay before the judge issuing the subpoena or, in that judge's absence or inability to act, before the nearest or most accessible judge, who shall inform the person:

(i) of the contents and requirements of the subpoena;

(ii) that the person has been granted immunity and may not be excused from testifying or producing evidence on the grounds that the testimony may incriminate the person; and

(iii) that a refusal to testify or produce evidence as commanded in the subpoena is punishable as a contempt of court under Title 3, chapter 1, part 5.

(b) In the presence of the judge, the person must be examined by the prosecutor or produce evidence as commanded in the subpoena.

(c) A refusal to testify or produce evidence may be punished as a contempt under Title 3, chapter 1, part 5.
Mont. Code Ann. § 46-8-115 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-115
46-8-115 Effect of nonpayment
Status: in_force

46-8-115 . Effect of nonpayment. (1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance.

(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt.

(3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.

(4) If it appears to the satisfaction of the court that the default in the payment of costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or of each installment, or revoking the order for payment of the unpaid portion of the costs in whole or in part.

(5) A default in the payment of costs or any installment may be collected by any means authorized by law for the enforcement of a judgment. The writ of execution for the collection of costs may not discharge a defendant committed to imprisonment for contempt until the amount of the payment for costs has actually been collected.
Mont. Code Ann. § 46-16-401 — MT Code / Title 46 / Chapter 16 / Part 4 / Section 46-16-401
46-16-401 Order of trial
Status: in_force

46-16-401 . Order of trial. (1) After the jury is sworn but before the introduction of any evidence, the court may give the jury general instructions concerning the conduct of the trial. The court shall give the jury such cautionary instructions as may be required during the course of the trial.

(2) The prosecutor may make an opening statement and shall offer evidence in support of the prosecution. The defendant may make an opening statement prior to the prosecutor's offer of evidence or at the close of the prosecution's case but prior to the defendant's offer of evidence.

(3) The prosecutor and the defendant may, respectively, offer rebutting testimony only. However, the court, for good cause, may permit either party to offer evidence upon the original case at any time before the close of evidence.

(4) Prior to final arguments, the court shall inform the parties as to the instructions that will be given and read them to the jury.

(5) A written copy of the instructions, both general and special, must be delivered to the jury for its consideration during deliberations following the final arguments.
Mont. Code Ann. § 46-24-213 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-213
46-24-213 General requirements for information
Status: in_force

46-24-213 . General requirements for information. (1) Unless specifically stated otherwise, the requirements of 44-2-601 , 46-24-104 , 46-24-201 through 46-24-203 , 46-24-211 , and 46-24-212 to provide information to the victim may be satisfied by written, electronic, or oral communication with the victim or the victim's designee.

(2) The person responsible for providing information required by 44-2-601 , 46-24-104 , 46-24-201 through 46-24-203 , 46-24-211 , and 46-24-212 shall promptly inform the victim of significant changes in the information.

(3) The obligation to furnish information to a victim under 44-2-601 , 46-24-104 , 46-24-201 through 46-24-203 , 46-24-211 , and 46-24-212 is conditioned upon the victim informing the appropriate agency in writing or by electronic means of the name, mailing address, electronic address, if applicable, and telephone number of the person to whom the information should be provided and of any change of name, mailing or electronic address, or telephone number.
Mont. Code Ann. § 46-21-103 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-103
46-21-103 Commencement of proceedings
Status: in_force

46-21-103 . Commencement of proceedings. The proceeding for relief under 46-21-101 must be commenced by filing a verified petition with the clerk of the appropriate court. The clerk shall docket the petition upon its receipt and bring the petition promptly to the attention of the court.
Mont. Code Ann. § 46-18-310 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-310
46-18-310 Supreme court's determination as to sentence
Status: in_force

46-18-310 . Supreme court's determination as to sentence. (1) The supreme court shall consider the punishment as well as any errors enumerated by way of appeal. With regard to the sentence, the court shall determine:

(a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;

(b) whether the evidence supports the trier of fact's finding of the existence or nonexistence of the aggravating circumstances enumerated in 46-18-303 and the sentencing judge's finding of the existence or nonexistence of the mitigating circumstances enumerated in 46-18-304 ; and

(c) whether the sentence of death is excessive or disproportionate to the penalty imposed in other cases in which a sentencing hearing was held pursuant to 46-18-301 , whether the sentence imposed was death or a sentence other than death, considering both the crime and the defendant. The court shall include in its decision a reference to those other cases it took into consideration.

(2) The supreme court shall uphold the sentencing court's findings of fact issued pursuant to 46-18-306 unless those findings are clearly erroneous. The supreme court may not substitute its judgment for that of the sentencing court in:

(a) assessing the credibility of witnesses;

(b) drawing inferences from testimonial, physical, documentary, or other evidence; or

(c) resolving conflicts in the evidence presented at the sentencing hearing or considered by the sentencing court.
Mont. Code Ann. § 46-23-217 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-217
46-23-217 Service of term for additional crime
Status: in_force

46-23-217 . Service of term for additional crime. A prisoner who commits a crime while imprisoned in a state prison or while released on parole or under the supervised release program and who is convicted and sentenced for the crime shall serve the sentence consecutively with the remainder of the original sentence. However, the prisoner remains eligible for parole consideration under 46-23-201 in regard to the original sentence. If paroled from the original sentence, the prisoner shall begin serving the subsequent sentence.
Mont. Code Ann. § 46-11-319 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-319
46-11-319 Expenses of grand jury
Status: in_force

46-11-319 . Expenses of grand jury. (1) Except as provided in subsection (2), all expenses of the grand jury, including expenses for special prosecutors, experts, investigators, and interpreters, if any, must be paid by the county. The treasurer of the county shall pay the expenses out of the general fund of the county or out of the district court fund, if any, upon warrants drawn by the county auditor or by the clerk of district court upon a written order of the judge of the district court of the county.

(2) The state shall pay the expenses of juror and witness fees and witness expenses as provided in 3-5-901 and 3-5-902 .
Mont. Code Ann. § 46-16-211 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-211
46-16-211 Who are competent witnesses
Status: in_force

46-16-211 . Who are competent witnesses. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code.
Mont. Code Ann. § 46-22-202 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-202
46-22-202 Granting writ of habeas corpus
Status: in_force

46-22-202 . Granting writ of habeas corpus. (1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction.

(2) When a writ of habeas corpus is issued, it may be made returnable before the issuing court.
Mont. Code Ann. § 46-1-1214 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1214
46-1-1214 Enforcement by removal to criminal court
Status: in_force

46-1-1214 . Enforcement by removal to criminal court. Failure of the participant to comply with the terms of the mental health treatment program will be referred upon the order of the mental health treatment court judge to the appropriate criminal court.
Mont. Code Ann. § 46-31-204 — MT Code / Title 46 / Chapter 31 / Part 2 / Section 46-31-204
46-31-204 Penalty for escape from custody on detainer
Status: in_force

46-31-204 . Penalty for escape from custody on detainer. Every prisoner confined in state prison for a term less than for life who has been lawfully delivered into the temporary custody of appropriate officers of a party state for trial on a charge or detainer based on an untried indictment, information, or complaint and who escapes is punishable by a fine in an amount not to exceed $50,000 or by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or both. The second term of imprisonment must commence from the time the prisoner would otherwise have been discharged from prison.
Mont. Code Ann. § 46-4-409 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-409
46-4-409 Exceptions to custodial recording requirements
Status: in_force

46-4-409 . Exceptions to custodial recording requirements. A judge shall admit statements or evidence of statements that do not conform to 46-4-408 if, at hearing, the state proves by a preponderance of the evidence that:

(1) the statements have been made voluntarily and are reliable; or

(2) one or more of the following circumstances existed at the time of the custodial interrogation:

(a) the questions put forth by law enforcement personnel and the person's responsive statements were part of the routine processing or booking of the person;

(b) before or during a custodial interrogation, the person unambiguously declared that the person would respond to the law enforcement officer's questions only if the person's statements were not electronically recorded;

(c) the failure to electronically record an interrogation in its entirety was the result of unforeseeable equipment failure and obtaining replacement equipment was not practicable;

(d) exigent circumstances prevented the making of an electronic recording of the custodial interrogation;

(e) the person's statements were surreptitiously recorded by or under the direction of law enforcement personnel;

(f) the person's statement was made during a custodial interrogation that was conducted in another state by peace officers of that state in compliance with the laws of that state; or

(g) the person's statement was made spontaneously and not in response to a question.
Mont. Code Ann. § 46-30-205 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-205
46-30-205 Timeline for delivering person
Status: in_force

46-30-205 . Timeline for delivering person. After the person is arrested upon a governor's warrant of arrest and rendition of this state, or a waiver of extradition has been executed, the timeline for the transfer of the person to the agent or agents of another state must be set as provided in the federal Extradition Act, 18 U.S.C. 3182, as of December 17, 2024. If a hold exists under 46-30-202 , the timeline for the transfer of the person is tolled until the person has been tried and discharged or convicted and punished in this state.
Mont. Code Ann. § 46-20-407 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-407
46-20-407 Superseded
Status: in_force

46-20-407 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-1010 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1010
46-23-1010 Sexual offenders -- electronic monitoring program -- contract -- rules
Status: in_force

46-23-1010 . Sexual offenders -- electronic monitoring program -- contract -- rules. (1) The department shall establish a program for the continuous, satellite-based monitoring of sexual offenders designated as level 3 offenders under 46-23-509 . The program may include:

(a) time-correlated and continuous tracking of the geographic location of a monitored person using a global positioning system based on satellite and other location-tracking technology;

(b) reporting of a monitored person's violation of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day, passive reporting to near-real-time, active reporting.

(c) an automated system that allows local and state law enforcement officials to compare the geographic positions of a monitored person with reported criminal incidents to determine whether the monitored person was at or near the scene of a reported criminal incident and to include or exclude a monitored person from the investigation of a criminal incident.

(2) The department shall adopt rules for the establishment and operation of the program required under subsection (1), including rules establishing supervisory fees. The department may consult with state and local law enforcement officials in developing the rules.

(3) The department shall contract with a single vendor for the procurement of the equipment and services needed to monitor persons under the program and correlate the movements of monitored persons to reported criminal incidents. The contract may provide for equipment and services necessary to implement or facilitate any of the provisions of this section and for the collection and disposition of the fees provided for in 46-23-1031 and may allow for the reasonable cost of collection of the proceeds.
Mont. Code Ann. § 46-11-303 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-303
46-11-303 Lead juror
Status: in_force

46-11-303 . Lead juror. The district court shall appoint one of the jurors to be lead juror. The lead juror has the power to administer oaths or affirmations and shall sign all indictments. The lead juror or another juror designated by the lead juror shall keep a record of the number of jurors concurring in the finding of every indictment and shall file the record with the clerk of court, but the record may not be made public except on order of the district court.
Mont. Code Ann. § 46-23-502 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-502
46-23-502 Definitions
Status: in_force

46-23-502 . Definitions. As used in Title 45, chapter 5, part 3 and parts 5 through 7, 46-18-255 , and this part, the following definitions apply:

(1) "Department" means the department of corrections provided for in 2-15-2301 .

(2) "Foreign offenses" means a conviction for a sexual offense involving any of the conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand, or under the laws of any foreign country when the United States department of state, in its country reports on human rights practices, has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction was obtained.

(3) "Mental abnormality" means a congenital or acquired condition that affects the mental, emotional, or volitional capacity of a person in a manner that predisposes the person to the commission of one or more sexual offenses to a degree that makes the person a menace to the health and safety of other persons.

(4) "Municipality" means an entity that has incorporated as a city or town.

(5) "Personality disorder" means a personality disorder as defined in the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders adopted by the American psychiatric association.

(6) "Predatory sexual offense" means a sexual offense committed against a stranger or against a person with whom a relationship has been established or furthered for the primary purpose of victimization.

(7) "Registration agency" means:

(a) if the offender resides in a municipality, the police department of that municipality; or

(b) if the offender resides in a place other than a municipality, the sheriff's office of the county in which the offender resides.

(8) (a) "Residence" means the location at which a person regularly resides, regardless of the number of days or nights spent at that location, that can be located by a street address, including a house, apartment building, motel, hotel, or recreational or other vehicle.

(b) The term does not mean a homeless shelter.

(9) "Sexual offender evaluator" means a person qualified under rules established by the department to conduct psychosexual evaluations of sexual offenders and sexually violent predators.

(10) (a) "Sexual offense" means any violation, attempt, solicitation, or conspiracy to commit a violation, or flight after the attempt or commission of the following:

(i) 45-5-301 , unlawful restraint, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(ii) 45-5-302 , kidnapping, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(iii) 45-5-303 , aggravated kidnapping, if the victim is less than 18 years of age and the offender is not a parent of the victim;

(iv) 45-5-502 (2)(b), (2)(c), (3), and (4), sexual assault;

(v) 45-5-503 , sexual intercourse without consent;

(vi) 45-5-504 (2)(c), (3), and (4), indecent exposure;

(vii) 45-5-507 , incest, if the victim is less than 18 years of age and the offender is 3 or more years older than the victim, or if the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense;

(viii) 45-5-508 , aggravated sexual intercourse without consent;

(ix) 45-5-601 (2)(b) and (3), prostitution;

(x) 45-5-622 (2)(b)(ii), endangering the welfare of children;

(xi) 45-5-625 , sexual abuse of children;

(xii) 45-5-627 (1)(a), ritual abuse of a minor;

(xiii) 45-5-705 , patronizing a victim of sex trafficking;

(xiv) 45-5-706 , aggravated sex trafficking;

(xv) 45-5-711 , child sex trafficking;

(xvi) 45-5-802 (1), sexual abuse of a vulnerable adult;

(xvii) 45-8-218 , deviate sexual conduct;

(xviii) 45-5-629 , grooming of a child for a sexual offense; or

(xvix) any violation of a law of another state, a tribal government, the federal government, or the military or a foreign entity that is reasonably equivalent to a violation listed in subsections (10)(a)(i) through (10(a)(xviii) or for which the offender was required to register as a sexual offender after an adjudication or conviction.

(b) The term does not include the exceptions provided for in 45-5-501 , 45-5-502 , and 45-5-503 .

(11) "Sexual or violent offender" means a person who has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual or violent offense.

(12) "Sexually violent predator" means a person who:

(a) has been convicted of or, in youth court, found to have committed or been adjudicated for a sexual offense and who suffers from a mental abnormality or a personality disorder that makes the person likely to engage in predatory sexual offenses; or

(b) has been convicted of a sexual offense against a victim 12 years of age or younger and the offender is 18 years of age or older.

(13) "Transient" means an offender who has no residence.

(14) "Violent offense" means:

(a) any violation of or attempt, solicitation, or conspiracy to commit a violation of:

(i) 45-5-102 , deliberate homicide;

(ii) 45-5-103 , mitigated deliberate homicide;

(iii) 45-5-202 , aggravated assault;

(iv) 45-5-206 (third or subsequent offense), partner or family member assault;

(v) 45-5-210 (1)(b), (1)(c), or (1)(d), assault on a peace officer or judicial officer;

(vi) 45-5-212 , assault on a minor;

(vii) 45-5-213 , assault with a weapon;

(viii) 45-5-215 , strangulation of a partner or family member;

(ix) 45-5-302 (if the victim is not a minor), kidnapping;

(x) 45-5-303 (if the victim is not a minor), aggravated kidnapping;

(xi) 45-5-802 (1), abuse or sexual abuse of a vulnerable adult;

(xii) 45-5-401 , robbery;

(xiii) 45-6-103 , arson; or

(xiv) 45-9-132 , operation of unlawful clandestine laboratory; or

(b) any violation of a law of another state, a tribal government, the federal government, or the military or a foreign entity reasonably equivalent to a violation listed in subsection (14)(a).
Mont. Code Ann. § 46-14-301 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-301
46-14-301 Commitment upon finding of not guilty by reason of lack of mental state -- hearing to determine release or discharge -- limitation on confinement
Status: in_force

46-14-301 . Commitment upon finding of not guilty by reason of lack of mental state -- hearing to determine release or discharge -- limitation on confinement. (1) When a defendant is found not guilty for the reason that due to a mental disease or disorder the defendant could not have a particular state of mind that is an essential element of the offense charged, the court shall order a predisposition investigation in accordance with 46-18-112 and 46-18-113 , which must include an investigation of the present mental condition of the defendant. If the trial was by jury, the court shall hold a hearing to determine the appropriate disposition of the defendant. If the trial was by the court, the court may hold a hearing to obtain any additional testimony it considers necessary to determine the appropriate disposition of the defendant. In either case, the testimony and evidence presented at the trial must be considered by the court in making its determination.

(2) The court shall evaluate the nature of the offense with which the defendant was charged. If the offense:

(a) involved a substantial risk of serious bodily injury or death, actual bodily injury, or substantial property damage, the court may find that the defendant suffers from a mental disease or disorder that renders the defendant a danger to the defendant or others. If the court finds that the defendant presents a danger to the defendant or others, the defendant may be committed to the custody of the director of the department of public health and human services to be placed in an appropriate mental health facility for custody, care, and treatment. However, if the court finds that the defendant is seriously developmentally disabled, as defined in 53-20-102 , the prosecutor shall petition the court in the manner provided in Title 53, chapter 20.

(b) charged did not involve a substantial risk of serious bodily injury or death, actual bodily injury, or substantial property damage, the court shall release the defendant. The prosecutor may petition the court in the manner provided in Title 53, chapter 20 or 21.

(3) A person committed to the custody of the director of the department of public health and human services must have a hearing within 180 days of confinement to determine the person's present mental condition and whether the person must be discharged or released or whether the commitment may be extended because the person continues to suffer from a mental disease or disorder that renders the person a danger to the person or others. The hearing must be conducted by the court that ordered the commitment unless that court transfers jurisdiction to the district court in the district in which the person has been placed. The court shall cause notice of the hearing to be served upon the person, the person's counsel, the prosecutor, and the court that originally ordered the commitment. The hearing is a civil proceeding, and the burden is upon the state to prove by clear and convincing evidence that the person may not be safely released because the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:

(a) serious bodily injury or death to the person or others;

(b) an imminent threat of physical injury to the person or others; or

(c) substantial property damage.

(4) According to the determination of the court upon the hearing, the person must be discharged or released on conditions the court determines to be necessary or must be committed to the custody of the director of the department of public health and human services to be placed in an appropriate mental health facility for custody, care, and treatment. The period of commitment may not exceed the maximum sentence determined under 46-14-214 (2). At the time that the period of the maximum sentence expires, involuntary civil commitment proceedings may be instituted in the manner provided in Title 53, chapter 21.

(5) A professional person shall review the status of the person each year. At the time of the annual review, the director of the department of public health and human services or the person or the representative of the person may petition for discharge or release of the person. Upon request for a hearing, a hearing must be held pursuant to the provisions of subsection (3).
Mont. Code Ann. § 46-15-413 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-413
46-15-413 Retention and disposal of sexual assault evidence kits -- victim notification
Status: in_force

46-15-413 . Retention and disposal of sexual assault evidence kits -- victim notification. (1) Sexual assault evidence kits reported to law enforcement pursuant to 46-15-404 , anonymous sexual assault evidence kits collected as provided in 46-15-411 , and the related contents of reported or anonymous sexual assault evidence kits must be stored in a secure and reasonable manner that preserves evidence for 75 years from the date of collection.

(2) A victim may request notification before the victim's sexual assault evidence kit and related contents are destroyed.

(3) If requested by the victim, the agency with custody of the victim's sexual assault evidence kit and its contents shall provide written notice to the victim 120 days before the intended destruction or disposal of the sexual assault evidence kit or its contents. The notification must include:

(a) a description of the biological evidence;

(b) a statement of the intended destruction or disposal of the biological evidence in 120 days;

(c) the name, mailing address, and other contact information of the agency with custody of the evidence; and

(d) any other information the agency considers pertinent.

(4) If any party to the offense objects to the destruction or disposal of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the destruction or disposal of the biological evidence must take place.
Mont. Code Ann. § 46-21-202 — MT Code / Title 46 / Chapter 21 / Part 2 / Section 46-21-202
46-21-202 Record of proceedings
Status: in_force

46-21-202 . Record of proceedings. A court that hears a petition pursuant to this chapter shall keep a record of the proceedings and enter its findings and conclusions.
Mont. Code Ann. § 46-19-302 — MT Code / Title 46 / Chapter 19 / Part 3 / Section 46-19-302
46-19-302 Effectuation of purposes of compact
Status: in_force

46-19-302 . Effectuation of purposes of compact. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions, including but not limited to the making and submission of such reports as are required by the compact.
Mont. Code Ann. § 46-9-107 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-107
46-9-107 Release or detention pending appeal -- revocation -- sentencing hearing
Status: in_force

46-9-107 . Release or detention pending appeal -- revocation -- sentencing hearing. A person intending to appeal from a judgment imposing a fine only or from any judgment rendered by a justice's court or city court must be admitted to bail. The court shall order the detention of a defendant found guilty of an offense who is awaiting imposition or execution of sentence or a revocation hearing or who has filed an appeal unless the court finds that, if released, the defendant is not likely to flee or pose a danger to the safety of any person or the community.
Mont. Code Ann. § 46-4-406 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-406
46-4-406 Purpose
Status: in_force

46-4-406 . Purpose. The legislature intends to require the electronic recording of custodial interrogations in felony cases based on the finding that properly recorded interrogations:

(1) provide the best evidence of the communications that occurred during an interrogation;

(2) prevent disputes about a peace officer's conduct or treatment of a suspect during the course of an interrogation;

(3) prevent a defendant from lying about the account of events originally provided to law enforcement by the defendant;

(4) spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe;

(5) enhance public confidence in the criminal process; and

(6) have been encouraged by the Montana supreme court in a written opinion of that court.
Mont. Code Ann. § 46-20-404 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-404
46-20-404 Superseded
Status: in_force

46-20-404 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-202 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-202
46-23-202 Initial parole hearing
Status: in_force

46-23-202 . Initial parole hearing. Within the 2 months prior to a prisoner's official parole eligibility date or as soon after that date as possible, the department shall make the prisoner available for a hearing before a hearing panel. The hearing panel shall consider the prisoner's score under the parole guidelines and other case-specific and pertinent information regarding the prisoner, including the criteria in 46-23-208 .
Mont. Code Ann. § 46-17-311 — MT Code / Title 46 / Chapter 17 / Part 3 / Section 46-17-311
46-17-311 Appeal from justices', municipal, and city courts
Status: in_force

46-17-311 . Appeal from justices', municipal, and city courts. (1) Except as provided in 46-17-203 (2)(b) or subsection (4) of this section and except for cases in which legal issues are preserved for appeal pursuant to 46-12-204 , all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six selected in the same manner as for other criminal cases. An appeal from a municipal court to the district court is governed by 3-6-110 , an appeal from a justice's court of record is governed by 3-10-115 , and an appeal from a city court of record is governed by 3-11-110 .

(2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial or the denial of the motion to withdraw a plea as provided in 46-17-203 (2)(b). In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date that the order complained of is given. The prosecution may appeal only in the cases provided for in 46-20-103 .

(3) Within 30 days of timely filing the notice of appeal, the court shall transfer the entire record of the court of limited jurisdiction to the district court. The court of limited jurisdiction has no duty to transmit the record if the notice of appeal is not timely filed. The defendant may petition the district court to order the record transmitted upon a showing of good cause for failure to timely file the notice of appeal.

(4) A defendant may appeal a justice's court, other than a justice's court of record, or city court, other than a city court of record, revocation of a suspended sentence to the district court. The district court judge shall determine whether the suspended sentence will be revoked. A jury trial is not available in a sentence revocation procedure.

(5) If, on appeal to the district court, the defendant fails to appear for a scheduled court date or meet a court deadline, the court may, except for good cause shown, dismiss the appeal on the court's own initiative or on motion by the prosecution and the right to a jury trial is considered waived by the defendant. Upon dismissal, the appealed judgment is reinstated and becomes the operative judgment.
Mont. Code Ann. § 46-13-401 — MT Code / Title 46 / Chapter 13 / Part 4 / Section 46-13-401
46-13-401 Dismissal at instance of court or prosecution
Status: in_force

46-13-401 . Dismissal at instance of court or prosecution. (1) The court may, either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice, order a complaint, information, or indictment to be dismissed. However, the court may not order a dismissal of a complaint, information, or indictment, or a count contained in a complaint, information, or indictment, charging a felony, unless good cause for dismissal is shown and the reasons for the dismissal are set forth in an order entered upon the minutes.

(2) After the entry of a plea upon a misdemeanor charge, the court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed, with prejudice, if a defendant whose trial has not been postponed upon the defendant's motion is not brought to trial within 6 months.
Mont. Code Ann. § 46-21-104 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-104
46-21-104 Contents of petition
Status: in_force

46-21-104 . Contents of petition. (1) The petition for postconviction relief must:

(a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;

(b) identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and

(c) identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.

(2) The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.
Mont. Code Ann. § 46-5-110 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-110
46-5-110 Location information privacy -- civil penalty -- definitions
Status: in_force

46-5-110 . Location information privacy -- civil penalty -- definitions. (1) (a) Except as provided in subsection (1)(b), a government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court.

(b) A government entity may obtain location information of an electronic device under any of the following circumstances:

(i) the device is reported stolen by the owner;

(ii) in order to respond to the user's call for emergency services;

(iii) with the informed, affirmative consent of the owner or user of the electronic device; or

(iv) there exists a possible life-threatening situation.

(c) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.

(d) A violation of this section will result in a civil fine not to exceed $50.

(2) As used in this section, the following definitions apply:

(a) "Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.

(b) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.

(c) "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.

(d) "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.

(e) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.

(f) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.
Mont. Code Ann. § 46-23-520 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-520
46-23-520 Sexual or violent offender community education curriculum
Status: in_force

46-23-520 . Sexual or violent offender community education curriculum. (1) The department of justice shall develop a statewide community education curriculum regarding release of sexual or violent offenders into a community.

(2) The curriculum developed under subsection (1) must contain information:

(a) for communities and neighborhoods regarding the provisions of this part as it relates to sexual or violent offenders, including the rights of residents of a community into which a sexual or violent offender is released and the duties and roles under this part of the department, law enforcement agencies, and the offender;

(b) for families and children regarding personal safety, including potential warning signs that may help to avoid victimization; and

(c) for communities, neighborhoods, families, and children regarding the restrictions imposed by 45-5-513 .

(3) The curriculum developed under this section must be made available to law enforcement agencies, school districts, local governments, and other entities determined by the department of justice to be in a position to educate the public on the subject of the release of a sexual or violent offender into a community. The curriculum may be disseminated by any appropriate means, written or electronic, including by the internet.
Mont. Code Ann. § 46-14-221 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-221
46-14-221 Determination of fitness to proceed -- procedure on finding of unfitness -- expenses -- involuntary treatment -- rulemaking authority
Status: in_force

46-14-221 . Determination of fitness to proceed -- procedure on finding of unfitness -- expenses -- involuntary treatment -- rulemaking authority. (1) (a) When the issue of the defendant's fitness to proceed is raised, and an examination of the defendant has been completed under 46-14-202 , the defendant's fitness must be determined by the court.

(b) If neither the prosecutor nor the defendant's counsel contests the finding of the report filed under 46-14-206 , the court may make the determination on the basis of the report.

(c) If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon the hearing, the parties have the right to subpoena and cross-examine the psychiatrists or licensed clinical psychologists who joined in the report and to offer evidence upon the issue.

(d) Except as provided in 46-14-206 (2), in determining whether a defendant lacks fitness to proceed, the court shall restrict its analysis of the issues to:

(i) whether the defendant suffers from a mental disorder, as defined in 53-21-102 , or is seriously developmentally disabled, as defined in 53-20-102 ;

(ii) whether the defendant may require commitment; and

(iii) if the defendant suffers from a mental disease or disorder or developmental disability, whether the defendant has the capacity to understand the proceedings against the defendant and to assist in the defendant's own defense.

(2) (a) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant must be suspended, except as provided in subsection (4), and the court shall commit the defendant to an appropriate mental health facility, as defined in 53-21-102 , or residential facility, as defined in 53-20-102 , or to the custody of the director of the department of public health and human services for so long as the unfitness endures or until disposition of the defendant is made pursuant to this section, whichever occurs first.

(b) The court may not commit the defendant to a private mental health facility or hospital without the express consent of the facility or hospital.

(3) (a) The committing court shall, after receiving notice from the department of public health and human services to the court, the defendant or the defendant's counsel, and county attorney that a defendant committed to the Montana state hospital for a fitness evaluation under 46-14-202 or restoration to fitness under 46-14-221 has been determined to be fit or restored to fitness, order the defendant to be returned to the committing county and set the matter for trial. The committing court shall also, for any incarcerated defendant, within 90 days of ordering commitment, review the defendant's status related to a commitment ordered under subsection (2). If the court finds that the defendant has not been admitted to an appropriate mental health facility, residential facility, or to the custody of the director of the department of public health and human services under subsection (2) and is still unfit to proceed because the defendant has a mental disorder or mental illness, the court shall assess whether the proceeding against the defendant must be dismissed or whether alternatives to incarceration, if applicable, or to commitment are appropriate under the circumstances, including whether the involuntary administration of medication is necessary.

(b) (i) If, on review of the defendant's custodial status related to any commitment ordered pursuant to subsection (2), it is determined that an incarcerated defendant requires treatment, including administration of medication, the county attorney may petition the court for an order requiring compliance with treatment, including involuntary administration of medication.

(ii) The defendant has a right to a hearing on the petition. The judge shall appoint a professional person and set a date and hold the hearing on the petition without undue delay. The court shall enter into the record a detailed statement of the facts upon which an order is made, and if involuntary administration of medication or other treatment is ordered, the court shall also enter into the record the specific findings that the state has proved an overriding justification for the order and that the treatment being ordered is medically appropriate. The court may authorize the chief medical officer of a facility or a physician, or the chief medical officer of the department of public health and human services or a physician or advanced practice registered nurse who is under the supervision of or employed by the department of public health and human services, to be designated by the court to administer appropriate medication involuntarily. The department may contract with qualified providers to facilitate treatment within an incarcerative or custodial setting.

(c) (i) On admission to an appropriate mental health facility, residential facility, or to the custody of the director of the department of public health and human services under subsection (2), the facility shall evaluate the defendant and develop an individualized treatment plan to assist the defendant to gain or regain fitness to proceed. The treatment plan may include a physician's prescription of reasonable and appropriate medication that is consistent with accepted medical standards.

(ii) If the defendant refuses to comply with the treatment plan, the facility may involuntarily administer medications to treat a defendant pursuant to the determination of the facility's treatment review committee and involuntary medication review board, if the following criteria are met:

(A) the defendant suffers from a mental illness or mental disorder;

(B) the defendant has been determined to lack fitness to proceed;

(C) the involuntary administration of medication is in the best medical interests of the defendant;

(D) the defendant is either gravely disabled or poses a likelihood of serious harm to self or others;

(E) the facility has established a treatment review committee and an involuntary medication review board for the involuntary administration of psychotropic medications; and

(F) the policies and procedures relating to the involuntary medication review board require provision to the defendant of a notice of rights and notice of an involuntary medication hearing, an involuntary medication hearing, and an appeal process.

(d) The department of public health and human services shall adopt rules governing treatment review and involuntary administration of medication by a mental health facility, as defined in 53-21-102 , a residential facility, as defined in 53-20-102 , or the Montana state hospital.

(e) After the initial review of the defendant's custodial status under subsection (3)(a), the court shall review the defendant's custodial status every 30 days or at an interval the court determines appropriate under the circumstances. If on subsequent review the defendant is still unfit, it does not appear that the defendant will become fit within the reasonably foreseeable future, and that alternatives to forensic commitment are not appropriate under the circumstances, the court shall order the proceeding against the defendant dismissed without prejudice and the prosecutor may petition the court in the manner provided in Title 53, chapter 21, to determine the disposition of the defendant pursuant to those provisions.

(f) If the court determines that the defendant lacks fitness to proceed because the defendant has a developmental disability as defined in 53-20-102 , the proceeding against the defendant must be dismissed and the prosecutor shall petition the court in the manner provided in Title 53, chapter 20, to determine the disposition of the defendant pursuant to those provisions.

(4) The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution that is susceptible to fair determination prior to trial and that is made without the personal participation of the defendant.

(5) Except as provided in subsection (6), the expenses of transporting the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate facility of the department of public health and human services, of the care, custody, and treatment of the defendant at the facility, and of transporting the defendant back are payable by the court or, in district court proceedings, by the office of court administrator.

(6) The cost of care, custody, and treatment at a facility for which the legislature has made a general fund appropriation to the department of public health and human services may not be charged to the office of court administrator.
Mont. Code Ann. § 46-8-114 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-114
46-8-114 Time and method of payment
Status: in_force

46-8-114 . Time and method of payment. (1) Except as provided in subsection (2), when a defendant is sentenced to pay the costs of assigned counsel pursuant to 46-8-113 , the court may order payment to be made within a specified period of time or in specified installments.

(2) A defendant's obligation to make payments for the cost of counsel is suspended during periods of incarceration.

(3) For public defender fees assessed prior to July 1, 2017, payments must be made to the clerk of the sentencing court for allocation as provided in 46-18-201 , 46-18-232 , and 46-18-251 and deposited in the general fund.

(4) For public defender fees assessed on or after July 1, 2017, payments must be made directly to the office of state public defender and deposited in the general fund.
Mont. Code Ann. § 46-21-110 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-110
46-21-110 Petition for DNA testing
Status: in_force

46-21-110 . Petition for DNA testing. (1) A person convicted of a felony may file a written petition for performance of DNA testing, as defined in 44-6-101 , in the court that entered the judgment of conviction. The petition must include the petitioner's statement that the petitioner was not the perpetrator of the felony that resulted in the conviction and that DNA testing is relevant to the assertion of innocence. The petition must be verified by the petitioner under penalty of perjury and must:

(a) explain why the identity of the perpetrator of the felony was or should have been a significant issue in the case;

(b) present a prima facie case that the evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, degraded, contaminated, altered, or replaced in any material aspect;

(c) explain, in light of all the evidence, how the requested testing would establish the petitioner's innocence of the felony;

(d) make every reasonable attempt to identify both the evidence that should be tested and the specific type of DNA testing sought;

(e) reveal the results of any DNA or other known biological testing that was previously conducted by the prosecution or defense; and

(f) state whether a petition was previously filed under this section and the results of the proceeding.

(2) If the petition does not contain the information required in subsection (1), the court shall return the petition to the petitioner and advise the petitioner that the matter cannot be considered without the missing information.

(3) If subsection (1) is complied with, the court shall order a copy of the petition to be served on the attorney general, the county attorney of the county of conviction, and, if known, the laboratory or government agency holding the evidence sought to be tested. The court shall order that any responses to the petition must be filed within a reasonable time after the date of service under this subsection.

(4) The court may order a hearing on the petition. The hearing must be before the judge who conducted the trial, unless the court determines that that judge is unavailable. Upon request of any party, the court may in the interest of justice order the petitioner to be present at the hearing. The court may consider evidence whether or not it was introduced at the trial.

(5) The court shall grant the petition if it determines that the petition is not made for the purpose of delay and that:

(a) the evidence sought to be tested is available and has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, degraded, contaminated, altered, or replaced in any material aspect;

(b) the identity of the perpetrator of the felony was or should have been a significant issue in the case;

(c) the petitioner has made a showing that the evidence sought to be tested has a reasonable probability, assuming favorable results, of being material to the question of whether the petitioner was the perpetrator of the felony that resulted in the conviction;

(d) in light of all the evidence, there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution; and

(e) the evidence sought to be tested was not previously tested or was tested previously but another test would provide results that are reasonably more discriminating and probative on the question of whether the petitioner was the perpetrator of the felony that resulted in the conviction or would have a reasonable probability of contradicting the prior test results.

(6) If the court grants the petition, the court shall identify the evidence to be tested. The testing must be conducted by a laboratory mutually agreed upon by the petitioner, the attorney general, and the county attorney of the county of conviction. If the parties cannot agree on a laboratory, the court shall direct a laboratory of the court's choice to conduct the testing. At the request of the attorney general or the county attorney of the county of conviction, the court shall order the evidence submitted to an additional laboratory designated by the requester for additional testing. The court shall impose reasonable conditions on the testing designed to protect the parties' interests in the integrity of the evidence and the testing process.

(7) After a petition has been filed under this section, the court may order:

(a) the state to locate and provide the petitioner with any documents, notes, logs, or reports relating to physical evidence collected in connection with the case or otherwise assist the petitioner in locating biological evidence that the state contends has been lost or destroyed;

(b) the state to take reasonable measures to locate biological evidence that may be in its custody;

(c) the state to assist the petitioner in locating evidence that may be in the custody of a public or private hospital or laboratory or other facility; and

(d) the production of original documents from the laboratory showing the results of any analysis conducted on any items or biological material collected as evidence from the time the evidence was received to the time of disposition. This includes but is not limited to the underlying data and laboratory notes prepared in connection with DNA tests, presumptive tests for the presence of biological material, serological tests, and analysis for trace evidence. All items from the requested case file must be made available to the petitioner, including digital files and photographs.

(8) The provisions of subsection (7) do not limit a court from ordering the production of any other relevant evidence.

(9) Testing ordered by the court must be conducted as soon as practicable, and if the court finds that a gross miscarriage of justice would otherwise occur and that it is necessary in the interests of justice to give priority to the DNA testing, the court shall order a laboratory, if located in this state, to give the testing priority over any other pending casework of the laboratory.

(10) The test results must be fully disclosed to the parties.

(11) If the test results are inconclusive, the court may order further appropriate testing or terminate the proceeding. If the test results inculpate the petitioner, the court shall:

(a) notify the board of pardons and parole;

(b) order the petitioner's test sample to be included in the DNA identification index established under 44-6-102 and the federal combined DNA index system (CODIS) offender database;

(c) notify any victim and the family of the victim that the test results were not favorable to the petitioner; and

(d) terminate the proceeding.

(12) If the test results are favorable to the petitioner, the court shall order a hearing to determine whether there is a reasonable probability that a different outcome at trial could have been reached and after the hearing shall make appropriate orders to serve the interests of justice, including an order that:

(a) vacates and sets aside the judgment;

(b) discharges the defendant if the defendant is in custody; or

(c) resentences the defendant.

(13) The court may order a DNA profile to be submitted to the DNA identification index established under 44-6-102 and the federal combined DNA index system (CODIS) offender database to determine whether it matches a DNA profile of a known individual or a DNA profile from an unsolved crime. The DNA profile may be obtained from probative biological material from crime scene evidence.

(14) The court shall order a petitioner who is able to do so to pay the costs of testing. If the petitioner is unable to pay, the court shall order the state to pay the costs of testing. The court shall order additional testing requested by the attorney general or the county attorney of the county of conviction to be paid for by the state.

(15) The remedy provided by this section is in addition to any remedy available under part 1 of this chapter.

(16) When a motion is filed to vacate a conviction based on DNA results that are favorable to the petitioner, the state may provide victim services to the victim of the crime that is being reinvestigated during the reinvestigation, during the court proceedings, and, upon consultation with the victim or a victim advocate, after final adjudication of the case.
Mont. Code Ann. § 46-16-117 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-117
46-16-117 Time for challenges
Status: in_force

46-16-117 . Time for challenges. All challenges must be interposed before the jury is sworn unless the cause of challenge is discovered after the jury is sworn and before the introduction of any evidence, in which case the court, in its discretion, may allow the challenge to be interposed.
Mont. Code Ann. § 46-18-105 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-105
46-18-105 Community corrections facilities or programs
Status: in_force

46-18-105 . Community corrections facilities or programs. The department of corrections may provide community corrections facilities or programs for the rehabilitation of nonviolent felony offenders, as authorized under Title 53, chapter 30, part 3.
Mont. Code Ann. § 46-18-203 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-203
46-18-203 Revocation of suspended or deferred sentence
Status: in_force

46-18-203 . Revocation of suspended or deferred sentence. (1) On the filing of a petition for revocation showing probable cause that the offender has violated any condition of a sentence, any condition of a deferred imposition of sentence, or any condition of supervision after release from imprisonment imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 , the judge may issue an order for a hearing on revocation. The order must require the offender to appear at a specified time and place for the hearing and be served by delivering a copy of the petition and order to the offender personally. The judge may also issue an arrest warrant directing any peace officer or a probation and parole officer to arrest the offender and bring the offender before the court.

(2) The petition for a revocation must be filed with the sentencing court or with a court as provided in subsection (3) either before the period of suspension or deferral has begun or during the period of suspension or deferral but not after the period has expired. Expiration of the period of suspension or deferral after the petition is filed does not deprive the court of its jurisdiction to rule on the petition.

(3) A county attorney in a county where the defendant is alleged to have committed a new felony offense may petition the sentencing court in a county where the defendant was sentenced to a suspended or deferred sentence in a prior felony conviction to transfer the matter to the county where the new felony is alleged to have been committed for revocation of the prior suspended or deferred sentence. The petition must be served on the county attorney in the original sentencing county, the sentencing judge in the sentencing jurisdiction of the prior felony conviction, any victims, and the defendant.

(4) The provisions pertaining to bail, as set forth in Title 46, chapter 9, are applicable to persons arrested pursuant to this section.

(5) Without unnecessary delay and no more than 60 days after arrest, the offender must be brought before the judge, and at least 10 days prior to the hearing the offender must be advised of:

(a) the allegations of the petition;

(b) the opportunity to appear and to present evidence in the offender's own behalf;

(c) the opportunity to question adverse witnesses; and

(d) the right to be represented by counsel at the revocation hearing pursuant to Title 46, chapter 8, part 1.

(6) A hearing is required before a suspended or deferred sentence can be revoked or the terms or conditions of the sentence can be modified unless:

(a) the offender admits the allegations and waives the right to a hearing; or

(b) the sentencing court, the probationer, or the county attorney in the sentencing jurisdiction has not objected to the removal of a condition of supervision pursuant to 46-23-1011 and the department of corrections notifies the victim of the change, using any available contact information at the time the other parties are notified; or

(c) the relief to be granted is favorable to the offender and the prosecutor, after having been given notice of the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of probation is not favorable to the offender for the purposes of this subsection (6)(c).

(7) (a) At the hearing, the prosecution shall prove, by a preponderance of the evidence, that there has been a violation of:

(i) the terms and conditions of the suspended or deferred sentence; or

(ii) a condition of supervision after release from imprisonment imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 .

(b) However, when a failure to pay restitution is the basis for the petition, the offender may excuse the violation by showing sufficient evidence that the failure to pay restitution was not attributable to a failure on the offender's part to make a good faith effort to obtain sufficient means to make the restitution payments as ordered.

(8) (a) If the judge finds that the offender has violated the terms and conditions of the suspended or deferred sentence by committing either a compliance violation or a noncompliance violation, or both, the judge may:

(i) continue the suspended or deferred sentence without a change in conditions;

(ii) continue the suspended sentence with modified or additional terms and conditions, which may include placement in:

(A) a secure facility designated by the department for up to 9 months; or

(B) a community corrections facility or program designated by the department for up to 9 months, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program;

(iii) revoke the suspension of sentence and require the offender to serve either the sentence imposed or any sentence that could have been imposed that does not include a longer imprisonment or commitment term than the original sentence. A sentence imposed upon revocation must run consecutively to any other previously existing sentence unless the suspended or deferred sentence that is being revoked ran concurrently to the previously existing sentence.

(iv) if the sentence was deferred, impose any sentence that might have been originally imposed.

(b) If a suspended or deferred sentence is revoked, the judge shall:

(i) consider any elapsed time, consult the records and recollection of the probation and parole officer, and allow all of the elapsed time served without any record or recollection of violations as a credit against the sentence. A district court, in its discretion, may deny elapsed time credit for a reasonable period of time related to a violation or multiple violations. A defendant is not entitled to elapsed time credit for time spent in a correctional institution as defined in 45-2-101 . If the judge determines that elapsed time may not be credited, the judge shall state the reasons for the determination in the order.

(ii) allow credit for each day of incarceration or home arrest prior to imposition of a revocation sentence that is directly related to the revocation proceedings pursuant to the limitations in 46-18-403 (1)(b).

(c) If the judge finds that the offender has not violated a term or condition of a suspended or deferred sentence, the judge is not prevented from setting, modifying, or adding conditions of probation as provided in 46-23-1011 .

(9) If the judge finds that the prosecution has not proved, by a preponderance of the evidence, that there has been a violation of the terms and conditions of the suspended or deferred sentence, the petition must be dismissed and the offender, if in custody, must be immediately released.

(10) All sanction and placement decisions must be documented in the offender's file.

(11) As used in this section:

(a) "absconding" means when an offender deliberately makes the offender's whereabouts unknown to a probation and parole officer or fails to report for the purposes of avoiding supervision, and reasonable efforts by the probation and parole officer to locate the offender have been unsuccessful; and

(b) "compliance violation" means a violation of the conditions of supervision that is not:

(i) a new criminal offense;

(ii) possession of a firearm in violation of a condition of probation;

(iii) behavior by the offender or any person acting at the offender's direction that could be considered stalking, harassing, or threatening the victim of the offense or a member of the victim's immediate family or support network;

(iv) absconding; or

(v) failure to enroll in or complete a required sex offender treatment program or a treatment program designed to treat violent offenders.

(12) The provisions of this section apply to any offender whose suspended or deferred sentence is subject to revocation regardless of the date of the offender's conviction and regardless of the terms and conditions of the offender's original sentence.

(13) A filing fee of $120 must be filed with a petition for revocation when a transfer of jurisdiction is requested.
Mont. Code Ann. § 46-11-313 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-313
46-11-313 Subpoena of witnesses
Status: in_force

46-11-313 . Subpoena of witnesses. (1) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the county attorney, by the lead juror of the grand jury, or by the judge of the district court.

(2) The fees and mileage of witnesses subpoenaed pursuant to this section must be the same as those for witnesses in criminal actions.

(3) All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this section, including the provisions of Title 46, chapter 15, part 1.
Mont. Code Ann. § 46-32-102 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-102
46-32-102 Terminated
Status: in_force

46-32-102 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-18-212 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-212
46-18-212 When no penalty is specified
Status: in_force

46-18-212 . When no penalty is specified. The court, in imposing sentence upon an offender convicted of an offense for which no penalty is otherwise provided or if the offense is designated a misdemeanor and no penalty is otherwise provided, may sentence the offender to a term of imprisonment not to exceed 6 months in the county jail or a fine not to exceed $500, or both.
Mont. Code Ann. § 46-20-502 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-502
46-20-502 Superseded
Status: in_force

46-20-502 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-14-213 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-213
46-14-213 Psychiatric or psychological testimony upon trial
Status: in_force

46-14-213 . Psychiatric or psychological testimony upon trial. (1) Upon trial, any psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who reported under 46-14-202 or 46-14-206 may be called as a witness by the prosecutor or by the defense. Both the prosecution and the defense may summon any other qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to testify, but only a person who has examined the defendant is competent to testify to an expert opinion with respect to the mental condition of the defendant, as distinguished from the validity of the procedure followed by or the general scientific propositions stated by another witness.

(2) When a psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who has examined the defendant testifies concerning the defendant's mental condition, the psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may make a statement as to the nature of the examination and the medical or psychological diagnosis of the mental condition of the defendant. The expert may make any explanation reasonably serving to clarify the expert's examination and diagnosis, and the expert may be cross-examined as to any matter bearing on the expert's competency or credibility or the validity of the expert's examination or medical or psychological diagnosis. A psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may not offer an opinion to the jury on the ultimate issue of whether the defendant did or did not have a particular state of mind that is an element of the offense charged.
Mont. Code Ann. § 46-16-603 — MT Code / Title 46 / Chapter 16 / Part 6 / Section 46-16-603
46-16-603 Form of verdict
Status: in_force

46-16-603 . Form of verdict. (1) The jury shall return a verdict as instructed by the court. The verdict must be unanimous in all criminal actions. The verdict must be signed by the lead juror and returned by the jury to the judge in open court.

(2) If there are two or more defendants, the jury, at any time during its deliberations, may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
Mont. Code Ann. § 46-11-504 — MT Code / Title 46 / Chapter 11 / Part 5 / Section 46-11-504
46-11-504 Former prosecution in another jurisdiction
Status: in_force

46-11-504 . Former prosecution in another jurisdiction. When conduct constitutes an offense within the jurisdiction of any state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:

(1) the first prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is based on an offense arising out of the same transaction; or

(2) the former prosecution was terminated, after the charge had been filed, by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and the acquittal, final order, or judgment necessarily required a determination inconsistent with a fact that must be established for conviction of the offense for which the defendant is subsequently prosecuted.
Mont. Code Ann. § 46-5-510 — MT Code / Title 46 / Chapter 5 / Part 5 / Section 46-5-510
46-5-510 Establishing temporary roadblock -- plan required -- exception
Status: in_force

46-5-510 . Establishing temporary roadblock -- plan required -- exception. (1) A written plan for establishing a temporary roadblock pursuant to 46-5-502 (1)(c) must:

(a) be designed by the law enforcement agency to ensure motorist safety, minimize motorist inconvenience, and prevent the arbitrary selection of vehicles by providing a schedule for the selection of vehicles to be stopped;

(b) be approved in advance of conducting the roadblock by supervisory officers within the law enforcement agency;

(c) ensure that a temporary roadblock is minimally intrusive and does not allow for unconstrained discretion by law enforcement agents performing the roadblock; and

(d) include:

(i) the purpose of the temporary roadblock;

(ii) the location, date, and time at which the temporary roadblock will be conducted;

(iii) the pattern sequence of vehicles to be stopped;

(iv) a drawing that shows how the temporary roadblock will be established;

(v) a copy of the public service announcement to be used to advertise the temporary roadblock; and

(vi) the names of the media to be notified of the temporary roadblock.

(2) All major media outlets in the area where the temporary roadblock is to be performed must be notified at least 48 hours prior to the scheduled temporary roadblock.

(3) This section does not apply to a roadblock established by a law enforcement agency pursuant to 46-5-502 (1)(a) or (1)(b).

(4) The department of justice may adopt rules to implement the provisions of this part.
Mont. Code Ann. § 46-22-204 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-204
46-22-204 Writ and process may issue at any time
Status: in_force

46-22-204 . Writ and process may issue at any time. The writ of habeas corpus or any associated process may be issued and served on any day or at any time.
Mont. Code Ann. § 46-22-304 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-304
46-22-304 Hearing on return
Status: in_force

46-22-304 . Hearing on return. The court before whom the writ is returned shall immediately proceed to hear and examine the return. The hearing may be summary in nature.
Mont. Code Ann. § 46-18-244 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-244
46-18-244 Type and time of payment -- defenses -- ensuring payment
Status: in_force

46-18-244 . Type and time of payment -- defenses -- ensuring payment. (1) The court shall specify the total amount of restitution that the offender shall pay.

(2) In the proceeding for the determination of the amount of restitution, the offender may assert any defense that the offender could raise in a civil action for the loss for which the victim seeks compensation.

(3) In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation:

(a) forfeiture and sale of the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender.

(b) return of any property to the victim.

(4) With the consent of the victim and in the discretion of the court, an offender may be ordered to make restitution in services to the victim in lieu of money or to make restitution to a person designated by the victim, if that person provided services to the victim as a result of the offense.

(5) After a prosecution is commenced and upon petition of the prosecutor, the court may grant a restraining order or injunction, require a satisfactory bond, or take other action if the court finds that the restraining order or injunction, bond, or other action is necessary to preserve property or assets that could be used to satisfy an anticipated restitution order. A hearing must be held on the petition, and any person with an interest in the property is entitled to be heard.

(6) For a felony offense:

(a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation;

(b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and

(c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.

(7) The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall, pursuant to an agreement made under 46-18-241 , intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim. The department of revenue may charge the department of corrections a fee to recover its costs of intercepting a tax refund. The fee may not exceed the amount charged a state agency for debt collection services under Title 17, chapter 4.
Mont. Code Ann. § 46-23-216 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-216
46-23-216 Duration of parole
Status: in_force

46-23-216 . Duration of parole. (1) A prisoner on parole is considered released on parole until the expiration of the maximum term or terms for which the prisoner was sentenced.

(2) The period served on parole must be considered service of the term of imprisonment, and subject to the provisions contained in 46-23-1023 through 46-23-1026 relating to a prisoner who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a prisoner on parole has performed the obligations of the release, the board shall make a final order or discharge and issue a certificate of discharge to the prisoner.
Mont. Code Ann. § 46-5-221 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-221
46-5-221 Grounds for search warrant
Status: in_force

46-5-221 . Grounds for search warrant. A judge shall issue a search warrant to a person upon application, in writing, by telephone, or electronically, made under oath or affirmation, that:

(1) states facts sufficient to support probable cause to believe that an offense has been committed;

(2) states facts sufficient to support probable cause to believe that evidence, contraband, or persons connected with the offense may be found;

(3) particularly describes the place, object, or persons to be searched; and

(4) particularly describes who or what is to be seized.
Mont. Code Ann. § 46-16-204 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-204
46-16-204 Defendant presumed innocent -- reasonable doubt
Status: in_force

46-16-204 . Defendant presumed innocent -- reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether the defendant's guilt is satisfactorily shown, the defendant must be found not guilty.
Mont. Code Ann. § 46-5-102 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-102
46-5-102 Scope of search incident to arrest
Status: in_force

46-5-102 . Scope of search incident to arrest. When a lawful arrest is effected, a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(1) protecting the officer from attack;

(2) preventing the person from escaping;

(3) discovering and seizing the fruits of the crime; or

(4) discovering and seizing any persons, instruments, articles, or things which may have been used in the commission of or which may constitute evidence of the offense.
Mont. Code Ann. § 46-5-312 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-312
46-5-312 Return of property seized -- right to possess
Status: in_force

46-5-312 . Return of property seized -- right to possess. (1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession.

(2) If the right to possession is established, the judge shall order the property, other than contraband, returned if:

(a) the property is not needed as evidence;

(b) the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or

(c) all proceedings in which the property might be required have been completed.
Mont. Code Ann. § 46-18-115 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-115
46-18-115 Sentencing hearing -- use of two-way electronic audio-video communication
Status: in_force

46-18-115 . Sentencing hearing -- use of two-way electronic audio-video communication. Before imposing sentence or making any other disposition upon acceptance of a plea or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing, without unreasonable delay, as follows:

(1) The court shall afford the parties an opportunity to be heard on any matter relevant to the disposition, including the imposition of a sentence enhancement penalty and the applicability of mandatory minimum sentences, persistent felony offender status, or an exception to these matters.

(2) If there is a possibility of imposing the death penalty, the court shall hold a hearing as provided by 46-18-301 .

(3) Except as provided in 46-11-701 and 46-16-120 through 46-16-123 , the court shall address the defendant personally to ascertain whether the defendant wishes to make a statement and to present any information in mitigation of punishment or reason why the defendant should not be sentenced. If the defendant wishes to make a statement, the court shall afford the defendant a reasonable opportunity to do so. For purposes of this section, the requirement that the court address the defendant personally may be satisfied by the use of two-way electronic audio-video communication. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201 .

(4) (a) The court shall permit the victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding appropriate sentence. At the victim's option, the victim may present the statement in writing before the sentencing hearing or orally under oath at the sentencing hearing, or both.

(b) The court shall give copies of any written statements of the victim to the prosecutor and the defendant prior to imposing sentence.

(c) The court shall consider the victim's statement along with other factors. However, if the victim's statement includes new material facts upon which the court intends to rely, the court shall allow the defendant adequate opportunity to respond and may continue the sentencing hearing if necessary.

(5) The court shall impose sentence or make any other disposition authorized by law.

(6) In felony cases, the court shall specifically state all reasons for the sentence, including restrictions, conditions, or enhancements imposed, in open court on the record and in the written judgment.
Mont. Code Ann. § 46-16-121 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-121
46-16-121 Felony offenses
Status: in_force

46-16-121 . Felony offenses. (1) Except as otherwise provided in Title 46, the defendant in all cases in which a felony is charged must be present at the initial appearance, arraignment, entry of plea, preliminary examination, trial, and sentencing or when otherwise required by the court.

(2) The defendant may be present at all other proceedings.

(3) The presence of the defendant is not required before the supreme court.
Mont. Code Ann. § 46-5-603 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-603
46-5-603 Governmental entities may not purchase data
Status: in_force

46-5-603 . Governmental entities may not purchase data. Except as provided in Title 46, chapter 4, part 3, or Title 46, chapter 5, part 2, pursuant to a search warrant or investigative subpoena issued by a court, a governmental entity may not purchase the following:

(1) electronic communications;

(2) contents of electronic communications;

(3) contents of a communication made through a tone-only paging device;

(4) contents of a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object;

(5) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;

(6) customer proprietary network information as defined in 47 U.S.C. 222(h)(1) as of October 18, 2024, inclusive of subscriber list information as defined in 47 U.S.C. 222(h)(3) as of October 18, 2024;

(7) precise geolocation data as defined in 30-14-2802 ;

(8) pseudonymous data as defined in 30-14-2802 ; or

(9) sensitive data as defined in 30-14-2802 .
Mont. Code Ann. § 46-11-101 — MT Code / Title 46 / Chapter 11 / Part 1 / Section 46-11-101
46-11-101 Methods of commencing prosecution
Status: in_force

46-11-101 . Methods of commencing prosecution. A prosecution may be commenced by:

(1) a complaint;

(2) an information following a preliminary examination or waiver of a preliminary examination;

(3) an information after leave of court has been granted; or

(4) an indictment upon a finding by a grand jury.
Mont. Code Ann. § 46-21-201 — MT Code / Title 46 / Chapter 21 / Part 2 / Section 46-21-201
46-21-201 Proceedings on petition
Status: in_force

46-21-201 . Proceedings on petition. (1) (a) Unless the petition and the files and records of the case conclusively show that the petitioner is not entitled to relief, the court shall cause notice of the petition to be sent to the county attorney in the county in which the conviction took place and to the attorney general and order that a responsive pleading be filed. The attorney general shall determine whether the attorney general will respond to the petition and, if so, whether the attorney general will respond in addition to or in place of the county attorney. Following its review of the responsive pleading, the court may dismiss the petition as a matter of law for failure to state a claim for relief or it may proceed to determine the issue.

(b) If the death sentence has been imposed, upon receipt of the response or responses to the petition, the court shall promptly hold a conference to determine a schedule for the expeditious resolution of the proceeding. The court shall issue a decision within 90 days after the hearing on the petition or, if there is no hearing, within 90 days after the filing of briefs as allowed by rule or by court order. If the decision is not issued during that period, a party may petition the supreme court for a writ of mandate or other appropriate writ or relief to compel the issuance of a decision.

(c) To the extent that they are applicable and are not inconsistent with this chapter, the rules of procedure governing civil proceedings apply to the proceeding.

(2) If the death sentence has not been imposed and a hearing is required or if the interests of justice require, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel for a petitioner who qualifies for the assignment of counsel under Title 46, chapter 8, part 1, and the Montana Public Defender Act, Title 47, chapter 1.

(3) (a) Within 30 days after a conviction for which a death sentence was imposed becomes final, the sentencing court shall notify the sentenced person that if the person is indigent, as defined in 47-1-103 , and wishes to file a petition under this chapter, the court will order the office of state public defender to assign counsel who meets the Montana supreme court's standards and the office of state public defender's standards for competency of assigned counsel in proceedings under this chapter for an indigent person sentenced to death.

(b) Within 75 days after a conviction for which a death sentence was imposed upon a person who wishes to file a petition under this chapter becomes final, the sentencing court shall:

(i) order the office of state public defender to assign counsel to represent the person pending a determination by the office of state public defender that the person is indigent, as defined in 47-1-103 , and that the person either has accepted the offer of assigned counsel or is unable to competently decide whether to accept the offer of assigned counsel;

(ii) if the offer of assigned counsel is rejected by a person who understands the legal consequences of the rejection, enter findings of fact after a hearing, if the court determines that a hearing is necessary, stating that the person rejected the offer with an understanding of the legal consequences of the rejection; or

(iii) if the petitioner is determined not to be indigent, deny or rescind any order requiring the assignment of counsel.

(c) The office of state public defender may not assign counsel who has previously represented the person at any stage in the case unless the person and the counsel expressly agree to the assignment.

(d) If a petitioner entitled to counsel under this subsection (3) is determined not to be indigent but becomes indigent at any subsequent stage of the proceedings, the court shall order the assignment of counsel as provided in subsection (3)(b)(i).

(e) The expenses of counsel assigned pursuant to this subsection (3) must be paid by the office of state public defender.

(f) Violation of this subsection (3) is not a basis for a claim or relief under this chapter.

(4) The court, for good cause, may grant leave to either party to use the discovery procedures available in criminal or civil proceedings. Discovery procedures may be used only to the extent and in the manner that the court has ordered or to which the parties have agreed.

(5) The court may receive proof of affidavits, depositions, oral testimony, or other evidence. In its discretion, the court may order the petitioner brought before the court for the hearing.

(6) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence in the former proceedings and any supplementary orders as to reassignment, retrial, custody, bail, or discharge that may be necessary and proper. If the court finds for the prosecution, the petition must be dismissed.
Mont. Code Ann. § 46-18-111 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-111
46-18-111 Presentence investigation -- when required -- definition
Status: in_force

46-18-111 . Presentence investigation -- when required -- definition. (1) (a) (i) Upon the acceptance of a plea or upon a verdict or finding of guilty to one or more felony offenses, except as provided in subsection (1)(d), the district court may request and direct the probation and parole officer to make a presentence investigation and report unless an investigation and report has been provided to the court prior to the plea or the verdict or finding of guilty.

(ii) Unless additional information is required under subsection (1)(b), (1)(c), (1)(d), or (1)(e) or unless more time is required to allow for victim input, a preliminary or final presentence investigation and report, if requested, must be available to the court within 30 business days of the plea or the verdict or finding of guilty.

(iii) If a presentence investigation report has been requested, the district court shall consider the presentence investigation report prior to sentencing.

(b) (i) If the defendant was convicted of an offense under 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , 45-5-601 (3), 45-5-625 , 45-5-627 , 45-5-705 , 45-5-706 , 45-5-711 , 45-5-802 (1), or 45-8-218 or if the defendant was convicted under 46-23-507 and the offender was convicted of failure to register as a sexual offender pursuant to Title 46, chapter 23, part 5, the court shall order a psychosexual evaluation of the defendant unless the defendant is sentenced under 46-18-219 . The evaluation must include:

(A) a recommendation as to treatment of the defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs;

(B) an identification of the level of risk the defendant presents to the community using the standards established in 37-1-139 ; and

(C) the defendant's needs.

(ii) Unless a psychosexual evaluation has been provided to the court prior to the plea or the verdict or finding of guilty, the evaluation must be completed by a sexual offender evaluator selected by the court and who has a license endorsement as provided for in 37-1-139 . The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge.

(iii) All costs related to the evaluation, including an evaluation ordered by the court as allowed in subsection (1)(b)(ii), must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation, including an evaluation ordered by the court as allowed in subsection (1)(b)(ii), are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.

(c) (i) If the defendant was convicted of an offense under 45-5-212 (2)(b) or (2)(c), the investigation may include a mental health evaluation of the defendant and a recommendation as to treatment of the defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs.

(ii) The evaluation must be completed by a qualified psychiatrist, licensed clinical psychologist, advanced practice registered nurse, licensed clinical social worker, licensed clinical professional counselor, licensed marriage and family therapist, or other professional with comparable credentials acceptable to the department of labor and industry. The mental health evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge.

(iii) All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.

(d) If the defendant is convicted of a violent offense, as defined in 46-23-502 , or if the defendant is convicted of a crime for which a victim or entity may be entitled to restitution, and the amount of restitution is not contained in a plea agreement, the court shall order a presentence investigation.

(e) When, pursuant to 46-14-311 , the court has ordered a presentence investigation and a report pursuant to this section, the mental evaluation must be attached to the presentence investigation report and becomes part of the report. The report must be made available to persons and entities as provided in 46-18-113 .

(2) The district court may order a presentence investigation for a defendant convicted of a misdemeanor only if the defendant was convicted of a misdemeanor that the state originally charged as a sexual or violent offense as defined in 46-23-502 .

(3) The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able to pay the fee within a reasonable time. The fee may be retained by the department and used to finance contracts entered into under 53-1-203 (5).

(4) For the purposes of 46-18-112 and this section, "probation and parole officer" means:

(a) a probation and parole officer who is employed by the department of corrections pursuant to 46-23-1002 ; or

(b) an employee of the department of corrections who has received specific training or who possesses specific expertise to make a presentence investigation and report but who is not required to be licensed as a probation and parole officer by the public safety officer standards and training council created in 2-15-2029 .
Mont. Code Ann. § 46-19-202 — MT Code / Title 46 / Chapter 19 / Part 2 / Section 46-19-202
46-19-202 Proceedings following determination regarding fitness
Status: in_force

46-19-202 . Proceedings following determination regarding fitness. (1) If it is found that defendant is mentally fit as provided in 46-19-201 , the warden of the Montana state prison shall execute the judgment.

(2) If it is found that the defendant lacks fitness, the execution of judgment must be suspended and the court shall commit the defendant to the custody of the superintendent of the Montana state hospital to be placed in an appropriate facility of the department of public health and human services for as long as the lack of fitness endures.

(3) When the court, on its own motion or upon application of the superintendent of the Montana state hospital, the county prosecuting officer, or the defendant or the defendant's legal representative, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the warden must be directed by the court to carry out the execution. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to proceed with execution of the sentence, the court may suspend the execution of the sentence and may order the defendant to be discharged.
Mont. Code Ann. § 46-18-1110 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1110
46-18-1110 Expungement orders
Status: in_force

46-18-1110 . Expungement orders. (1) When multiple misdemeanor offenses are requested to be expunged, the court may order expungement of all, some, or none of the misdemeanor offenses.

(2) If an order of expungement is granted:

(a) the order must direct, for each offense being expunged, the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, and the clerk of the court in which the person was sentenced to permanently seal all records of the arrest, investigation, and detention, if any, and any court proceedings that may have been held in the case in the possession of the recipient of the order within existing resources; and

(b) the person whose records are to be expunged shall send, for each offense being expunged, a copy of the order to the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, the clerk of the court in which the person was sentenced, and the department of justice, along with the fingerprints taken pursuant to 46-18-1104 for validating identity and a form prepared by the department of justice that contains identifying information about the petitioner.

(3) On receipt of an expungement order sent pursuant to subsection (2)(b), the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order.
Mont. Code Ann. § 46-23-510 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-510
46-23-510 Expungement of records on reversal of conviction
Status: in_force

46-23-510 . Expungement of records on reversal of conviction. Upon final reversal of a conviction of a sexual or violent offense, the sentencing court shall order the expungement of any records kept by a court, law enforcement agency, or other state or local government agency under this part.
Mont. Code Ann. § 46-5-301 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-301
46-5-301 Return
Status: in_force

46-5-301 . Return. (1) A return must be made promptly and must be accompanied by a written inventory of any evidence or contraband taken, verified by the person serving the warrant. The return must be made before the judge who issued the warrant or, if the judge is absent or unavailable, before the nearest available judge.

(2) The judge shall, upon request, deliver a copy of the inventory and the order of custody or disposition to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

(3) The judge shall enter an order providing for the custody or appropriate disposition of the evidence or contraband seized pending further proceedings.
Mont. Code Ann. § 46-5-103 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-103
46-5-103 When search and seizure not illegal
Status: in_force

46-5-103 . When search and seizure not illegal. (1) A search and seizure, whether with or without a warrant, may not be held to be illegal if:

(a) the defendant has disclaimed any right to or interest in the place or object searched or the evidence, contraband, or person seized;

(b) a right of the defendant has not been infringed by the search and seizure; or

(c) any irregularity in the proceedings has no effect on the substantial rights of the accused.

(2) Evidence, contraband, or persons lawfully seized are admissible as evidence in any prosecution or proceeding whether or not the prosecution or proceeding is for the offense in connection with which the search was originally made.
Mont. Code Ann. § 46-8-102 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-102
46-8-102 Waiver of counsel
Status: in_force

46-8-102 . Waiver of counsel. A defendant may waive the right to counsel when the court ascertains that the waiver is made knowingly, voluntarily, and intelligently.
Mont. Code Ann. § 46-5-607 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-607
46-5-607 Admissibility of proof -- violations
Status: in_force

46-5-607 . Admissibility of proof -- violations. (1) Except as proof of a violation of this part, evidence obtained in violation of this part is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit in an effort to obtain a search warrant or court order.

(2) The attorney general may apply for an injunction or commence a civil action against any governmental entity to compel compliance with the terms of this part.
Mont. Code Ann. § 46-16-221 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-221
46-16-221 Testimony of third person in cases of abuse of individual with developmental disability
Status: in_force

46-16-221 . Testimony of third person in cases of abuse of individual with developmental disability. (1) Otherwise inadmissible hearsay may be admitted into evidence in a criminal proceeding, as provided in subsections (2) and (3), if:

(a) the declarant of the out-of-court statement is an individual with a developmental disability who is:

(i) an alleged victim of a sexual offense or other crime of violence, including partner or family member assault, that is the subject of the criminal proceeding; or

(ii) a witness to an alleged sexual offense or other crime of violence, including partner or family member assault, that is the subject of the criminal proceeding;

(b) the court finds that the time, content, and circumstances of the statement provide circumstantial guarantees of trustworthiness;

(c) the individual with a developmental disability is unavailable as a witness;

(d) the hearsay testimony is offered as evidence of a material fact and is more probative on the point for which it is offered than any other evidence available through reasonable efforts; and

(e) the party intending to offer the hearsay testimony gives sufficient notice to provide the adverse party with a fair opportunity to prepare. The notice must include the content of the statement, the approximate time, date, and location of the statement, the person to whom the statement was made, and the circumstances surrounding the statement that the offering party believes support the statement's reliability.

(2) The court shall issue findings of fact and conclusions of law setting forth the court's reasoning on the admissibility of the testimony.

(3) When deciding the admissibility of offered hearsay testimony under subsections (1) and (2), a court shall consider the following:

(a) the attributes of the hearsay declarant, including:

(i) the individual's age;

(ii) the individual's ability to communicate verbally;

(iii) the individual's ability to comprehend the statements or questions of others;

(iv) the individual's ability to tell the difference between truth and falsehood;

(v) the individual's motivation to tell the truth, including whether the individual understands the general obligation to speak truthfully and not fabricate stories;

(vi) whether the individual possessed sufficient mental capacity at the time of the alleged incident to create an accurate memory of the incident; and

(vii) whether the individual possesses sufficient memory to retain an independent recollection of the events at issue;

(b) information regarding the witness who is relating the individual's hearsay statement, including:

(i) the witness's relationship to the individual;

(ii) whether the relationship between the witness and the individual has an impact on the trustworthiness of the individual's hearsay statement;

(iii) whether the witness has a motive to fabricate or distort the individual's statement; and

(iv) the circumstances under which the witness heard the individual's statement, including the timing of the statement in relation to the incident at issue and the availability of another person in whom the individual could confide;

(c) information regarding the individual's statement, including:

(i) whether the statement contains knowledge not normally attributed to an individual of the declarant's age;

(ii) whether the statement was spontaneous;

(iii) the suggestiveness of statements by other persons to the individual at the time that the individual made the statement;

(iv) if statements were made by the individual to more than one person, whether those statements were consistent;

(v) the nearness in time of the statement to the incident at issue; and

(vi) whether the statement is testimonial or nontestimonial in character; and

(d) other considerations that in the judge's opinion may bear on the admissibility of the individual's hearsay testimony.

(4) As used in this section, "developmental disability" has the meaning provided in 53-20-102 .
Mont. Code Ann. § 46-23-105 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-105
46-23-105 Legal adviser
Status: in_force

46-23-105 . Legal adviser. The board may appoint any qualified attorney or the attorney general to act as its legal adviser and represent it in all proceedings whenever so requested by the board.
Mont. Code Ann. § 46-32-104 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-104
46-32-104 Terminated
Status: in_force

46-32-104 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-23-306 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-306
46-23-306 Record of hearing
Status: in_force

46-23-306 . Record of hearing. At the hearing, the hearing panel must cause to be kept a record showing:

(1) the names of all persons appearing before the hearing panel on behalf of the person seeking clemency from the governor;

(2) the names of all persons appearing before the hearing panel in opposition to the granting of the same;

(3) the testimony of all persons giving evidence before the hearing panel;

(4) that the affidavit and return from the printer of the publication of the notice and order of hearing was on file prior to the hearing.
Mont. Code Ann. § 46-12-213 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-213
46-12-213 Harmless error
Status: in_force

46-12-213 . Harmless error. Any variance from the procedure required by 46-12-211 that does not affect the substantial rights of the defendant must be disregarded.
Mont. Code Ann. § 46-24-220 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-220
46-24-220 Identity theft passport -- application -- issuance -- uses -- penalty for false report
Status: in_force

46-24-220 . Identity theft passport -- application -- issuance -- uses -- penalty for false report. (1) (a) The attorney general, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft in this state or to a resident of this state who has filed a police report in this state or another state citing that the person is a victim of identity theft as described in 45-6-332 .

(b) A victim who has filed a report of identity theft with a law enforcement agency may apply for an identity theft passport through any law enforcement agency. The agency shall send a copy of the police report and the application to the attorney general.

(c) For a resident who became an identity theft victim in another state, the victim may apply directly to the department of justice and shall provide a copy of the police report or other substantial evidence of having filed a complaint.

(d) The attorney general shall process the application and supporting report and may issue the victim an identity theft passport in the form of a card or certificate.

(2) (a) A victim of identity theft may present the victim's identity theft passport issued under subsection (1) to any of the following:

(i) a law enforcement agency to help prevent the victim's arrest or detention for an offense committed by someone other than the victim who is using the victim's identity;

(ii) any of the victim's creditors to aid in the creditors' investigation and establishment of whether fraudulent charges were made against accounts in the victim's name or whether accounts were opened using the victim's identity; or

(iii) a consumer reporting agency, as defined in 31-3-102 , which shall accept the passport as the direct conveyance of a dispute under 31-3-124 and shall include notice of the dispute in all future reports that contain disputed information caused by identity theft.

(b) Acceptance of the identity theft passport presented by the victim to a law enforcement agency or creditor pursuant to subsection (2)(a) is at the discretion of the law enforcement agency or creditor. A law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the offense of identity theft pertaining to the victim.

(c) An identity theft passport is equivalent to a police report or investigative report when a police report or investigative report is required as proof that the holder is a victim of identity theft.

(3) An application made with the attorney general pursuant to subsection (1), including any supporting documentation, is confidential criminal justice information, as defined in 44-5-103 , and must be disseminated accordingly.

(4) The attorney general shall adopt rules to implement this section. The rules must include a procedure by which the attorney general is assured that an identity theft passport applicant has an identity theft claim that is legitimate and adequately substantiated.

(5) A person who knowingly gives a false report to obtain an identity theft passport is guilty of a felony and upon conviction shall be punished as provided by law and by revocation of the passport.
Mont. Code Ann. § 46-18-201 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-201
46-18-201 Sentences that may be imposed
Status: in_force

46-18-201 . Sentences that may be imposed. (1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period:

(i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or

(ii) not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed.

(b) Except as provided in 46-18-222 , imposition of sentence in a felony case may not be deferred in the case of an offender who has been convicted of a felony on a prior occasion, whether or not the sentence was imposed, imposition of the sentence was deferred, or execution of the sentence was suspended.

(2) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may suspend execution of sentence, except as provided in subsection (2)(b) or as otherwise specifically provided by statute, for a period up to the maximum sentence allowed or for a period of 6 months, whichever is greater, for each particular offense.

(b) (i) Except as provided in subsections (2)(b)(ii) and (2)(b)(iii), a sentencing judge may not suspend execution of sentence, including when imposing a sentence under subsection (3)(a)(vii), in a manner that would result in an offender being supervised in the community as a probationer by the department of corrections for a period of time longer than:

(A) 20 years for a sexual offender, as defined in 46-23-502 ;

(B) 20 years for an offender convicted of deliberate homicide, as defined in 45-5-102 , or mitigated homicide, as defined in 45-5-103 ;

(C) 15 years for a violent offender, as defined in 46-23-502 , an offender convicted of negligent homicide, as defined in 45-5-104 , vehicular homicide while under the influence, as defined in 45-5-106 , aggravated vehicular homicide under the influence, as provided in 45-5-107 , or criminal distribution of dangerous drugs that results in the death of an individual from use of the dangerous drug, as provided in 45-9-101 (5);

(D) 10 years for an offender convicted of 45-9-101 , 45-9-103 , 45-9-107 , 45-9-109 , 45-9-110 , 45-9-125 , 45-9-127 , or 45-9-132 ; or

(E) 5 years for all other felony offenses.

(ii) The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply if the sentencing judge finds that a longer term of supervision is needed for the protection of society or the victim. The sentencing judge shall state as part of the sentence and the judgment the reasons a longer suspended sentence is needed to protect society or the victim.

(iii) The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply to violations of 45-6-301 if the amount of restitution ordered exceeds $50,000.

(3) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that may include:

(i) a fine as provided by law for the offense;

(ii) payment of costs, as provided in 46-18-232 , or payment of costs of assigned counsel as provided in 46-8-113 ;

(iii) a term of incarceration, as provided in Title 45 for the offense, at a county detention center or at a state prison to be designated by the department of corrections;

(iv) commitment of:

(A) an offender not referred to in subsection (3)(a)(iv)(B) to the department of corrections with a recommendation for placement in an appropriate correctional facility or program; however, all but the first 5 years of the commitment to the department of corrections must be suspended, except as provided in 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), and 45-5-711 ; or

(B) a youth transferred to district court under 41-5-206 and found guilty in the district court of an offense enumerated in 41-5-206 to the department of corrections for a period determined by the court for placement in an appropriate correctional facility or program;

(v) chemical treatment of sexual offenders, as provided in 45-5-512 , if applicable, that is paid for by and for a period of time determined by the department of corrections, but not exceeding the period of state supervision of the person;

(vi) commitment of an offender to the department of corrections with the requirement that immediately subsequent to sentencing or disposition the offender is released to community supervision and that any subsequent violation must be addressed as provided in 46-23-1011 through 46-23-1015 ; or

(vii) any combination of subsection (2) and this subsection (3)(a).

(b) A court may permit a part or all of a fine to be satisfied by a donation of food to a food bank program.

(4) When deferring imposition of sentence or suspending all or a portion of execution of sentence, the sentencing judge may impose on the offender any reasonable restrictions or conditions during the period of the deferred imposition or suspension of sentence. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may include but are not limited to:

(a) limited release during employment hours as provided in 46-18-701 ;

(b) incarceration in a detention center not exceeding 180 days;

(c) conditions for probation;

(d) payment of the costs of confinement;

(e) payment of a fine and accrued interest as provided in 46-18-231 ;

(f) payment of costs as provided in 46-18-232 and 46-18-233 ;

(g) payment of costs of assigned counsel as provided in 46-8-113 ;

(h) with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321 ;

(i) with the approval of the prerelease center or prerelease program and confirmation by the department of corrections that space is available and that the offender is a suitable candidate, an order that the offender be placed in a chemical dependency treatment program, prerelease center, or prerelease program for a period not to exceed 1 year;

(j) community service;

(k) home arrest as provided in Title 46, chapter 18, part 10;

(l) payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116 ;

(m) participation in a day reporting program provided for in 53-1-203 ;

(n) participation in the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, for a violation of aggravated driving under the influence as defined in 61-8-1001 , a violation of 61-8-1002 , or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime or for a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute;

(o) participation in a restorative justice program approved by court order and payment of a participation fee of up to $150 for program expenses if the program agrees to accept the offender;

(p) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society;

(q) with approval of the program and confirmation by the department of corrections that space is available, an order that the offender be placed in a residential treatment program; or

(r) any combination of the restrictions or conditions listed in this subsection (4).

(5) In addition to any other penalties imposed, if a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere and the sentencing judge finds that a victim, as defined in 46-18-243 , has sustained a pecuniary loss or the provisions of 46-18-240 apply, the sentencing judge shall, as part of the sentence, require payment of full restitution and interest to the victim, as provided in 46-18-241 through 46-18-249 , whether or not any part of the sentence is deferred or suspended.

(6) (a) Except as provided in subsection (6)(b), in addition to any of the penalties, restrictions, or conditions imposed pursuant to subsections (1) through (5), the sentencing judge may include the suspension of the license or driving privilege of the person to be imposed upon the failure to comply with any penalty, restriction, or condition of the sentence. A suspension of the license or driving privilege of the person must be accomplished as provided in 61-5-214 through 61-5-217 .

(b) A person's license or driving privilege may not be suspended due to nonpayment of fines, costs, or restitution.

(7) In imposing a sentence on an offender convicted of a sexual or violent offense, as defined in 46-23-502 , the sentencing judge may not waive the registration requirement provided in Title 46, chapter 23, part 5.

(8) If a felony sentence includes probation, the department of corrections shall supervise the offender unless the court specifies otherwise.

(9) As used in this section, "dangerous drug" has the meaning provided in 50-32-101 .