Mont. Code Ann. § 46-1-501 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-501
46-1-501 Definitions
Status: in_force

46-1-501 . Definitions. As used in this part, the following definitions apply:

(1) "Mediation" has the meaning provided in 26-1-813 (1).

(2) "Party" means any one of the following, and "parties" means all of the following:

(a) the defendant;

(b) a victim of the crime; or

(c) the county attorney or other prosecuting attorney.
Mont. Code Ann. § 46-24-211 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-211
46-24-211 Information concerning appeal or postconviction remedies
Status: in_force

46-24-211 . Information concerning appeal or postconviction remedies. If the defendant appeals or pursues a postconviction remedy or the district court grants a hearing under Title 41, chapter 5, part 25, the attorney general or the county attorney if the case has not been referred to the attorney general shall promptly inform the victim of the notice of appeal, hearing under Title 41, chapter 5, part 25, or postconviction petition, of the date, time, and place of any hearing, and of the decision.
Mont. Code Ann. § 46-18-206 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-206
46-18-206 Sexual offenders -- electronic monitoring as additional condition of sentence
Status: in_force

46-18-206 . Sexual offenders -- electronic monitoring as additional condition of sentence. Upon sentencing a person for conviction of a sexual offense under Title 45, chapter 5, part 5, who is designated as a level 3 offender under 46-23-509 , the sentencing judge shall, as a condition of probation, parole, conditional release, or deferment or suspension of sentence, require the offender to participate in the program for the continuous satellite-based monitoring of sexual offenders established under 46-23-1010 .
Mont. Code Ann. § 46-23-102 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-102
46-23-102 Cases of juveniles excluded
Status: in_force

46-23-102 . Cases of juveniles excluded. The provisions of parts 1, 2, 3, and 10 of this chapter do not apply to probation in the youth courts or to conditional release from correctional facilities.
Mont. Code Ann. § 46-2-204 — MT Code / Title 46 / Chapter 2 / Part 2 / Section 46-2-204
46-2-204 Jurisdiction of municipal courts
Status: in_force

46-2-204 . Jurisdiction of municipal courts. Municipal courts have criminal jurisdiction as authorized by 3-6-103 .
Mont. Code Ann. § 46-23-315 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-315
46-23-315 Authority of governor to grant respite -- application
Status: in_force

46-23-315 . Authority of governor to grant respite -- application. The governor has the power to grant respites after conviction and judgment for any offenses committed against the criminal laws of the state for the time that the governor thinks proper. The governor may grant a respite upon application of a person authorized to apply for executive clemency and prior to any review or recommendation by the board of pardons and parole. A respite must be of temporary duration for a definite period of time. Any respite that is granted that stays the execution of a death warrant has the effect of postponing the execution of the warrant. In that case, if clemency is not granted, the death warrant is again in effect at the expiration of the period of respite and the execution must take place on the date of expiration of the respite.
Mont. Code Ann. § 46-18-240 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-240
46-18-240 Restitution for child of victim -- vehicular homicide while under influence -- definition
Status: in_force

46-18-240 . Restitution for child of victim -- vehicular homicide while under influence -- definition. (1) (a) A person convicted of the offense of vehicular homicide while under the influence as defined in 45-5-106 shall pay restitution for the support of each minor child whose parent or guardian was the victim of the offense.

(b) The court shall order the support to be paid monthly until the child reaches 18 years of age or graduates from high school, whichever is later.

(c) A person may not be required to pay restitution under this section to an individual who is 19 years of age or older.

(2) The court shall determine the manner in which the restitution is to be paid. In determining an amount of restitution that is reasonable and necessary to support the child, the court shall consider all relevant factors, including:

(a) the financial needs and resources of the child;

(b) the financial needs and resources of the surviving parent or guardian, if any, or other current guardian of the child or, if applicable, the financial resources of the department of public health and human services if the child is in legal custody of the state pursuant to a proceeding under Title 41, chapter 3;

(c) the standard of living to which the child is accustomed;

(d) the physical and emotional condition of the child and the child's educational needs;

(e) the child's physical and legal custody arrangements;

(f) the reasonable work-related child-care expenses of the surviving parent or guardian or other current guardian, if applicable; and

(g) the financial resources of the defendant.

(3) If a defendant is ordered to pay restitution under this section and is incarcerated and unable to make the required restitution payments, the defendant shall begin payments no later than the first anniversary of the date of the defendant's release from confinement, including entering into a payment plan to address any arrearage. If the defendant's payments are set to terminate but the defendant's obligation is not paid in full, the restitution payments shall continue until the entire arrearage is paid.

(4) (a) If prior to an order by the sentencing court for the defendant to pay restitution under this section, the surviving parent or guardian of the child brings a civil action against the defendant and obtains a judgment in the civil suit, no payments may be ordered under this section.

(b) If the court orders the defendant to pay restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the order for payment of restitution under this section must be offset by the amount of the judgment awarded in the civil action.

(5) For the purposes of this section, "victim" means a person who suffered death as a result of vehicular homicide while under the influence as defined in 45-5-106 .
Mont. Code Ann. § 46-9-301 — MT Code / Title 46 / Chapter 9 / Part 3 / Section 46-9-301
46-9-301 Determining amount of bail
Status: in_force

46-9-301 . Determining amount of bail. In all cases in which bail is determined to be necessary, bail must be reasonable in amount and the amount must be:

(1) sufficient to ensure the presence of the defendant in a pending criminal proceeding;

(2) sufficient to ensure compliance with the conditions set forth in the bail;

(3) sufficient to protect any person from bodily injury;

(4) not oppressive;

(5) commensurate with the nature of the offense charged;

(6) considerate of the financial ability of the accused;

(7) considerate of the defendant's prior record;

(8) considerate of the defendant's prior history of abscondence and fugitivity, including costs incurred by a government entity to transport the defendant to this state;

(9) considerate of the length of time the defendant has resided in the community and of the defendant's ties to the community;

(10) considerate of the defendant's family relationships and ties;

(11) considerate of the defendant's mental health status and of the defendant's participation in a mental health treatment program;

(12) considerate of the defendant's employment status; and

(13) sufficient to include the charge imposed in 46-18-236 .
Mont. Code Ann. § 46-18-245 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-245
46-18-245 Supervision of payment
Status: in_force

46-18-245 . Supervision of payment. For a felony offense, the court shall order the department of corrections to supervise the payment of restitution. For a misdemeanor offense, the court may order a restitution officer or other designated person to supervise the making of restitution and to report to the court any default in payment. If the victim of a misdemeanor has received compensation under Title 53, chapter 9, the court may also order an employee of the office of victims services provided for in 2-15-2016 to supervise the making of restitution and to report to the court any default in payment.
Mont. Code Ann. § 46-5-105 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-105
46-5-105 Reasonable suspicion required before strip search
Status: in_force

46-5-105 . Reasonable suspicion required before strip search. A person arrested or detained for a traffic offense or an offense that is not a felony may not be subjected to a strip search or a body cavity search by a peace officer or law enforcement employee unless there is reasonable suspicion to believe the person is concealing a weapon, contraband, or evidence of the commission of a crime.
Mont. Code Ann. § 46-18-226 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-226
46-18-226 Additional sentence for forcible felony against pregnant woman
Status: in_force

46-18-226 . Additional sentence for forcible felony against pregnant woman. (1) An offender who is convicted of committing a forcible felony, as defined in 45-2-101 , against a pregnant woman and who, at the time of the offense, knew or should have known that the woman was pregnant shall, in addition to the punishment provided for commission of the offense, be sentenced to a term of imprisonment in a state prison of not less than 2 years or more than 20 years, except as provided in 46-18-222 .

(2) An additional sentence imposed pursuant to this section must be imposed pursuant to the requirements of 46-1-401 and must run consecutively to the sentence imposed for the offense, except as provided in 46-18-222 .
Mont. Code Ann. § 46-24-102 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-102
46-24-102 Training in victim assistance
Status: in_force

46-24-102 . Training in victim assistance. The Montana law enforcement academy shall offer education and training in victim assistance to law enforcement officers and prosecuting attorneys and shall provide such education and training in its regular curriculum, so that victims may be properly assisted.
Mont. Code Ann. § 46-1-1101 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1101
46-1-1101 Short title
Status: in_force

46-1-1101 . Short title. This part may be cited as the "Drug Offender Accountability and Treatment Act".
Mont. Code Ann. § 46-30-403 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-403
46-30-403 Extradition of persons held in another state
Status: in_force

46-30-403 . Extradition of persons held in another state. When it is desired to have returned to this state a person charged in this state with a crime and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.
Mont. Code Ann. § 46-5-602 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-602
46-5-602 Search warrant or investigative subpoena required
Status: in_force

46-5-602 . Search warrant or investigative subpoena required. (1) A governmental entity may only require disclosure of an electronic communication stored, held, maintained, or transmitted by an electronic communication service other than a subscriber record pursuant to a search warrant or investigative subpoena issued by a court pursuant to Title 46, chapter 5, part 2, or Title 46, chapter 4, part 3.

(2) The electronic communications collected under this section must be deleted after the conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in accordance with data retention requirements under the law.

(3) The warrant and investigative subpoena requirements of this section do not apply to the electronic communications of adults or youth currently incarcerated in a correctional facility.
Mont. Code Ann. § 46-4-201 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-201
46-4-201 Inquest -- definition -- when held -- how conducted
Status: in_force

46-4-201 . Inquest -- definition -- when held -- how conducted. (1) An inquest is a formal inquiry into the causes of and circumstances surrounding the death of a person and is conducted by the coroner before a coroner's jury.

(2) The coroner may hold an inquest only if requested to do so by the county attorney of the county in which death occurred or by the county attorney of the county in which the acts or events causing death occurred. However, the county attorney shall order the coroner to hold an inquest if the death of a person occurs:

(a) in a prison, jail, or other correctional facility and is not caused by the terminal condition, as defined in 50-9-102 , of, or the execution of a death penalty upon, the person while the person is incarcerated in the prison, jail, or other correctional facility because of conviction of a criminal offense. This subsection (2)(a) applies to a death caused by a terminal condition only if the person was under medical care at the time of death.

(b) while a person is being taken into custody or is in the custody of a peace officer or if the death is caused by a peace officer, except when criminal charges have been or will be filed.

(3) If an inquest is held, the proceedings are public. The coroner shall conduct the inquest with the aid and assistance of the county attorney. The coroner shall, and the county attorney may, examine each witness, after which the witness may be examined by the jurors. The inquest must be held in accordance with this part.

(4) (a) A coroner who also serves as a peace officer may not conduct an inquest into the death of a person who:

(i) died in a jail operated by or under the jurisdiction of the peace officer;

(ii) died while in the custody of a peace officer serving in the same jurisdiction; or

(iii) was killed by a peace officer serving in the same jurisdiction.

(b) If a coroner is disqualified under subsection (4)(a), the county attorney shall request a qualified coroner or peace officer coroner of another jurisdiction to conduct the inquest. The expenses of a coroner fulfilling the request, including salary, must be paid by the requesting county.
Mont. Code Ann. § 46-9-511 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-511
46-9-511 Forfeiture procedure
Status: in_force

46-9-511 . Forfeiture procedure. (1) When an order of forfeiture is not discharged, the court having jurisdiction shall proceed with the forfeiture of bail as follows:

(a) if money has been posted as bail in a misdemeanor case, as defined in 45-2-101 , the court shall pay the money to the treasury of the city or county where the money was posted;

(b) if money has been posted as bail in a felony case, as defined in 45-2-101 , the court shall pay the money to the department of revenue for deposit in the state general fund; or

(c) if other property is posted as a condition of release, the property must be sold in the same manner as property sold in civil actions. The proceeds of the sale must be used to satisfy all court costs and prior encumbrances, if any, and from the balance, a sufficient sum to satisfy the judgment or forfeiture must be paid as provided under subsection (1)(a) in a misdemeanor case or under subsection (1)(b) in a felony case.

(2) If a surety bond has been posted as bail, execution may be issued against the sureties or the surety company in the same manner as executions in civil actions.
Mont. Code Ann. § 46-20-707 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-707
46-20-707 Discharge of defendant on reversal of judgment
Status: in_force

46-20-707 . Discharge of defendant on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:

(1) if the defendant is in custody, direct the defendant to be discharged from custody;

(2) if the defendant is on bail, direct that the defendant's bail be exonerated; or

(3) if money was deposited instead of bail, direct that it be refunded to the defendant.
Mont. Code Ann. § 46-23-1015 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1015
46-23-1015 Informal probation violation intervention hearing
Status: in_force

46-23-1015 . Informal probation violation intervention hearing. (1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation shall consult the incentives and interventions grid adopted under 46-23-1028 to determine an appropriate response and may initiate an informal probation violation intervention hearing to gain the probationer's compliance with the conditions of probation without a formal revocation hearing under 46-18-203 .

(2) A hearings officer designated by the department shall conduct the intervention hearing.

(3) If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer shall consult the incentives and interventions grid and determine an appropriate response, including whether to:

(a) order the probationer to serve, or receive credit for serving, up to 30 days in detention;

(b) recommend electronic monitoring or day reporting for up to a 90-day period;

(c) recommend placement in a community corrections facility or program for up to a 90-day period, 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; or

(d) direct the probation and parole officer to initiate a petition for revocation under 46-18-203 , if the violation is not a compliance violation or if it is a compliance violation and appropriate responses under the incentives and interventions grid have been exhausted.

(4) If the hearings officer recommends a response under subsection (3)(b), the hearings officer shall notify the probationer of the recommendation and of the probationer's right to instead have the matter referred by petition for a revocation hearing under 46-18-203 .

(5) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime do not apply to a probationer ordered to be held in a county detention center or other facility under this section.

(6) All sanction and placement decisions must be documented in the offender's file.
Mont. Code Ann. § 46-24-212 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-212
46-24-212 Information concerning confinement
Status: in_force

46-24-212 . Information concerning confinement. On request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:

(1) promptly inform the victim of the following information concerning a prisoner committing the offense:

(a) the custody level;

(b) the projected discharge or parole eligibility date;

(c) the actual date of the prisoner's discharge from confinement or parole, if reasonably ascertainable;

(d) the time and place of a parole hearing concerning the prisoner, the victim's right to submit a statement to the board of pardons and parole or the hearing panel conducting a parole hearing under 46-23-202 , and the victim's right under 46-23-215 , 46-23-509 , or 46-23-1011 to request a condition of parole or probation to require the prisoner to refrain from direct or indirect contact with the victim; and

(e) the community in which the prisoner will reside after parole;

(2) provide reasonable advance notice to the victim before release of the defendant on furlough or to a work-release program, halfway house, or other community-based program or correctional facility; and

(3) promptly inform the victim of the occurrence of any of the following events concerning the prisoner:

(a) an escape from a correctional or mental health facility or community program;

(b) a recapture;

(c) a decision of the board of pardons and parole;

(d) a decision of the governor to commute the sentence or to grant executive clemency;

(e) a release from confinement and any conditions attached to the release; and

(f) the prisoner's death.
Mont. Code Ann. § 46-19-305 — MT Code / Title 46 / Chapter 19 / Part 3 / Section 46-19-305
46-19-305 Hearings requested by other states
Status: in_force

46-19-305 . Hearings requested by other states. The board of pardons and parole and the department of corrections shall hold hearings as may be requested by any other party state pursuant to Article IV(6) of the Western Interstate Corrections Compact.
Mont. Code Ann. § 46-11-332 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-332
46-11-332 Presenting the indictment
Status: in_force

46-11-332 . Presenting the indictment. (1) An indictment, when found by the grand jury, must be signed by and presented by the lead juror to the district court in the presence of the grand jury and must be filed with the clerk. The district court shall then issue an arrest warrant or summons for the defendant.

(2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.
Mont. Code Ann. § 46-18-608 — MT Code / Title 46 / Chapter 18 / Part 6 / Section 46-18-608
46-18-608 Motion to vacate conviction -- human trafficking victims
Status: in_force

46-18-608 . Motion to vacate conviction -- human trafficking victims. (1) On the motion of a person, a court may vacate a person's conviction of prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or another nonviolent offense if the court finds that the person's participation in the offense was a direct result of having been a victim of human trafficking or of sex trafficking under the federal Trafficking Victims Protection Act, 22 U.S.C. 7103 through 7112.

(2) The motion must:

(a) be made within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable concerns for the safety of the person, family members of the person, or other victims of human trafficking who could be jeopardized by filing a motion under this section; and

(b) state why the facts giving rise to the motion were not presented to the court during the prosecution of the person.

(3) No official determination or documentation is required to grant a motion by a person under this section, but official documentation from a local government or a state or federal agency of the person's status as a victim of human trafficking creates a rebuttable presumption that the person's participation in the offense was a direct result of having been a victim of human trafficking.

(4) If a court vacates a conviction under this section, the court shall:

(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice accompanied by a form prepared by the department of justice and containing identifying information about the person; and

(b) inform the person whose conviction has been vacated under this section that the person may be eligible for certain state and federal programs and services and provide the person with information for contacting appropriate state and federal victim services organizations. After the conviction is vacated, all records and data relating to the conviction are confidential criminal justice information, as defined in 44-5-103 , and public access to the information may be obtained only by district court order upon good cause shown.

(5) For the purposes of this section, the term "human trafficking" has the meaning provided in 45-5-701 .
Mont. Code Ann. § 46-15-330 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-330
46-15-330 Investigation not to be impeded
Status: in_force

46-15-330 . Investigation not to be impeded. Except as to matters to which discovery is restricted and except as to the defendant's counsel advising the defendant, a party or agent of a party may not discourage or obstruct communication between any person and any party or otherwise obstruct a party's investigation of the case.
Mont. Code Ann. § 46-20-701 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-701
46-20-701 Elements of record court considers on review -- errors noticed
Status: in_force

46-20-701 . Elements of record court considers on review -- errors noticed. (1) Whenever the record on appeal contains any order, ruling, or proceeding of the trial court against the convicted person affecting the convicted person's substantial rights on the appeal of the cause, together with any required objection of the convicted person, the supreme court on that appeal shall consider the orders, rulings, or proceedings and the objections thereto and shall reverse or affirm the cause on the appeal according to the substantial rights of the respective parties, as shown upon the record. A cause may not be reversed by reason of any error committed by the trial court against the convicted person unless the record shows that the error was prejudicial.

(2) Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded. A claim alleging an error affecting jurisdictional or constitutional rights may not be noticed on appeal if the alleged error was not objected to as provided in 46-20-104 , unless the convicted person establishes that the error was prejudicial as to the convicted person's guilt or punishment and that:

(a) the right asserted in the claim did not exist at the time of the trial and has been determined to be retroactive in its application;

(b) the prosecutor, the judge, or a law enforcement agency suppressed evidence from the convicted person or the convicted person's attorney that prevented the claim from being raised and disposed of; or

(c) material and controlling facts upon which the claim is predicated were not known to the convicted person or the convicted person's attorney and could not have been ascertained by the exercise of reasonable diligence.
Mont. Code Ann. § 46-11-310 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-310
46-11-310 Duties of grand jurors
Status: in_force

46-11-310 . Duties of grand jurors. The grand jury shall inquire into those matters as directed by the court summoning the jury and shall inquire into other matters as presented by the prosecutor.
Mont. Code Ann. § 46-19-301 — MT Code / Title 46 / Chapter 19 / Part 3 / Section 46-19-301
46-19-301 Western Interstate Corrections Compact -- contents
Status: in_force

46-19-301 . Western Interstate Corrections Compact -- contents. The Western Interstate Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:

WESTERN INTERSTATE CORRECTIONS COMPACT

ARTICLE I

PURPOSE AND POLICY

The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on the basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(1) "state" means a state of the United States or, subject to the limitation contained in Article VII, Guam;

(2) "sending state" means a state party to this compact in which conviction was had;

(3) "receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had;

(4) "inmate" means a male or female, as defined in 1-1-201 , offender who is under sentence to or confined in a prison or other correctional institution;

(5) "institution" means any prison, reformatory, or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.

ARTICLE III

CONTRACTS

(1) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(a) its duration;

(b) payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;

(c) participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;

(d) delivery and retaking of inmates;

(e) such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.

(2) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percent of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity or provision of equipment or structures and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(3) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

(1) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in or transfer of an inmate to an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(2) The appropriate officials of any state party to this compact shall have access at all reasonable times to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(4) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state in order that each inmate may have the benefit of the inmate's record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(5) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subsection shall be borne by the sending state.

(7) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits, incur or be relieved of any obligations, or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the person's exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE -- EXTRADITION

(1) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(2) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto, and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that, if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon, and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon, and Washington.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 2 years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates or to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 46-12-102 — MT Code / Title 46 / Chapter 12 / Part 1 / Section 46-12-102
46-12-102 Place of arraignment
Status: in_force

46-12-102 . Place of arraignment. The defendant must be arraigned in the court that has trial jurisdiction of the charge.
Mont. Code Ann. § 46-20-504 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-504
46-20-504 Superseded
Status: in_force

46-20-504 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-30-215 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-215
46-30-215 Execution of warrant
Status: in_force

46-30-215 . Execution of warrant. The governor's warrant of arrest and rendition must authorize the peace officer or other person to whom it is directed to arrest the accused at any time and any place where the accused may be found within the state, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the requisitioning state.
Mont. Code Ann. § 46-23-203 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-203
46-23-203 Information from prison officials
Status: in_force

46-23-203 . Information from prison officials. It shall be the duty of all prison officials to grant to the members of the board or its properly accredited representatives access at all reasonable times to any prisoner over whom the board has jurisdiction under parts 1, 2, 3, and 10 of this chapter, to provide for the board or such representatives facilities for communicating with and observing such prisoner, and to furnish to the board such reports as the board shall require concerning the conduct and character of any prisoner in their custody and any other facts deemed by the board pertinent in determining whether such prisoner shall be paroled.
Mont. Code Ann. § 46-19-204 — MT Code / Title 46 / Chapter 19 / Part 2 / Section 46-19-204
46-19-204 Proceedings following determination regarding pregnancy
Status: in_force

46-19-204 . Proceedings following determination regarding pregnancy. If it is found by the inquiry referred to in 46-19-203 that the woman is not pregnant, the warden of the Montana state prison shall execute the judgment. If it is found that the woman is pregnant, the warden shall suspend the execution of judgment and transmit the inquisition to the governor. When the governor is satisfied that the woman is no longer pregnant, the governor may issue a death warrant appointing a day for the execution of the judgment. The warrant must recite the conviction, the judgment, the method of execution, that execution of judgment was suspended due to pregnancy, that the governor is satisfied that the woman is no longer pregnant, the appointed date for the execution, and the duration of the warrant.
Mont. Code Ann. § 46-4-207 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-207
46-4-207 Coroner's register
Status: in_force

46-4-207 . Coroner's register. The county coroner shall keep an official register, in which the coroner shall enter the date of holding all inquests, the cause and circumstances of death, if known, and the name of the deceased, when known, and, when not, a description of the deceased that may be sufficient for identification.
Mont. Code Ann. § 46-18-601 — MT Code / Title 46 / Chapter 18 / Part 6 / Section 46-18-601
46-18-601 Judgment in writing -- lien
Status: in_force

46-18-601 . Judgment in writing -- lien. (1) The judgment shall be reduced to writing and signed by the judge.

(2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate of the defendant, which lien dates from the date of the defendant's arrest.
Mont. Code Ann. § 46-4-304 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-304
46-4-304 Conduct of investigative inquiry
Status: in_force

46-4-304 . Conduct of investigative inquiry. (1) The prosecutor may examine under oath all witnesses subpoenaed pursuant to this part. Testimony must be recorded. The witness has the right to have counsel present at all times. If the witness does not have funds to obtain counsel, the judge or justice shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel.

(2) The secrecy and disclosure provisions relating to grand jury proceedings apply to proceedings conducted under subsection (1). A person who divulges the contents of the application or the proceedings without legal privilege to do so is punishable for contempt of court.

(3) All penalties for perjury or preparing, submitting, or offering false evidence apply to proceedings conducted under this part.
Mont. Code Ann. § 46-14-302 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-302
46-14-302 Discharge or release upon motion of director
Status: in_force

46-14-302 . Discharge or release upon motion of director. (1) If the director of the department of public health and human services believes that a person committed to the director's custody under 46-14-301 may be discharged or released on condition without danger to the person or others because the person no longer suffers from a mental disease or disorder that causes the person to present a substantial risk of serious bodily injury or death to the person or others, a substantial risk of an imminent threat of physical injury to the person or others, or a substantial risk of substantial property damage, the director shall make application for the discharge or release of the person in a report to the district court by which the person was committed unless that court transfers jurisdiction to the court in the district in which the person has been placed and shall send a copy of the application and report to the prosecutor of the county from which the person was committed.

(2) Either the director of the department of public health and human services or the person may also make application to the court for discharge or release as part of the person's annual treatment review.

(3) The court shall then appoint at least one person who is a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to examine the person and to report as to the person's mental condition within 60 days or a longer period that the court determines to be necessary for the purpose. To facilitate the examinations and the proceedings on the examinations, the court may have the person confined in any mental health facility located near the place where the court sits that may be designated by the director of the department of public health and human services as suitable for the temporary detention of persons suffering from mental disease or disorder.

(4) The committed person or the person's attorney may secure a professional person of the committed person's choice to examine the committed person and to testify at the hearing. If the person wishing to secure the testimony of a professional person is unable to do so because of financial reasons, the court shall appoint an additional professional person to perform the examination. Whenever possible, the court shall allow the committed person or the person's attorney a reasonable choice of an available professional person qualified to perform the requested examination. The professional person must be compensated by the department of public health and human services.

(5) If the court is satisfied by the report filed under subsection (1) and the testimony of the reporting psychiatrist, licensed clinical psychologist, or advanced practice registered nurse that the committed person may be discharged or released on condition because the person no longer suffers from a mental disease or disorder that causes the person to present a substantial risk of serious bodily injury or death to the person or others, a substantial risk of an imminent threat of physical injury to the person or others, or a substantial risk of substantial property damage, the court shall order the person's discharge.

(6) (a) If the court is not satisfied, it shall promptly order a hearing to determine whether the person may safely be discharged or released on the grounds that the person no longer suffers from a mental disease or disorder that causes the person to present a substantial risk of:

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

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

(iii) substantial property damage.

(b) A hearing is considered a civil proceeding, and the burden is upon the state to prove by clear and convincing evidence that the person may not be safely discharged or released because the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:

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

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

(iii) substantial property damage.

(c) According to the determination of the court upon the hearing, the committed person must then be discharged or released on conditions that the court determines to be necessary or must be recommitted to the custody of the director of the department of public health and human services, subject to discharge or release only in accordance with the procedures provided in 46-14-303 and this section.
Mont. Code Ann. § 46-17-302 — MT Code / Title 46 / Chapter 17 / Part 3 / Section 46-17-302
46-17-302 Execution of judgment
Status: in_force

46-17-302 . Execution of judgment. (1) The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted.

(2) When a judgment of imprisonment is entered, a certified copy of the judgment must be delivered to the sheriff or other officer, which is a sufficient warrant for its execution.

(3) If a judgment is rendered imposing a fine only without imprisonment for nonpayment and the offender is not detained for any other legal cause, the offender must be discharged as soon as the judgment is given.

(4) A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.

(5) Any officer charged with the collection of fines under the provisions of this chapter shall return the execution to the judge within 30 days from its delivery to the officer and pay the money collected to the judge after deducting the officer's fees for the collection.
Mont. Code Ann. § 46-12-201 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-201
46-12-201 Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception
Status: in_force

46-12-201 . Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception. (1) Arraignment must be conducted in open court and must consist of reading the charge to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead to the charge. The defendant must be given a copy of the charging document before being called upon to plead. For purposes of this chapter, an arraignment that is conducted by the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party to be seen, is considered to be an arraignment in open court.

(2) The court shall inquire of the defendant or the defendant's counsel the defendant's true name, and if the defendant's true name is given as any other than that used in the charge, the court shall order the defendant's name to be substituted for the name under which the defendant is charged.

(3) The court shall determine whether the defendant is under any disability that would prevent the court, in its discretion, from proceeding with the arraignment. The arraignment may be continued until the court determines the defendant is able to proceed.

(4) Whenever the law requires that a defendant in a misdemeanor or felony case be taken before a court for an arraignment, this requirement may be satisfied by two-way electronic audio-video communication 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 so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant's counsel be in the defendant's physical presence during the two-way electronic audio-video communication.

(5) A judge may order a defendant's physical appearance in court for arraignment. In a felony case, a judge may not accept a plea of guilty or nolo contendere from a defendant unless the defendant is physically present in the courtroom or is appearing before the court by means of two-way electronic audio-video communication.
Mont. Code Ann. § 46-18-1104 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1104
46-18-1104 Eligibility for misdemeanor expungement
Status: in_force

46-18-1104 . Eligibility for misdemeanor expungement. (1) A person convicted of one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had the person's records expunged under this part previously, may petition a district court for an order requiring the expungement of all records of arrest, investigation, and detention, if any, and any court proceedings that may have been held related to the misdemeanor offense or offenses.

(2) A person may petition for expungement pursuant to this part no more than one time during the person's life.

(3) A person submitting a petition for expungement under this part must be fingerprinted for purposes of validating the person's identity.
Mont. Code Ann. § 46-30-101 — MT Code / Title 46 / Chapter 30 / Part 1 / Section 46-30-101
46-30-101 Definitions
Status: in_force

46-30-101 . Definitions. As used in this chapter, the term:

(1) "executive authority" includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a federally recognized Indian tribe within the United States;

(2) "governor" includes any person performing the functions of governor by authority of the law of this state;

(3) "governor's warrant of arrest and rendition" refers to the warrant issued by the governor authorizing the extradition of the person to another state;

(4) "requisition" refers to the formal, written extradition demand in the form of a warrant issued by the governor or by the executive authority of a demanding state;

(5) "state", when referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the United States;

(6) "waiver of extradition" means a written agreement stipulating the person's consent to be transported to a demanding state through a voluntary waiver of the person's right to provisions relating to bail, the issuance and service of the governor's warrant of arrest and rendition, and the right to obtain a writ of habeas corpus.
Mont. Code Ann. § 46-23-1005 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1005
46-23-1005 Misdemeanor probation offices -- misdemeanor probation officers -- costs
Status: in_force

46-23-1005 . Misdemeanor probation offices -- misdemeanor probation officers -- costs. (1) A local government may establish a misdemeanor probation office associated with a justice's court, municipal court, or city court. The misdemeanor probation office shall monitor offenders for misdemeanor sentence compliance and restitution payments. An offender is considered a fugitive under the conditions provided in 46-23-1014 .

(2) A local government may appoint or contract with a private Montana entity for the provision of misdemeanor probation officers and other employees necessary to administer this section. Misdemeanor probation officers:

(a) must have the minimum training required in 46-23-1003 ; and

(b) shall follow the supervision guidelines required in 46-23-1011 .

(3) A publicly employed misdemeanor probation officer may order the arrest of an offender as provided in 46-23-1012 .

(4) An offender who is convicted of the offense of partner or family member assault under 45-5-206 or of a violation of an order of protection under 45-5-626 and who is ordered to be supervised by misdemeanor probation must be ordered to pay for the cost of the misdemeanor probation. The actual cost of probation supervision over the offender's sentence must be paid by the offender unless the offender can show that the offender is unable to pay those costs. The costs of misdemeanor probation are in addition to any other fines, restitution, or counseling ordered.
Mont. Code Ann. § 46-5-114 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-114
46-5-114 Displaying electronic license
Status: in_force

46-5-114 . Displaying electronic license. Displaying an electronic license on an electronic device or handing an electronic device displaying an electronic license to a peace officer does not constitute consent to a search or seizure of the electronic device.
Mont. Code Ann. § 46-1-202 — MT Code / Title 46 / Chapter 1 / Part 2 / Section 46-1-202
46-1-202 Definitions
Status: in_force

46-1-202 . Definitions. As used in this title, unless the context requires otherwise, the following definitions apply:

(1) "Advanced practice registered nurse" means an individual certified as an advanced practice registered nurse provided for in 37-8-202 , with a clinical specialty in psychiatric mental health nursing.

(2) "Arraignment" means the formal act of calling the defendant into open court to enter a plea answering a charge.

(3) "Arrest" means taking a person into custody in the manner authorized by law.

(4) "Arrest warrant" means a written order from a court directed to a peace officer or to some other person specifically named commanding that officer or person to arrest another. The term includes the original warrant of arrest and a copy certified by the issuing court.

(5) "Bail" means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding.

(6) "Charge" means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment.

(7) "Conviction" means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

(8) "Court" means a place where justice is judicially administered and includes the judge of the court.

(9) "Included offense" means an offense that:

(a) is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(b) consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or

(c) differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

(10) "Judge" means a person who is vested by law with the power to perform judicial functions.

(11) "Judgment" means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court.

(12) "Make available for examination and reproduction" means to make material and information that is subject to disclosure available upon request at a designated place during specified reasonable times and to provide suitable facilities or arrangements for reproducing it. The term does not mean that the disclosing party is required to make copies at its expense, to deliver the materials or information to the other party, or to supply the facilities or materials required to carry out tests on disclosed items. The parties may by mutual consent make other or additional arrangements.

(13) "New trial" means a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered.

(14) "Notice to appear" means a written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense.

(15) "Offense" means a violation of any penal statute of this state or any ordinance of its political subdivisions.

(16) "Parole" means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections.

(17) "Peace officer" means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority.

(18) "Persistent felony offender" means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. At least one of the three felonies must be a sexual offense or a violent offense as those terms are defined in 46-23-502 . An offender is considered to have previously been convicted of two separate felonies if:

(a) the two previous felonies were for offenses that were committed in this state or any other jurisdiction for which a sentence of imprisonment in excess of 1 year could have been imposed;

(b) less than 5 years have elapsed between the commission of the present offense and either:

(i) the most recent of the two felony convictions; or

(ii) the offender's release on parole or otherwise from prison or other commitment imposed as a result of a previous felony conviction; and

(c) the offender has not been pardoned on the ground of innocence and the conviction has not been set aside at a postconviction hearing.

(19) (a) "Persistent felony offender under supervision" means an offender who:

(i) was on conditional release, felony probation, or felony parole at the time the offense for which the offender is presently being sentenced was committed;

(ii) has previously been convicted of two separate felonies; and

(iii) is presently being sentenced for a third felony, except as provided in subsection (19)(c).

(b) An offender is considered to have previously been convicted of two separate felonies if:

(i) the two previous felonies were for offenses that were committed in this state or any other jurisdiction for which a sentence of imprisonment in excess of 1 year could have been imposed;

(ii) less than 5 years have elapsed between the commission of the present offense and either:

(A) the most recent of the two felony convictions; or

(B) the offender's release on parole or otherwise from prison or other commitment imposed as a result of a previous felony conviction; and

(iii) the offender has not been pardoned on the ground of innocence and the conviction has not been set aside at a postconviction hearing.

(c) A third felony may not include criminal possession of dangerous drugs pursuant to 45-9-102 , a fourth or subsequent offense of driving under the influence pursuant to 61-8-1002 , or failure to register pursuant to Title 46, chapter 23.

(20) "Place of trial" means the geographical location and political subdivision in which the court that will hear the cause is situated.

(21) "Preliminary examination" means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant.

(22) "Probation" means release by the court without imprisonment of a defendant found guilty of a crime. The release is subject to the supervision of the department of corrections upon direction of the court.

(23) "Prosecutor" means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision.

(24) "Same transaction" means conduct consisting of a series of acts or omissions that are motivated by:

(a) a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

(b) a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person.

(25) "Search warrant" means an order that is:

(a) in writing;

(b) in the name of the state;

(c) signed by a judge;

(d) a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and

(e) directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons.

(26) "Sentence" means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty.

(27) "Statement" means:

(a) a writing signed or otherwise adopted or approved by a person;

(b) a video or audio recording of a person's communications or a transcript of the communications; and

(c) a writing containing a summary of a person's oral communications or admissions.

(28) "Summons" means a written order issued by the court that commands a person to appear before a court at a stated time and place to answer a charge for the offense set forth in the order.

(29) "Superseded notes" means handwritten notes, including field notes, that have been substantially incorporated into a statement. The notes may not be considered a statement and are not subject to disclosure except as provided in 46-15-324 .

(30) "Temporary road block" means any structure, device, or means used by a peace officer for the purpose of controlling all traffic through a point on the highway where all vehicles may be slowed or stopped.

(31) "Witness" means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.

(32) "Work product" means legal research, records, correspondence, reports, and memoranda, both written and oral, to the extent that they contain the opinions, theories, and conclusions of the prosecutor, defense counsel, or their staff or investigators.
Mont. Code Ann. § 46-15-411 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-411
46-15-411 Payment for medical evidence -- alleged sexual offenses
Status: in_force

46-15-411 . Payment for medical evidence -- alleged sexual offenses. (1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.

(2) (a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).

(b) In administering the provisions of subsection (2)(a), the department shall:

(i) identify priorities for funding services, activities, and criteria for the receipt of program funds;

(ii) monitor the expenditure of funds by organizations receiving funds under this section;

(iii) evaluate the effectiveness of services and activities under this section; and

(iv) adopt rules necessary to implement this subsection (2).

(3) This section does not require a law enforcement agency or the state to pay any costs of treatment for injuries resulting from the alleged offense.
Mont. Code Ann. § 46-30-412 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-412
46-30-412 Restrictions on compensation for assisting return of persons
Status: in_force

46-30-412 . Restrictions on compensation for assisting return of persons. No compensation, fee, or reward of any kind may be paid to or received by a public officer of this state or other person for a service rendered in procuring from the governor the requisition mentioned in 46-30-411 (1), for the surrender of the person, or for conveying the fugitive to this state or detaining the person in this state except as provided in 46-30-411 .
Mont. Code Ann. § 46-16-505 — MT Code / Title 46 / Chapter 16 / Part 5 / Section 46-16-505
46-16-505 Activity of court during jury's absence
Status: in_force

46-16-505 . Activity of court during jury's absence. While the jury is absent, the court may adjourn or conduct other business, but it must be open for every purpose connected with the cause submitted to the jury until a verdict is returned or the jury discharged.
Mont. Code Ann. § 46-18-222 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-222
46-18-222 Exceptions to mandatory minimum sentences, restrictions on deferred imposition and suspended execution of sentence, and restrictions on parole eligibility
Status: in_force

46-18-222 . Exceptions to mandatory minimum sentences, restrictions on deferred imposition and suspended execution of sentence, and restrictions on parole eligibility. Mandatory minimum sentences prescribed by the laws of this state, mandatory life sentences prescribed by 46-18-219 , the restrictions on deferred imposition and suspended execution of sentence prescribed by 45-9-101 (6), 45-9-103 (3), 46-18-201 (1)(b), 46-18-205 , 46-18-221 (3), 46-18-224 , and 46-18-502 (3), and restrictions on parole eligibility prescribed by 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), 45-5-711 , 45-9-101 (6), and 45-9-103 (3) do not apply if:

(1) the offender was less than 18 years of age at the time of the commission of the offense for which the offender is to be sentenced;

(2) the offender's mental capacity, at the time of the commission of the offense for which the offender is to be sentenced, was significantly impaired, although not so impaired as to constitute a defense to the prosecution. However, a voluntarily induced intoxicated or drugged condition may not be considered an impairment for the purposes of this subsection.

(3) the offender, at the time of the commission of the offense for which the offender is to be sentenced, was acting under unusual and substantial duress, although not such duress as would constitute a defense to the prosecution;

(4) the offender was an accomplice, the conduct constituting the offense was principally the conduct of another, and the offender's participation was relatively minor;

(5) except for offenses committed under 45-5-706 and 45-5-711 , in a case in which the threat of bodily injury or actual infliction of bodily injury is an actual element of the crime, no serious bodily injury was inflicted on the victim unless a weapon was used in the commission of the offense; or

(6) the offense was committed under 45-5-502 (3), 45-5-508 , or 45-5-601 (3) and the judge determines, based on the findings contained in a psychosexual evaluation report prepared by a qualified sexual offender evaluator pursuant to the provisions of 46-23-509 , that treatment of the offender while incarcerated, while in a residential treatment facility, or while in a local community affords a better opportunity for rehabilitation of the offender and for the ultimate protection of the victim and society, in which case the judge shall include in its judgment a statement of the reasons for its determination.
Mont. Code Ann. § 46-30-402 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-402
46-30-402 Requisition by governor
Status: in_force

46-30-402 . Requisition by governor. Whenever the governor of this state requisitions a person charged with crime or with escaping from confinement or breaking the terms of the person's bail, probation, or parole in this state from the chief executive of any other state or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive a requisition under the laws of the United States, the governor shall issue a requisition under the seal of this state to some agent commanding the agent to receive the person charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
Mont. Code Ann. § 46-16-503 — MT Code / Title 46 / Chapter 16 / Part 5 / Section 46-16-503
46-16-503 Conduct of jury after retirement -- advice from court
Status: in_force

46-16-503 . Conduct of jury after retirement -- advice from court. (1) When the jury retires to consider its verdict, an officer of the court must be appointed to keep the jurors together and to prevent conversations between the jurors and others.

(2) After the jury has retired for deliberation, if there is any disagreement among the jurors as to the testimony or if the jurors desire to be informed on any point of law arising in the cause, they shall notify the officer appointed to keep them together, who shall then notify the court. The information requested may be given, in the discretion of the court, after consultation with the parties.
Mont. Code Ann. § 46-6-214 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-214
46-6-214 Form and content of arrest warrant
Status: in_force

46-6-214 . Form and content of arrest warrant. (1) An arrest warrant must:

(a) be in writing in the name of the state of Montana or in the name of a municipality if a violation of a municipal ordinance is charged;

(b) set forth the nature of the offense;

(c) command that the person against whom the complaint was made be arrested and brought before the nearest or most accessible court for an initial appearance;

(d) specify the name of the person to be arrested or, if that person's name is unknown, designate the person by any name or description by which the person can be identified with reasonable certainty;

(e) state the date when issued and the municipality or county where issued; and

(f) be signed by the judge of the court with the title of office noted.

(2) The arrest warrant may specify the amount of bail.
Mont. Code Ann. § 46-4-305 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-305
46-4-305 Self-incrimination -- immunity
Status: in_force

46-4-305 . Self-incrimination -- immunity. (1) No person subpoenaed to give testimony pursuant to this part may be required to make a statement or to produce evidence that may be personally incriminating.

(2) The prosecutor may, with the approval of the judge who authorized the issuance of the subpoena, grant a person subpoenaed immunity from the use of any compelled testimony or evidence or any information directly or indirectly derived from the testimony or evidence against that person in a criminal prosecution.

(3) Nothing in this part prohibits a prosecutor from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if the prosecutor determines, in the prosecutor's sole discretion, that the best interest of justice would be served by granting immunity.

(4) After being granted immunity, no person may be excused from testifying on the grounds that the testimony may be personally incriminating. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.

(5) Nothing in this part requires a witness to divulge the contents of a privileged communication unless the privilege is waived as provided by law.
Mont. Code Ann. § 46-5-228 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-228
46-5-228 Procedures assisting in execution of service of search warrant
Status: in_force

46-5-228 . Procedures assisting in execution of service of search warrant. (1) All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person.

(2) The person serving the search warrant may reasonably detain and search any person on the premises being searched at the time of the search, but must do so in the least restrictive manner that is consistent with the safety of the person serving the warrant and anyone assisting that person. The search of persons on the premises is:

(a) for protection of the person serving the warrant and anyone assisting that person; or

(b) to prevent the disposal or concealment of any evidence, contraband, or persons particularly described in the warrant.
Mont. Code Ann. § 46-9-311 — MT Code / Title 46 / Chapter 9 / Part 3 / Section 46-9-311
46-9-311 Reduction, increase, revocation, or substitution of bail
Status: in_force

46-9-311 . Reduction, increase, revocation, or substitution of bail. (1) Upon application by the state or the defendant, the court before which the proceeding is pending may increase or reduce the amount of bail, substitute one bail for another, alter the conditions of the bail, or revoke bail.

(2) Reasonable notice of such application must be given to the opposing parties or their attorneys by the applicant.
Mont. Code Ann. § 46-20-318 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-318
46-20-318 Superseded
Status: in_force

46-20-318 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-6-310 — MT Code / Title 46 / Chapter 6 / Part 3 / Section 46-6-310
46-6-310 Notice to appear
Status: in_force

46-6-310 . Notice to appear. (1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.

(2) The notice must:

(a) be in writing;

(b) state the person's name and address, if known;

(c) set forth the nature of the offense;

(d) be signed by the issuing officer;

(e) direct the person to appear before a court at a certain time and place; and

(f) state that failure to appear may result in the suspension of the person's driver's license.

(3) Upon failure of the person to appear, a summons or arrest warrant may be issued.
Mont. Code Ann. § 46-23-1115 — MT Code / Title 46 / Chapter 23 / Part 11 / Section 46-23-1115
46-23-1115 Interstate Compact for Adult Offender Supervision -- enactment and text -- short title
Status: in_force

46-23-1115 . Interstate Compact for Adult Offender Supervision -- enactment and text -- short title. (1) The Interstate Compact for Adult Offender Supervision is enacted into law as contained in this section and is entered into with any other states legally joining in the compact in substantially the same form as contained in this section.

(2) This section may be cited as the "Interstate Compact for Adult Offender Supervision".

Article I. Purpose

(1) The states entering into this compact recognize that they are responsible for the supervision of offenders who are authorized pursuant to this compact to travel across state lines to and from the compacting states and that the compacting states are responsible for tracking the location of offenders, transferring supervision authority in an orderly and efficient manner, and when necessary, returning an offender to the originating jurisdiction. The compacting states also recognize that Congress has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

(2) It is the purpose of this compact and the commission to provide the framework for the promotion of public safety, to protect the rights of victims through the control and regulation of the interstate movement of offenders, to provide for the effective tracking, supervision, and rehabilitation of offenders by the sending and receiving states, and to equitably distribute the costs, benefits, and obligations of the compact among the compacting states.

(3) This compact creates a commission that will:

(a) establish uniform procedures to manage the movement between states of offenders placed under and released under the jurisdiction of courts, parole officers, correctional institutions, and other criminal justice agencies;

(b) ensure an opportunity for input and timely notice to victims and to jurisdictions where offenders are authorized to travel or to relocate across state lines;

(c) establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils and to state executive, judicial, and legislative branches and criminal justice administrators;

(d) monitor compliance with rules governing the interstate movement of offenders and initiate interventions to address and correct noncompliance; and

(e) coordinate training and education regarding the regulation of interstate movement of offenders for officials involved in that activity.

(4) The compacting states recognize that an offender does not have a right to live in another state and that accredited officers of a sending state may at any time enter a receiving state and apprehend an offender under supervision, subject to the provisions of state laws, this compact, and rules promulgated under this compact. It is the policy of the compacting states that the activities conducted by the commission are the formation of public policies and are therefore public business.

Article II. Definitions

As used in this compact, unless the context clearly requires a different construction, the following definitions apply:

(1) "Adult" means a person legally classified as an adult and a minor treated as an adult by court order or by a statute or other operation of law.

(2) "Commission" means the interstate commission for adult offender supervision.

(3) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article IV of this compact.

(4) "Compact" means the Interstate Compact for Adult Offender Supervision.

(5) "Compact administrator" means the individual in each compacting state, appointed pursuant to Article IV of this compact, who is responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact and rules adopted under this compact.

(6) "Compacting state" means a state that has enacted this compact.

(7) "Department" means the department of corrections.

(8) "Member" means the commissioner of a compacting state or the commissioner's designee, who must be an individual officially connected with the commissioner.

(9) "Noncompacting state" means a state that has not enacted this compact.

(10) "Offender" means an adult subject to supervision as the result of the commission of a criminal offense and released under the jurisdiction of a court, parole officer, correctional institution, or other criminal justice agency.

(11) "State" means a state of the United States, the District of Columbia, or a territorial possession of the United States.

(12) "State council" means the state council for interstate adult offender supervision created pursuant to Article IV of this compact.

Article III. The Compact Commission

(1) There is an interstate commission for adult offender supervision. The commission is a joint agency of the compacting states. The commission has the powers and duties set forth in this compact and any additional powers conferred upon it by subsequent action of the legislatures of the compacting states in accordance with the terms of this compact.

(2) The commission consists of commissioners appointed by resident members of the state councils for the compacting states. The commission also includes individuals appointed by the commission who are not commissioners and who are members of interested organizations. The noncommissioner members must include one member each of national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. Noncommissioner members are ex officio nonvoting members. The commission may provide by rule for additional, ex officio nonvoting members as it considers necessary.

(3) Each compacting state represented at a meeting of the commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by a commission rule.

(4) The commission shall establish an executive committee, which must include commission officers, members, and others as determined by commission rule. The executive committee may act on behalf of the commission when the commission is not in session, except that the executive committee may not adopt commission rules. The executive committee shall conduct the daily activities of the commission, administer enforcement of and compliance with the compact and commission rules, and perform other duties assigned by the commission or set forth in commission rules.

Article IV. The State Council

(1) There is a state council. The state council is composed of:

(a) a house member appointed by the speaker of the house;

(b) a senate member appointed by the president of the senate;

(c) a judge appointed by the chief justice;

(d) the compact administrator; and

(e) a parole officer, a law enforcement officer, and a member of a victim's rights group, each appointed by the director of the department.

(2) State council members serve at the pleasure of the appointing authority.

(3) The state council is attached to the department for administrative purposes only as provided in 2-15-121 .

(4) The governor shall appoint an individual who is knowledgeable concerning the interstate supervision of offenders as the compact administrator. The compact administrator is the compact commissioner and presiding officer of the council.

(5) The state council shall develop policies concerning the operation of the compact within this state. The state council may adopt rules, including rules proposed by the commission for adoption by this state, to implement the compact.

Article V. Powers and Duties of the Commission

The commission may:

(1) adopt a seal and suitable rules governing the management and operation of the commission;

(2) propose rules for adoption by the compacting states;

(3) oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and applicable rules;

(4) enforce compliance with compact provisions and applicable commission rules, using all necessary and proper means, including but not limited to the use of judicial process;

(5) establish and maintain offices;

(6) purchase and maintain insurance and bonds;

(7) borrow, accept, or contract for services of personnel, agents, and consultants;

(8) appoint officers and committees;

(9) establish personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

(10) accept donations and grants of money or services or equipment, supplies, materials, or other personal property;

(11) lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use real or personal property;

(12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of real and personal property;

(13) establish a budget, make expenditures, and levy dues as provided in Article X of this compact;

(14) sue and be sued;

(15) provide by rule for resolution of disputes among compacting states;

(16) report annually to the legislatures, governors, judiciaries, and state councils of the compacting states concerning the activities of the commission, including any recommendations of the commission;

(17) coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in that activity;

(18) establish uniform standards for reporting, collecting, and exchanging data; and

(19) perform other functions that may be necessary or appropriate to achieve the purposes of this compact.

Article VI. Organization and the Operation of the Commission

(1) The commission shall, by a majority vote of the members, adopt rules to govern its conduct and necessary or appropriate to carry out the purposes of the compact, including but not limited to rules:

(a) establishing the fiscal year of the commission;

(b) establishing an executive committee and other necessary committees, providing reasonable standards and procedures for the committees, and governing general and specific delegations of authority or functions to the committees;

(c) providing reasonable procedures for calling and conducting meetings of the commission;

(d) establishing the titles and responsibilities of the officers of the commission;

(e) establishing personnel policies for commission staff;

(f) providing a mechanism for concluding the operations of the commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and other obligations;

(g) providing transition rules for initial administration of the compact;

(h) establishing standards and procedures for compliance and technical assistance in carrying out the compact;

(i) providing for notice to offenders' victims and an opportunity for the victims to be heard;

(j) relating to offender registration and compliance;

(k) relating to violations by and return of offenders;

(l) establishing offender transfer procedures and forms;

(m) providing standards for offender eligibility for transfer;

(n) providing for the collection of restitution and fees from offenders;

(o) providing for data collection and reporting;

(p) establishing the level of offender supervision to be provided by a receiving state;

(q) providing for mediation, arbitration, and other methods of dispute resolution; and

(r) establishing conditions and procedures under which commission records are available to the public for inspection or copying. The rules may exempt records from disclosure that would adversely affect personal privacy rights or proprietary interests. The rules may make available to law enforcement agencies records and information otherwise exempt from disclosure, and the commission may enter into agreements with law enforcement agencies to exchange records and information otherwise exempt from disclosure.

(2) The commission's initial rules must be adopted within 12 months of the commission's first meeting.

(3) (a) The commission shall, by a majority vote of the members, elect from among its members a presiding officer and a vice presiding officer, each of whom has the powers and duties specified in commission rules. The presiding officer or the vice presiding officer in the event of the presiding officer's absence or disability shall preside at all meetings of the commission. The presiding officer and vice presiding officer shall serve without compensation or remuneration from the commission other than, subject to the availability of budgeted funds, reimbursement for actual and necessary costs and expenses incurred in the performance of their duties.

(b) The commission shall, through its executive committee, appoint an executive director for a term and upon conditions and for compensation that the commission considers appropriate. The executive director shall serve as secretary to the commission and shall hire and supervise staff as authorized by the commission. A member may not be appointed as executive director.

(4) The commission shall maintain its books and records in accordance with commission rules.

(5) (a) Except for a claim arising from intentional conduct or gross negligence, the members, officers, executive director, and employees of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for personal injury or property damage arising out of an act, error, or omission that occurred within the course and scope of commission employment or duties.

(b) The commission shall defend an individual referred to in subsection (5)(a) in any civil action for which the individual is granted immunity under subsection (5)(a).

(c) The commission shall indemnify an individual referred to in subsection (5)(a) in the amount of any settlement obtained against the individual arising out of a civil action for which the individual is granted immunity under subsection (5)(a).

Article VII. Activities of the Commission

(1) The commission may take actions that are consistent with the provisions of this compact.

(2) Except as otherwise provided in this compact and unless a greater percentage is required by commission rule, the commission may act at a commission meeting by an affirmative vote of a majority of the members present.

(3) Each member of the commission may cast a vote and participate in the business and affairs of the commission. A member shall vote in person on behalf of the member's state and may not delegate a vote to another member, except that a state council may appoint another individual, in the absence of the member from that state, to cast a vote on behalf of the member at a specified meeting. The commission's rules may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Voting conducted by telephone or other means of telecommunication or electronic communication is subject to the quorum and majority vote requirements of meetings at which members are present in person.

(4) The commission shall meet at least once during each calendar year. The presiding officer may call additional meetings at any time and shall call a meeting upon the request of a majority of the members.

(5) Except as otherwise provided in this compact or commission rule, public notice must be given of all meetings and all meetings are open to the public. Commission rules closing meetings must be consistent with the principles contained in 5 U.S.C. 552(b). The commission or any committee may close a meeting if it determines by a two-thirds vote that an open meeting would be likely to:

(a) relate solely to the commission's internal personnel practices and procedures;

(b) disclose matters specifically exempted from disclosure by statute;

(c) disclose trade secrets or commercial or financial information that is privileged or confidential;

(d) involve accusing an individual of a crime or formally censuring an individual or disclose information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy;

(e) disclose investigatory records compiled for law enforcement purposes;

(f) disclose information contained in or related to examination, operation, or condition reports prepared by, on behalf of, or for the commission with respect to a regulated entity for the purpose of regulation or supervision of the entity;

(g) disclose information that would significantly endanger the life of an individual or the stability of a regulated entity; or

(h) specifically relate to the commission's issuance of a subpoena or participation in a civil proceeding.

(6) If a meeting is closed under this section, the commission's chief legal officer shall publicly certify that in the officer's opinion, the meeting was properly closed to the public, stating the grounds under subsection (5) for closure of the meeting.

(7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting, actions taken, and the reasons for each action, including a description of each of the views expressed on any item and the roll call or other vote on each action. Any document considered in connection with any action must be included in the minutes or identified in the minutes in a manner reasonably allowing a person to obtain a copy of the document.

(8) The commission shall collect standardized data, as provided in its rules, concerning the interstate movement of offenders. The rules must specify the data to be collected, the means of collection, and data exchange and reporting requirements.

Article VIII. Rulemaking Functions of the Commission

(1) Commission rulemaking must conform to rulemaking criteria contained in this compact and commission rules and must substantially conform to the principles of the federal Administrative Procedure Act and the Federal Advisory Committee Act.

(2) A rule proposed or adopted by the commission is not binding on this state unless adopted by the department.

(3) Upon determination by the commission that an emergency exists, it may promulgate an emergency rule that becomes effective immediately upon adoption. The rule does not bind this state unless the department adopts it as an emergency rule of this state. The commission's emergency rule is effective for 90 days, but the commission may adopt the same rule using the principles referred to in subsection (1).

Article IX. Judicial and Administrative Proceedings Affecting Compact

The courts and executive agencies in each compacting state may enforce this compact and take any action allowed by this compact or other law and necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the commission, the commission must be given a copy of any process served within the time for service on the party or parties served and may intervene in the proceeding.

Article X. Finance

(1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The commission shall levy an annual assessment on each compacting state to cover the cost of the internal operations and activities of the commission and its staff. The total aggregate annual assessment on the compact states combined must be allocated among those states based upon a formula contained in a commission rule, taking into consideration the population of each state and the volume of interstate movement of offenders in each state. Each state council shall present its state's annual assessment to its legislature for an appropriation funding that amount.

(3) The commission may not incur a financial obligation prior to securing funds adequate to meet the obligation.

(4) The commission shall keep accurate accounts of all receipts and disbursements. A commission rule must provide for an annual audit of the receipts and disbursements by a certified or licensed public accountant, and the audit report must be included in the commission's annual report.

Article XI. Effective Date of Compact and Amendments

(1) This compact is effective and binding upon the later of July 1, 2001, or the enactment of the compact into law by 35 states. After that date, the compact is effective as to and binding upon a state upon enactment of the compact into law by that state.

(2) Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment is effective upon enactment into law by unanimous consent of the compacting states.

Article XII. Withdrawal, Default, Termination, and Judicial Enforcement

(1) (a) A compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law.

(b) The effective date of withdrawal is the effective date of the repeal.

(c) A compact administrator shall immediately notify the presiding officer of the commission in writing upon the introduction of legislation for the repeal of this compact. The commission shall notify the other compacting states of the intent to withdraw within 60 days of the commission's receipt of the notice.

(d) A withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.

(2) (a) If the commission determines that a compacting state has defaulted in the performance of its obligations or responsibilities under this compact, the commission may, as provided in commission rules, impose one or more of the following penalties:

(i) reasonable fines, fees, and costs;

(ii) remedial training and technical assistance as directed by the commission;

(iii) suspension or termination of participation in the compact. Suspension or termination may be imposed only after all other reasonable means of securing compliance have been exhausted. The commission shall give immediate notice of suspension or termination to the governor, the chief justice, the majority and minority leaders of each house of the legislature, and the state council.

(b) The commission shall immediately notify the defaulting state in writing of any other penalty imposed by the commission. The commission shall stipulate the conditions and the time period for the state to cure its default. If the state fails to cure the default under the conditions or within the time period specified by the commission and the penalty imposed was not suspension or termination of participation in the compact, the commission may suspend or terminate participation in the compact.

(c) A defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of a suspension or termination of participation, including obligations the performance of which extends beyond the effective date of the suspension or termination.

(d) The commission may not assume any assessments, obligations, or liabilities of a defaulting state except as agreed upon between the commission and the defaulting state. Reinstatement following a suspension or termination of participation in the compact must be by commission approval as provided in the commission's rules.

(3) The commission may, by a majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the commission, in the federal district where the commission has its offices against a compacting state in default to enforce compliance with the provisions of the compact or applicable rules. The prevailing party is entitled to all costs of litigation, including reasonable attorney fees.

(4) (a) The compact is dissolved effective upon the date that membership in the compact is reduced to one state because of withdrawals and terminations of participation.

(b) Upon dissolution of the compact, the compact is null and of no further force or effect, except that the business and affairs of the commission must be settled and any surplus funds must be distributed in accordance with applicable rules.

Article XIII. Severability and Construction

(1) The provisions of this compact are severable, and if a provision is invalid, the remaining provisions remain valid.

(2) This compact must be liberally constructed to effectuate its purposes.

Article XIV. Advisory Opinions

Upon the request of a party to a conflict over the meaning or interpretation of a commission action and upon a majority vote of the compacting states, the commission may issue an advisory opinion regarding the meaning or interpretation.
Mont. Code Ann. § 46-18-1109 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1109
46-18-1109 Procedure
Status: in_force

46-18-1109 . Procedure. (1) The court must make its determination for an expungement on a preponderance of the evidence.

(2) A presumption in favor of expungement may be overcome upon a determination that the interests of public safety demand dismissal.

(3) If a representative of a prosecution office appears, the representative must be given an opportunity to respond.

(4) If a victim appears, the victim must be given an opportunity to respond.

(5) (a) The rules of evidence do not apply in an expungement hearing.

(b) The court may exclude irrelevant, immaterial, or unduly repetitious evidence.
Mont. Code Ann. § 46-4-105 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-105
46-4-105 Medical examiner state special revenue account
Status: in_force

46-4-105 . Medical examiner state special revenue account. (1) There is an account in the state special revenue fund established by 17-2-102 to be known as the medical examiner account.

(2) Fees for services rendered pursuant to 46-4-103 or other fees acquired by the medical examiner system must be deposited in the account.

(3) Funds in the account may be used only for the operation and administration of state forensic laboratories.
Mont. Code Ann. § 46-24-206 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-206
46-24-206 Property return -- right to be heard on disposition of evidence
Status: in_force

46-24-206 . Property return -- right to be heard on disposition of evidence. (1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.

(2) Before the destruction, disposal, or use of evidence that is not the victim's property, the court shall, as provided in 46-5-308 , give the victim an opportunity to be heard as to the appropriate disposition of the evidence.
Mont. Code Ann. § 46-23-206 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-206
46-23-206 Enforcement of subpoenas by court
Status: in_force

46-23-206 . Enforcement of subpoenas by court. In case of contumacy by or refusal of any person to obey a subpoena issued to such person, any member of the board or duly authorized representative of any of them may make application to any court of record of this state and such court shall have jurisdiction to issue to such person an order requiring such person to appear before the board and there to produce evidence if so ordered or there to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by said court as a contempt thereof.
Mont. Code Ann. § 46-18-207 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-207
46-18-207 Sexual offender treatment
Status: in_force

46-18-207 . Sexual offender treatment. (1) Upon sentencing a person convicted of a sexual offense, as defined in 46-23-502 , the court shall designate the offender as a level 1, 2, or 3 offender pursuant to 46-23-509 .

(2) (a) Except as provided in subsection (2)(b), the court shall order an offender convicted of a sexual offense, as defined in 46-23-502 , except an offense under 45-5-301 through 45-5-303 , and sentenced to imprisonment in a state prison to:

(i) enroll in and successfully complete the educational phase of the prison's sexual offender treatment program;

(ii) if the person has been or will be designated as a level 3 offender pursuant to 46-23-509 , enroll in and successfully complete the cognitive and behavioral phase of the prison's sexual offender treatment program; and

(iii) if the person is sentenced pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 and is released on parole, remain in an outpatient sexual offender treatment program for the remainder of the person's life.

(b) A person who has been sentenced to life imprisonment without possibility of release may not participate in treatment provided pursuant to this section.

(3) A person who has been ordered to enroll in and successfully complete a phase of a state prison's sexual offender treatment program is not eligible for parole unless that phase of the program has been successfully completed as certified by a sexual offender evaluator to the board of pardons and parole.

(4) (a) Except for an offender sentenced pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 , during an offender's term of commitment to the department of corrections or a state prison, the department may place the person in a residential sexual offender treatment program approved by the department under 53-1-203 .

(b) If the person successfully completes a residential sexual offender treatment program approved by the department of corrections, the remainder of the term must be served on probation unless the department petitions the sentencing court to amend the original sentencing judgment.

(5) If, following a conviction for a sexual offense as defined in 46-23-502 , any portion of a person's sentence is suspended, during the suspended portion of the sentence the person:

(a) shall abide by the standard conditions of probation established by the department of corrections;

(b) shall pay the costs of imprisonment, probation, and any sexual offender treatment if the person is financially able to pay those costs;

(c) may have no contact with the victim or the victim's immediate family unless approved by the victim or the victim's parent or guardian, the person's therapists, and the person's probation officer;

(d) shall comply with all requirements and conditions of sexual offender treatment as directed by the person's sex offender therapist;

(e) may not enter an establishment where alcoholic beverages are sold for consumption on the premises or where gambling takes place;

(f) may not consume alcoholic beverages;

(g) shall enter and remain in an aftercare program as directed by the person's probation officer;

(h) shall submit to random or routine drug and alcohol testing;

(i) may not possess pornographic material or access pornography through the internet; and

(j) at the discretion of the probation and parole officer, may be subject to electronic monitoring or continuous satellite monitoring.

(6) The sentencing of a sexual offender is subject to 46-18-202 (2) and 46-18-219 .

(7) The sentencing court may, upon petition by the department of corrections, modify a sentence of a sexual offender to impose any part of a sentence that was previously suspended.
Mont. Code Ann. § 46-18-130 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-130
46-18-130 Terminated
Status: in_force

46-18-130 . Terminated. Sec. 5, Ch. 306, L. 1995.
Mont. Code Ann. § 46-4-205 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-205
46-4-205 Verdict of jury -- form
Status: in_force

46-4-205 . Verdict of jury -- form. (1) The jury may view the body, and the county attorney may require the jury to view the body. The jury shall review the death scene and may do so by videotape, photographs, or slide transparencies. After viewing the body and the death scene and hearing the testimony, the jury shall render its verdict, which must be by majority vote, and certify the verdict in writing signed by each juror.

(2) (a) The verdict must set forth:

(i) who the deceased person is;

(ii) when and where the deceased died;

(iii) if the deceased died by criminal means; and

(iv) if the deceased was killed or the deceased's death was occasioned by the act of another by criminal means, who committed the act, if known.

(b) If the jury finds that the death was not by criminal means, that fact must be stated on the verdict form.

(c) If evidence presented at the inquest supports a conclusion that the deceased engaged police in a deadly force encounter as a method of suicide, the jury shall indicate on the form that the deceased died by suicide through law enforcement intervention.
Mont. Code Ann. § 46-14-205 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-205
46-14-205 Access to defendant for examination
Status: in_force

46-14-205 . Access to defendant for examination. If either the defendant or the prosecution wishes the defendant to be examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse selected by the one proposing the examination in order to determine the defendant's fitness to proceed or whether the defendant had, at the time the offense was committed, a particular state of mind that is an essential element of the offense, the examiner must be permitted to have reasonable access to the defendant for the purpose of the examination.
Mont. Code Ann. § 46-24-103 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-103
46-24-103 Duty of attorney general
Status: in_force

46-24-103 . Duty of attorney general. The attorney general shall ensure that victims and witnesses of crime receive fair and proper treatment in the criminal justice system. The attorney general shall prepare a written notice of the rights and services available to victims of crime under this chapter. The notice must be distributed to local law enforcement agencies in the state. In addition, the attorney general shall ensure that victims and witnesses are provided important services and assistance as required under this chapter.
Mont. Code Ann. § 46-20-203 — MT Code / Title 46 / Chapter 20 / Part 2 / Section 46-20-203
46-20-203 Superseded
Status: in_force

46-20-203 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-22-103 — MT Code / Title 46 / Chapter 22 / Part 1 / Section 46-22-103
46-22-103 Writ for purpose of bail
Status: in_force

46-22-103 . Writ for purpose of bail. When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas corpus for the purpose of giving bail upon averring that fact in the person's petition, without alleging that the person is illegally confined.
Mont. Code Ann. § 46-18-104 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-104
46-18-104 Definitions
Status: in_force

46-18-104 . Definitions. As used in 46-18-101 , 46-18-105 , 46-18-201 , 46-18-225 , and this section, unless the context requires otherwise, the following definitions apply:

(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303 .

(2) (a) "Crime of violence" means:

(i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;

(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or

(iii) an offense under:

(A) 45-5-215 ;

(B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;

(C) 45-5-503 , except as provided in subsection (2)(b) of this section;

(D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;

(E) 45-5-508 ;

(F) 45-5-702 ;

(G) 45-5-703 ;

(H) 45-5-705 ;

(I) 45-5-706 ;

(J) 45-5-711 ; or

(K) 45-5-802 (1).

(b) In a prosecution under 45-5-503 , if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.

(3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.

(4) "Restorative justice" has the meaning provided in 44-7-302 .
Mont. Code Ann. § 46-18-250 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-250
46-18-250 Victim's location unknown -- payments to restitution fund -- use of restitution fund
Status: in_force

46-18-250 . (Temporary) Victim's location unknown -- payments to restitution fund -- use of restitution fund. (1) If the location of a victim on whose behalf restitution is being paid is unknown, the court may order that restitution payments made on that victim's behalf be deposited in a fund known as the county restitution fund. Subject to the availability of money in the fund, if the location of a victim whose restitution payments were deposited in the county restitution fund becomes known, the county shall refund to the victim payments that were deposited in the fund.

(2) Money in the restitution fund may be used to provide payments on behalf of offenders who are ordered to pay restitution but, because of circumstances beyond their control, are unable to obtain employment or are unable to obtain employment sufficient to make restitution payments and sustain themselves and their dependents. The offender may perform community service, and for each hour of community service performed, the victim must receive an amount equal to the minimum hourly wage from the county restitution fund. A judge may order an offender to perform community service work for restitution payments upon a finding that the offender would not otherwise be able to make restitution payments and that there are funds available in the county restitution fund for payments to the victim.

(3) Money in the county restitution fund that is due to a victim under this part 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 if payments have been made to or on behalf of the victim from the state. Payment from the county restitution fund to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 may be made only from money paid by the offender who caused the injury or death that resulted in the payment from the account. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 46-6-213 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-213
46-6-213 Form and content of summons
Status: in_force

46-6-213 . Form and content of summons. (1) When authorized to issue an arrest warrant, a court may instead issue a summons.

(2) A summons may be served personally or by first-class mail.

(3) The summons must:

(a) be in writing in the name of the state of Montana or in the name of the municipality if the violation of a municipal ordinance is charged;

(b) state the name of the person summoned and that person's address, if known;

(c) set forth the nature of the offense;

(d) state the date when issued and the municipality or county where issued;

(e) be signed by the judge of the court with the title of office noted; and

(f) command the person to appear before a court at a certain time and place.

(4) The summons must plainly state that, upon failure to appear following the service of summons, an arrest warrant must be issued immediately or, if the service is made to a corporation, that a plea of not guilty will be entered.
Mont. Code Ann. § 46-6-212 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-212
46-6-212 Failure to appear following summons or notice to appear
Status: in_force

46-6-212 . Failure to appear following summons or notice to appear. (1) If, after the issuance of a summons or notice to appear, the judge becomes satisfied that the person has not appeared or will not appear as commanded, the judge may at once issue an arrest warrant.

(2) If after being summoned the corporation does not appear, a plea of not guilty must be entered in accordance with 46-12-204 and the matter must proceed to trial and judgment without further process.
Mont. Code Ann. § 46-16-502 — MT Code / Title 46 / Chapter 16 / Part 5 / Section 46-16-502
46-16-502 View of relevant place or property
Status: in_force

46-16-502 . View of relevant place or property. When the court considers it proper that the jury view any place or personal property pertinent to the case, it will order the jury to be conducted in a body under the custody of the sheriff or bailiff to view the place or personal property in the presence of the court, the prosecutor, the defendant, and the defendant's counsel. The place or personal property will be shown them by a person appointed by the court for that purpose, and they may personally inspect the place or personal property. The sheriff or bailiff must be sworn to allow no person to speak or otherwise communicate with the jury or to personally communicate with the jury on any subject connected with the trial and to return them into the courtroom without unnecessary delay or at a specified time, as the court may direct.
Mont. Code Ann. § 46-16-605 — MT Code / Title 46 / Chapter 16 / Part 6 / Section 46-16-605
46-16-605 Verdict of not guilty -- when defendant discharged
Status: in_force

46-16-605 . Verdict of not guilty -- when defendant discharged. If a verdict of not guilty is returned and the defendant is not detained for any other legal cause, the defendant must be discharged as soon as the judgment is given.
Mont. Code Ann. § 46-3-115 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-115
46-3-115 Offense consummated within the state
Status: in_force

46-3-115 . Offense consummated within the state. Except as provided in 46-3-110 (2), if an offense is committed partly within this state, the offense may be charged in any county where an act requisite to the commission of the offense is committed or continued.
Mont. Code Ann. § 46-30-301 — MT Code / Title 46 / Chapter 30 / Part 3 / Section 46-30-301
46-30-301 Arrest of accused without warrant
Status: in_force

46-30-301 . Arrest of accused without warrant. The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of 1 year or more. When arrested under this section, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as provided in 46-30-227 . After the complaint is made, the accused's answer must be heard as if the accused had been arrested on a warrant.
Mont. Code Ann. § 46-16-606 — MT Code / Title 46 / Chapter 16 / Part 6 / Section 46-16-606
46-16-606 Reasonable doubt as to which offense convicts only of least offense
Status: in_force

46-16-606 . Reasonable doubt as to which offense convicts only of least offense. When it appears beyond a reasonable doubt that the defendant has committed an offense but there is reasonable doubt as to whether the defendant is guilty of a given offense or one or more lesser included offenses, the defendant may only be convicted of the greatest included offense about which there is no reasonable doubt.
Mont. Code Ann. § 46-1-302 — MT Code / Title 46 / Chapter 1 / Part 3 / Section 46-1-302
46-1-302 Notice of appeal to be served on attorney general
Status: in_force

46-1-302 . Notice of appeal to be served on attorney general. When a department or board of this state appeals from a judgment or order entered in any court of this state, a copy of the notice of appeal must be served on the attorney general.
Mont. Code Ann. § 46-11-301 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-301
46-11-301 Summoning grand jury
Status: in_force

46-11-301 . Summoning grand jury. (1) A grand jury may only be drawn and summoned when the district judge, in the judge's discretion, considers a grand jury to be in the public interest and orders the grand jury to be drawn or summoned. The composition and drawing of a grand jury must be in accordance with the provisions of Title 3, chapter 15, part 6.

(2) The district judge may direct the selection of one or more alternate jurors, who shall sit as regular jurors before an indictment is found or a grand jury investigation is concluded. A member of the jury who becomes unable to perform the juror's duty may be replaced by an alternate.
Mont. Code Ann. § 46-1-1203 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1203
46-1-1203 Definitions
Status: in_force

46-1-1203 . Definitions. As used in this part, the following definitions apply:

(1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is an offender with a mental disorder under this part and would benefit from the provisions of this part.

(2) "Continuum of care" means a seamless and coordinated course of mental health counseling and treatment designed to meet the needs of participants as they move through the criminal justice system and beyond, maximizing self-sufficiency.

(3) "Drug" has the meaning provided in 46-1-1103 .

(4) "Memorandum of understanding" means a written document setting forth an agreed-upon procedure.

(5) "Mental health treatment court" means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant, whose conduct has resulted in a criminal violation, in receiving the needed treatment and life skills to prevent further criminal behavior associated with a mental disorder.

(6) "Mental health treatment court coordinator" means an individual who, under the direction of the mental health treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the mental health treatment court.

(7) "Mental health treatment court team" means a group of individuals appointed by the mental health treatment court that:

(a) must include the following members:

(i) the judge, which may include a magistrate or other hearing officer;

(ii) the prosecutor;

(iii) the defense attorney;

(iv) the participant; and

(v) the mental health treatment court coordinator; and

(b) may include the following additional members:

(i) a law enforcement officer;

(ii) a probation and parole officer;

(iii) a mental health professional;

(iv) a substance abuse treatment provider;

(v) a representative from the department of public health and human services;

(vi) a mental health advocate; and

(vii) any other person selected by the mental health treatment court.

(8) "Mental health treatment program" means a program designed by the mental health treatment court team to provide prevention, education, and therapy directed toward ending criminal behavior and preventing a return to a condition leading to criminal behavior. Mental health treatment programs may consist of but are not limited to housing assistance, job training, mental health counseling, and psychiatric treatment.

(9) "Participant" means a person charged with a criminal offense or an offense in which a mental disorder, as defined in 53-21-102 , is determined to have been a significant factor in the commission of the offense.

(10) "Staff meeting" means the meeting before a participant's appearance in mental health treatment court in which the mental health treatment court team discusses a coordinated response to the participant's behavior.

(11) "Substance abuse" means the illegal or improper consumption of a drug, but does not include inadvertent error in the use of medication.

(12) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use.
Mont. Code Ann. § 46-20-503 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-503
46-20-503 Superseded
Status: in_force

46-20-503 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-19-401 — MT Code / Title 46 / Chapter 19 / Part 4 / Section 46-19-401
46-19-401 Compact adopted -- text
Status: in_force

46-19-401 . Compact adopted -- text. The Interstate Corrections Compact is entered into by this state with any and all other states legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I

PURPOSE AND POLICY

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context requires otherwise:

(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) "Inmate" means a male or female, as defined in 1-1-201 , offender who is committed under sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.

ARTICLE III

CONTRACTS

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state. For transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of the inmate's record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the inmate's status changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the inmate's exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE -- EXTRADITION

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 46-23-316 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-316
46-23-316 Governor's report to legislature
Status: in_force

46-23-316 . Governor's report to legislature. The governor shall, as provided in 5-11-210 , report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the date of remission, commutation, pardon, or respite, with the reason for granting the same, and the objection, if any, of any of the members of the board made to the action.
Mont. Code Ann. § 46-15-406 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-406
46-15-406 Notice of rights for victims of sexual assault
Status: in_force

46-15-406 . Notice of rights for victims of sexual assault. The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:

(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;

(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;

(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:

(a) contact information for the officer investigating the case;

(b) the current status of the case;

(c) the current status of the sexual assault evidence kit;

(d) whether the case has been submitted to the office of the prosecuting attorney for review;

(e) whether the case has been closed and the documented reason for closure;

(f) if available, contact information for a local community-based victim services program;

(g) notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and

(h) the notices required by 46-24-203 , 46-24-204 , and 46-24-206 .
Mont. Code Ann. § 46-23-1011 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1011
46-23-1011 Supervision on probation -- removal of condition of supervision
Status: in_force

46-23-1011 . Supervision on probation -- removal of condition of supervision. (1) The department shall supervise probationers during their probation period, including 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 , in accord with the conditions set by a sentencing judge. If the sentencing judge did not set conditions of probation at the time of sentencing, the court shall, at the request of the department, hold a hearing and set conditions of probation. The probationer must be present at the hearing. The probationer has the right to counsel as provided in chapter 8 of this title.

(2) If the probationer is being supervised for a sexual offense as defined in 46-23-502 , the conditions of probation may require the probationer to refrain from direct or indirect contact with the victim of the offense or an immediate family member of the victim. If the victim or an immediate family member of the victim requests to the department that the probationer not contact the victim or immediate family member, the department shall request a hearing with a sentencing judge and recommend that the judge add the condition of probation. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.

(3) A copy of the conditions of probation must be signed by the probationer. The department may require a probationer to waive extradition for the probationer's return to Montana.

(4) The probation and parole officer shall regularly advise and consult with the probationer using effective communication strategies and other evidence-based practices to encourage the probationer to improve the probationer's condition and conduct and shall inform the probationer of the restoration of rights on successful completion of the sentence.

(5) (a) The probation and parole officer may recommend and a judge may modify or add any condition of probation or suspension of sentence at any time.

(b) The probation and parole officer shall provide the county attorney in the sentencing jurisdiction with a report that identifies the conditions of probation and the reason why the officer believes that the judge should modify or add the conditions.

(c) The county attorney may file a petition requesting that the court modify or add conditions as requested by the probation and parole officer.

(d) The court may grant the petition if the probationer does not object. If the probationer objects to the petition, the court shall hold a hearing pursuant to the provisions of 46-18-203 .

(6) (a) The probation and parole officer may submit the intent to remove a condition of supervision by notifying the sentencing court, the probationer, and the county attorney in the sentencing jurisdiction in writing of the condition of supervision to be removed. If no objection pursuant to subsection (6)(b) occurs, the condition is removed.

(b) If the sentencing court, the probationer, or the county attorney in the sentencing jurisdiction objects within 14 days to the probation and parole officer's notification of intent to remove a condition of supervision, the court shall hold a hearing as provided in 46-18-203 .

(c) To reinstate a condition of supervision that was removed pursuant to subsection (6)(a), the probation and parole officer shall notify the sentencing court, the probationer, and the county attorney in the sentencing jurisdiction in writing.

(d) If a condition of supervision removed or reinstated under this subsection (6) affects restitution and interest to the victim, as provided in 46-18-241 through 46-18-249 , or if the removed or reinstated condition affects direct or indirect contact with the victim, as provided in 46-24-203 , or both, the county attorney in the sentencing jurisdiction shall make reasonable efforts to notify the victim by providing a copy of the notice described in subsection (6)(a).

(7) Except as they apply to 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 provisions of 46-18-203 (8)(a)(ii) do not apply to this section.

(8) The probationer shall sign a copy of new, removed, reinstated, or modified conditions of probation. The court may waive or modify a condition of restitution only as provided in 46-18-246 .

(9) Based on the risk and needs of each individual as determined by the individual's most recent risk and needs assessment, the probation and parole officer shall notify the probationer of eligibility for conditional discharge from supervision when a probationer is in compliance with the conditions of supervision when:

(a) under the women's risks and needs assessment:

(i) a low-risk probationer has served 9 months;

(ii) a moderate-risk probationer has served 12 months;

(iii) a medium-risk probationer has served 18 months; and

(iv) a high-risk probationer has served 24 months; and

(b) under the Montana offender reentry and risk assessment:

(i) a low-risk probationer has served 9 months;

(ii) a moderate-risk probationer has served 12 months;

(iii) a high-risk probationer has served 18 months; and

(iv) a very high-risk probationer has served 24 months.

(10) The probationer, the probationer's attorney, or the prosecutor may file a motion recommending conditional discharge. The motion must set forth the following:

(a) why the probationer meets the requirements of subsection (9); and

(b) whether the department of corrections supports or opposes the motion.

(11) The motion must be served on the county attorney serving in the county of the presiding district court. The movant does not need to file an accompanying brief as otherwise required by Rule 2 of the Montana Uniform District Court Rules.

(12) The department of corrections shall make reasonable efforts to notify the victim if required by 46-24-212 , and the county attorney shall make reasonable efforts to notify the victim. The victim must be provided the following:

(a) a copy of the motion;

(b) written notice that:

(i) the victim may provide written input regarding the motion or may ask the county attorney to state the victim's position on the motion;

(ii) if a hearing is set, the date, time, and place of the hearing; and

(iii) the victim may appear and testify at any hearing held on the motion.

(13) (a) The court may hold a hearing on the motion. A judge may conditionally discharge a probationer from supervision before expiration of the probationer's sentence if:

(i) the judge determines that a conditional discharge from supervision:

(A) is in the best interests of the probationer and society; and

(B) will not present unreasonable risk of danger to the victim of the offense; and

(ii) the offender has paid all restitution and court-ordered financial obligations in full.

(b) Subsection (13)(a) does not prohibit a judge from revoking the order suspending execution or deferring imposition of sentence, as provided in 46-18-203 , for a probationer who has been conditionally discharged from supervision.
Mont. Code Ann. § 46-15-115 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-115
46-15-115 Subpoena for witness when defendant unable to pay
Status: in_force

46-15-115 . Subpoena for witness when defendant unable to pay. (1) The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.

(2) If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103 , a court order must be obtained if more than six witnesses are to be subpoenaed.

(3) If the defendant is represented by a public defender, as defined in 47-1-103 , witness costs must be paid by the office of state public defender as provided for in 47-1-119 .
Mont. Code Ann. § 46-24-104 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-104
46-24-104 Consultation with victim of certain offenses
Status: in_force

46-24-104 . Consultation with victim of certain offenses. As soon as possible prior to disposition of the case, the prosecuting attorney in a criminal case shall consult with the victim of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim or, in the case of a minor child victim or homicide victim, with the family of the victim in order to obtain the views of the victim or the victim's family regarding the disposition of the case, including:

(1) dismissal of the case;

(2) release of the accused pending judicial proceedings;

(3) plea negotiations; and

(4) pretrial diversion of the case from the judicial process.
Mont. Code Ann. § 46-1-1201 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1201
46-1-1201 Short title
Status: in_force

46-1-1201 . Short title. This part may be cited as the "Mental Health Treatment Court Act".
Mont. Code Ann. § 46-5-119 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-119
46-5-119 Confidentiality of information
Status: in_force

46-5-119 . Confidentiality of information. The information collected or stored in any database under the provisions of 46-5-117 (2)(a) through (2)(c):

(1) is private, is not a public record, and is not subject to public disclosure;

(2) may be accessed by an employee of the state or of a political subdivision of the state only for the purpose of providing customer service or for statistical, administrative, or legal activities necessary to perform the employee's duties; and

(3) may be maintained only for the time minimally necessary, but no more than 18 months.
Mont. Code Ann. § 46-23-304 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-304
46-23-304 Proof of publication
Status: in_force

46-23-304 . Proof of publication. Prior to the time set for hearing, proof of the publication of notice must be made by the publisher or managing agent.
Mont. Code Ann. § 46-20-316 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-316
46-20-316 Superseded
Status: in_force

46-20-316 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-1-103 — MT Code / Title 46 / Chapter 1 / Part 1 / Section 46-1-103
46-1-103 Scope -- purpose -- construction
Status: in_force

46-1-103 . Scope -- purpose -- construction. (1) This title governs the practice and procedure in all criminal proceedings in the courts of Montana except where provision for a different procedure is specifically provided by law.

(2) This title is intended to provide for the just determination of every criminal proceeding. The purposes of this title are to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.

(3) Any irregularity in a proceeding specified by this title that does not affect the substantial rights of the accused must be disregarded.
Mont. Code Ann. § 46-16-120 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-120
46-16-120 Misdemeanor offenses
Status: in_force

46-16-120 . Misdemeanor offenses. In all cases in which the defendant is charged with a misdemeanor offense, the defendant may appear by counsel only, although the court may require the personal attendance of the defendant at any time.
Mont. Code Ann. § 46-18-308 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-308
46-18-308 Time for review -- consolidation with appeal
Status: in_force

46-18-308 . Time for review -- consolidation with appeal. The judgment of conviction and sentence of death are subject to automatic review by the supreme court of Montana within 60 days after certification by the sentencing court of the entire record unless the time is extended by the supreme court for good cause shown. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court. The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.
Mont. Code Ann. § 46-19-103 — MT Code / Title 46 / Chapter 19 / Part 1 / Section 46-19-103
46-19-103 Execution of death sentence
Status: in_force

46-19-103 . Execution of death sentence. (1) In pronouncing the sentence of death, the court shall set the date of execution, which may not be less than 30 days or more than 60 days from the date the sentence is pronounced. If execution has been stayed by any court and the date set for execution has passed prior to dissolution of the stay, the court in which the defendant was previously sentenced shall, upon dissolution of the stay, set a new date of execution for not less than 20 or more than 90 days from the day the date is set. The defendant is entitled to be present in court on the day the new date of execution is set.

(2) Pending execution of a sentence of death, the sheriff may deliver the defendant to the Montana state prison or the Montana women's prison for confinement, and the state shall bear the costs of imprisoning the defendant from the date of delivery.

(3) The punishment of death must be inflicted by administration of a continuous, intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination with a chemical paralytic agent until a coroner or deputy coroner pronounces that the defendant is dead.

(4) When an execution date is set, a death warrant signed by the judge and attested by the clerk of court under the seal of the court must, within 5 days, be prepared. The warrant and a certified copy of the judgment must be delivered to the director of the department of corrections. The warrant must be directed to the director and recite the conviction, judgment, appointed date of execution, and duration of the warrant.

(5) The warden of the Montana state prison shall provide a suitable and efficient room or place in which executions will be carried out, enclosed from public view, within the walls of the state prison, and shall provide all implements necessary to the execution. The warden shall, subject to subsection (6), select the person to perform the execution, and the warden or the warden's designee shall supervise the execution. The identity of the executioner must remain anonymous. Facts pertaining to the selection and training of the executioner must remain confidential.

(6) (a) An execution must be performed by a person selected by the warden and trained to administer a lethal injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse licensed or registered under the laws of this or any other state.

(b) The warden shall allow the execution to be observed by no more than 12 witnesses, excluding department of corrections staff necessary to carry out the execution. The witnesses must, to the extent possible, include three persons from the news media, three persons designated by the family of the victim of the crime, three persons designated by the person to be executed, and three persons chosen by the department of corrections.

(c) A proposed witness is subject to rejection by the department of corrections if the department has reason to believe that the witness:

(i) poses a risk to the safety or security of department of corrections personnel, the other witnesses, or other persons; or

(ii) is likely to disrupt proceedings due to the witness's emotional or mental state.

(7) Within 20 days after the execution, the warden shall return the death warrant to the clerk of the court from which it was issued, noting on the warrant the time it was executed.

(8) The rejection of a witness under subsection (6)(c) is not grounds for stay of the execution.
Mont. Code Ann. § 46-18-243 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-243
46-18-243 Definitions
Status: in_force

46-18-243 . Definitions. For purposes of 46-18-241 through 46-18-249 , the following definitions apply:

(1) "Pecuniary loss" means:

(a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender's criminal activities, including without limitation out-of-pocket losses, such as medical expenses, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, expenses reasonably incurred in attending court proceedings related to the commission of the offense, and reasonable expenses related to funeral and burial or crematory services;

(b) the full replacement cost of property taken, destroyed, harmed, or otherwise devalued as a result of the offender's criminal conduct;

(c) future medical expenses that the victim can reasonably be expected to incur as a result of the offender's criminal conduct, including the cost of psychological counseling, therapy, and treatment; and

(d) reasonable out-of-pocket expenses incurred by the victim in filing charges or in cooperating in the investigation and prosecution of the offense.

(2) (a) "Victim" means:

(i) a person who suffers loss of property, bodily injury, or death as a result of:

(A) the commission of an offense;

(B) the good faith effort to prevent the commission of an offense; or

(C) the good faith effort to apprehend a person reasonably suspected of committing an offense;

(ii) the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim;

(iii) a governmental entity that:

(A) suffers loss of property as a result of the commission of an offense in this state;

(B) incurs costs or losses during the commission or investigation of an escape, as defined in 45-7-306 , or during the apprehension or attempted apprehension of the escapee; or

(C) incurs costs or losses as result of extraditing an offender from an out-of-state jurisdiction to Montana;

(iv) an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss;

(v) the crime victims compensation and assistance program established under Title 53, chapter 9, part 1, to the extent that it has reimbursed a victim for pecuniary loss; and

(vi) any person or entity whom the offender has voluntarily agreed to reimburse as part of a voluntary plea bargain.

(b) Victim does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.
Mont. Code Ann. § 46-13-203 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-203
46-13-203 Change of place of trial for prejudice
Status: in_force

46-13-203 . Change of place of trial for prejudice. (1) The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.

(2) If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:

(a) transfer the cause to any other county in which a fair trial may be had;

(b) direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or

(c) take any other action designed to ensure that a fair trial may be had.
Mont. Code Ann. § 46-22-206 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-206
46-22-206 Service of writ
Status: in_force

46-22-206 . Service of writ. (1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.

(2) The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.

(3) The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.
Mont. Code Ann. § 46-5-613 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-613
46-5-613 No cause of action against providers
Status: in_force

46-5-613 . No cause of action against providers. No cause of action shall lie in any court against any provider of an electronic communication service, its officers, employees, or agents, or other specified persons for providing information or assistance in accordance with the terms of this part.
Mont. Code Ann. § 46-18-228 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-228
46-18-228 Additional sentence for offenses committed against vulnerable person
Status: in_force

46-18-228 . Additional sentence for offenses committed against vulnerable person. (1) If the provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who committed the offense against a vulnerable person in the facility in which the individual was employed or volunteering shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 1 year or more than 10 years, except as provided in 46-18-222 .

(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.

(3) For the purposes of this section, the following definitions apply:

(a) "Caregiving facility" means:

(i) a mental health facility as provided in 53-21-102 ;

(ii) an assisted living facility licensed under 50-5-227 ;

(iii) a long-term care facility, an adult day-care center, a mental health center, a medical assistance facility, or a nonprofit health care facility as provided in 50-5-101 ;

(iv) a community group home for developmentally disabled, mentally disabled, or severely disabled persons that does not provide skilled or intermediate nursing care;

(v) a licensed adult foster family care home;

(vi) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug-dependent persons;

(vii) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or a youth group home as provided in 52-2-602 ;

(viii) a day-care center, a day-care facility, a family day-care home, or a group day-care home as provided in 52-2-703 ; or

(ix) a public or nonpublic school.

(b) "Vulnerable person" means:

(i) a child; or

(ii) a vulnerable adult as provided in 52-3-803 (11)(b).
Mont. Code Ann. § 46-17-202 — MT Code / Title 46 / Chapter 17 / Part 2 / Section 46-17-202
46-17-202 Formation of trial jury for justices', municipal, and city courts
Status: in_force

46-17-202 . Formation of trial jury for justices', municipal, and city courts. (1) At the time of preparing the district court jury list under 3-15-404 (6), the clerk of the district court shall prepare a jury list for each justice's, municipal, and city court within the county. Each list must consist of residents of the appropriate county, city, or town. The lists must be selected in any reasonable manner that ensures fairness, and each list must include a number of names sufficient to meet the annual jury requirements of the respective court. Additional lists may be prepared if required. The lists must be filed in the office of the clerk of the district court as provided in 3-15-403 . The appropriate list must be posted in a public place in each county, city, or town, and the list must comprise the trial jury list for the ensuing year for the county, city, or town.

(2) Trial jurors must be summoned from the jury list by notifying each one orally that the person is summoned and of the time and place at which attendance is required.
Mont. Code Ann. § 46-13-301 — MT Code / Title 46 / Chapter 13 / Part 3 / Section 46-13-301
46-13-301 Suppression of confession or admission
Status: in_force

46-13-301 . Suppression of confession or admission. (1) A defendant may move to suppress as evidence any confession or admission given by the defendant on the ground that it was involuntary. The motion must be in writing and state facts showing why the confession or admission was involuntary.

(2) If the allegations of the motion state facts that, if true, show that the confession or admission was involuntary, the court shall conduct a hearing into the merits of the motion. The prosecution must prove by a preponderance of the evidence that the confession or admission was voluntary.

(3) The issue of the admissibility of the confession or admission may not be submitted to the jury. If the confession or admission is determined to be admissible, the circumstances surrounding the making of the confession or admission may be submitted to the jury as bearing upon the credibility or the weight to be given to the confession or admission.

(4) If the motion is granted, the confession or admission is not admissible in evidence against the movant at the trial of the case.
Mont. Code Ann. § 46-5-614 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-614
46-5-614 Voluntary disclosure of electronic communications
Status: in_force

46-5-614 . Voluntary disclosure of electronic communications. Nothing in this part prohibits the voluntary disclosure of electronic communication information by a provider of an electronic communication service or any other entity when the disclosure is not otherwise prohibited by law, including but not limited to when:

(1) the provider first obtains the lawful consent of the subscriber or customer, the originator, an addressee, or the intended recipient of the electronic communication; or

(2) the provider, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires disclosure without delay of communications relating to the emergency.
Mont. Code Ann. § 46-16-222 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-222
46-16-222 Testimony of third person in cases of abuse, neglect, or exploitation of incapacitated person or vulnerable adult
Status: in_force

46-16-222 . Testimony of third person in cases of abuse, neglect, or exploitation of incapacitated person or vulnerable adult. (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 incapacitated person or vulnerable adult who is:

(i) an alleged victim of:

(A) abuse, sexual abuse, or neglect of a vulnerable adult pursuant to 45-5-802 that is the subject of the criminal proceeding;

(B) failure to report abuse or neglect of a vulnerable adult or falsely reporting abuse or neglect of a vulnerable adult pursuant to 45-5-803 that is the subject of the criminal proceeding;

(C) exploitation of an incapacitated person or vulnerable adult pursuant to 45-5-804 or theft of identity of an incapacitated person or vulnerable adult pursuant to 45-6-332 that is the subject of the criminal proceeding; or

(D) 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:

(A) an alleged abuse, sexual abuse, or neglect of a vulnerable adult pursuant to 45-5-802 that is the subject of the criminal proceeding;

(B) an alleged failure to report abuse or neglect of a vulnerable adult or falsely reporting abuse or neglect of a vulnerable adult pursuant to 45-5-803 that is the subject of the criminal proceeding;

(C) an alleged exploitation of an incapacitated person or vulnerable adult pursuant to 45-5-804 or theft of identity of an incapacitated person or vulnerable adult pursuant to 45-6-332 that is the subject of the criminal proceeding; or

(D) a 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 incapacitated person or vulnerable adult 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, the following definitions apply:

(a) "Incapacitated person" has the meaning provided in 72-5-101 .

(b) "Vulnerable adult" has the meaning provided in 52-3-803 .
Mont. Code Ann. § 46-23-106 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-106
46-23-106 Information from courts to board
Status: in_force

46-23-106 . Information from courts to board. It is the duty of the court disposing of any criminal case to cause to be transmitted to the board of pardons and parole statistical data in accordance with regulations issued by the board regarding all dispositions of defendants whether found guilty or discharged.
Mont. Code Ann. § 46-15-323 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-323
46-15-323 Disclosure by defendant
Status: in_force

46-15-323 . Disclosure by defendant. (1) At any time after the filing in district court of an indictment or information, the defendant, in connection with the particular crime charged and upon written request of the prosecutor and approval of the court:

(a) shall appear in a lineup;

(b) shall speak for identification by witnesses;

(c) must be fingerprinted, palm printed, footprinted, or voiceprinted;

(d) shall pose for photographs not involving reenactment of an event;

(e) shall try on clothing;

(f) shall permit the taking of samples of the defendant's hair, blood, saliva, urine, or other specified materials that do not involve unreasonable bodily intrusions;

(g) shall provide handwriting samples; or

(h) shall submit to a reasonable physical or medical inspection; however, the inspection does not include psychiatric or psychological examination.

(2) Within 30 days after the arraignment or at a later time as the court may for good cause permit, the defendant shall provide the prosecutor with a written notice of the defendant's intention to introduce evidence at trial of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity.

(3) Within 10 days after receiving a report of the defendant's mental condition from a psychiatrist, psychologist, or advanced practice registered nurse or at a later time as the court may for good cause permit, the defendant shall provide the prosecutor with a written notice of the defendant's intention to introduce evidence at trial of the defense that because of a mental disease or disorder, the defendant did not have a particular state of mind that is an essential element of the offense charged.

(4) The notice must specify for each defense the names and addresses of the persons, other than the defendant, whom the defendant may call as witnesses in support of the defense, together with all written reports or statements made by them, including all reports and statements concerning the results of physical examinations, scientific tests, experiments, or comparisons, except that the defendant need not include a privileged report or statement unless the defendant intends to use the privileged report or statement, or the witness who made it, at trial.

(5) Prior to trial, the defendant may, upon motion and showing of good cause, add to the list of witnesses the names of any additional witnesses and disclose their reports or statements as required by this section. After the trial commences, no witness may be called by the defendant in support of these defenses unless the name of the witness is included on the list and the witness's report or statement has been disclosed as required by this section, except for good cause shown.

(6) Within 30 days after the arraignment or at a later time as the court may for good cause permit, the defendant shall make available to the prosecutor for testing, examination, or reproduction:

(a) the names, addresses, and statements of all persons, other than the defendant, whom the defendant may call as witnesses in the defense case in chief, together with their statements;

(b) the names and addresses of experts whom the defendant may call at trial, together with the results of their physical examinations, scientific tests, experiments, or comparisons, including all written reports and statements made by these experts in connection with the particular case; and

(c) all papers, documents, photographs, and other tangible objects that the defendant may use at trial.

(7) The defendant's obligation under this section extends to material and information within the possession or control of the defendant, defense counsel, and defense counsel's staff or investigators.

(8) Upon motion of the prosecutor showing that the prosecutor has substantial need in the preparation of the case for additional material or information not otherwise provided for, that the prosecutor is unable, without undue hardship, to obtain the substantial equivalent by other means, and that disclosure of the material or information will not violate the defendant's constitutional rights, the court, in its discretion, may order any person to make the material or information available to the prosecutor. The court may, upon request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive. The defense counsel may not be required to prepare or disclose summaries of witnesses' testimony.
Mont. Code Ann. § 46-23-1012 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1012
46-23-1012 Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention
Status: in_force

46-23-1012 . Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention. (1) At any time during probation, if a probation and parole officer reasonably believes that the probationer has violated a condition of probation, a court may issue a warrant for the arrest of the probationer or a county attorney may issue a notice to appear to answer to a charge of probation violation. The notice must be personally served upon the probationer. The warrant must authorize law enforcement officers to return the probationer to any suitable detention center.

(2) Any probation and parole officer may arrest the probationer without a warrant or may orally deputize any other officer with power of arrest to do so by giving the officer oral authorization and within 12 hours delivering to the detention center a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. A written statement or oral authorization delivered with the probationer by the arresting officer to the official in charge of a detention center is sufficient warrant for the detention of the probationer if the probation and parole officer delivers the written statement within 12 hours of the probationer's arrest. The probation and parole officer, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.

(3) A probation and parole officer may authorize a detention center to hold a probationer arrested under this section without bail for 72 hours. Within 72 hours following the probationer's detention, the probation and parole officer shall:

(a) authorize the detention center to release the probationer;

(b) hold an intervention hearing pursuant to 46-23-1015 ; or

(c) arrange for the probationer to appear before a magistrate to set bail. In setting bail, the provisions of chapter 9 of this title regarding release on bail of persons charged with a crime apply.

(4) If the probationer is detained and bond is set, the probation and parole officer shall file a report of violation within 10 days of the arrest of the probationer.

(5) After the probation and parole officer files a report of violation, the court may proceed with revocation of probation in the manner provided in 46-18-203 .
Mont. Code Ann. § 46-18-302 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-302
46-18-302 Evidence that may be received
Status: in_force

46-18-302 . Evidence that may be received. (1) (a) Subject to subsection (1)(b), in the sentencing hearing, evidence may be presented as to any matter the court considers relevant to the sentence, including but not limited to:

(i) the nature and circumstances of the crime;

(ii) the defendant's character, background, history, and mental and physical condition;

(iii) the harm caused to the victim and the victim's family as a result of the offense; and

(iv) any other facts in aggravation or mitigation of the penalty.

(b) Evidence of an aggravating circumstance may not be admitted or considered unless the defendant pleaded guilty to the offense and admitted the aggravating circumstance or the trier of fact found beyond a reasonable doubt that the aggravating circumstance existed.

(2) Any evidence that the court considers to have probative force may be received regardless of its admissibility under the rules governing admission of evidence at criminal trials. Evidence admitted at the trial relating to aggravating or mitigating circumstances must be considered without reintroducing it at the sentencing proceeding. The state and the defendant or the defendant's counsel must be permitted to present argument for or against sentence of death.
Mont. Code Ann. § 46-6-601 — MT Code / Title 46 / Chapter 6 / Part 6 / Section 46-6-601
46-6-601 Written report when no arrest made in domestic violence situation
Status: in_force

46-6-601 . Written report when no arrest made in domestic violence situation. When a peace officer is called to the scene of a reported incident of domestic violence but does not make an arrest, the peace officer shall file a written report with the officer commanding the law enforcement agency employing the peace officer, setting forth the reason or reasons for the decision.
Mont. Code Ann. § 46-18-233 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-233
46-18-233 Fine or costs as condition on suspended or deferred sentence
Status: in_force

46-18-233 . Fine or costs as condition on suspended or deferred sentence. (1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred or suspended, the court may make payment of the fine or costs a condition for probation.

(2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
Mont. Code Ann. § 46-20-104 — MT Code / Title 46 / Chapter 20 / Part 1 / Section 46-20-104
46-20-104 Scope of appeal by defendant
Status: in_force

46-20-104 . Scope of appeal by defendant. (1) An appeal may be taken by the defendant only from a final judgment of conviction and orders after judgment which affect the substantial rights of the defendant.

(2) Upon appeal from a judgment, the court may review the verdict or decision and any alleged error objected to which involves the merits or necessarily affects the judgment. Failure to make a timely objection during trial constitutes a waiver of the objection except as provided in 46-20-701 (2).
Mont. Code Ann. § 46-30-411 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-411
46-30-411 Expenses of bringing persons back to this state
Status: in_force

46-30-411 . Expenses of bringing persons back to this state. (1) When a person charged or convicted of crime in this state has been found and arrested in another state and is to be returned to this state by requisition of the governor or by a waiver of extradition or by a prior waiver of extradition, the expenses payable by this state to the agent authorized by the office of the governor to transport the person must be approved by the office of the governor and paid out of the state treasury.

(2) An agent of this state authorized to return a person to this state may use commercial transportation, aircraft, or motor vehicle to return the person. If the person is returned to this state by an officer or employee of the state or of a political subdivision of the state, the agent must be paid travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred in returning the person to this state. If the governor's authorized agent contracts for the performance of the transportation with a person or entity who is not an officer or employee of the state or of a political subdivision of the state, the expenses must be paid in accordance with the rate established by the contracting parties, as approved by the office of the governor.
Mont. Code Ann. § 46-23-1022 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1022
46-23-1022 Parole services
Status: in_force

46-23-1022 . Parole services. (1) To assist parolees the department may, in addition to other services, provide the following:

(a) employment counseling, job placement, and assistance in residential placement;

(b) family and individual counseling and treatment placement;

(c) financial counseling;

(d) vocational and educational counseling and placement; and

(e) referral services to any other state or local agencies.

(2) The department may purchase necessary services for a parolee if they are otherwise unavailable and the parolee is unable to pay for them. It may assess all or part of the costs of such services to a parolee in accordance with the parolee's ability to pay for them.
Mont. Code Ann. § 46-23-301 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-301
46-23-301 Cases of executive clemency -- application for clemency -- definitions
Status: in_force

46-23-301 . Cases of executive clemency -- application for clemency -- definitions. (1) (a) "Clemency" means kindness, mercy, or leniency that may be exercised by the governor toward a convicted person. The governor may grant clemency in the form of:

(i) the remission of fines or forfeitures;

(ii) the commutation of a sentence to one that is less severe;

(iii) respite; or

(iv) pardon.

(b) "Pardon" means a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction.

(2) A person convicted of a crime need not exhaust judicial or administrative remedies before filing an application for clemency, except that an application may not be filed with respect to a sentence of death while an automatic review proceeding is pending before the Montana supreme court under 46-18-307 through 46-18-310 . The board shall consider cases of executive clemency only upon application. All applications for executive clemency must be made to the board. An application for executive clemency in capital cases may be filed with the board no later than 10 days after the district court sets a date of execution. Applications may be filed only by the person convicted of the crime, by the person's attorney acting on the person's behalf and with the person's consent, or by a court-appointed next friend, guardian, or conservator acting on the person's behalf.

(3) (a) After a hearing panel has considered an application for executive clemency and has by majority vote favored a hearing, the hearing panel shall cause an investigation to be made of and base any recommendation it makes on:

(i) all the circumstances surrounding the crime for which the applicant was convicted;

(ii) the applicant's criminal record; and

(iii) the individual circumstances relating to social conditions of the applicant prior to commission of the crime, at the time the offense was committed, and at the time of the application for clemency.

(b) If the hearing panel does not favor a hearing by majority vote, the hearing panel shall transmit the application to the governor. The governor shall review the application and determine whether a hearing is appropriate. If the governor determines that a hearing is appropriate, the governor shall transmit the application back to the hearing panel. The hearing panel shall cause an investigation to be made of and base any recommendation it makes on the factors set forth in subsection (3)(a).

(4) A hearing panel may recommend that clemency be granted or denied. The hearing panel shall transmit the application and either a recommendation that clemency be granted or a recommendation that clemency be denied to the governor. The governor is not bound by any recommendation of the hearing panel, but the governor shall review the record of the hearing and the hearing panel's recommendation before granting or denying clemency. The governor has the final authority to grant or deny clemency. An appeal may not be taken from the governor's decision to grant or deny clemency.

(5) (a) A hearing panel may not recommend clemency if the applicant:

(i) is related or connected to the governor by consanguinity within the fourth degree or by affinity within the second degree as provided in 1-1-219 ; or

(ii) works or has worked in the office of the governor since the governor took office.

(b) The governor may not grant clemency to an applicant described in subsection (5)(a).
Mont. Code Ann. § 46-23-1016 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1016
46-23-1016 Commitments to department -- report to sentencing court -- data
Status: in_force

46-23-1016 . Commitments to department -- report to sentencing court -- data. (1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.

(2) The department shall collect and analyze data on:

(a) court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201 (3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and

(b) the number and type of new criminal offenses committed by offenders under the department's supervision.

(3) (a) Beginning September 1, 2022, and in accordance with 5-11-210 , the department shall collect data and report no later than September 1 of each year to the law and justice interim committee and the criminal justice oversight council on offenders who were under the department's supervision during the previous fiscal year and were:

(i) convicted of a new felony offense; or

(ii) revoked for a violation of the terms and conditions of a suspended or deferred sentence and the violation:

(A) is a compliance violation as defined in 46-18-203 ; or

(B) is not a compliance violation as defined in 46-18-203 .

(b) The report must include the offenses or violations that triggered the report.
Mont. Code Ann. § 46-16-111 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-111
46-16-111 Formation of trial jury
Status: in_force

46-16-111 . Formation of trial jury. (1) Trial juries in criminal cases are formed in the same manner as trial juries in civil cases.

(2) The qualifications of jurors and excuses from jury duty are prescribed in Title 3, chapter 15, part 3.
Mont. Code Ann. § 46-30-226 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-226
46-30-226 Confinement of accused in jail on route
Status: in_force

46-30-226 . Confinement of accused in jail on route. (1) The officer or persons executing the governor's warrant of arrest and rendition or the agent of the requisitioning state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed on the route. However, the officer or person is chargeable with the expense of keeping the prisoner.

(2) The officer or agent of a requisitioning state to whom a prisoner may have been delivered following extradition proceedings in another state or to whom a prisoner may have been delivered after waiving extradition in the other state and who is passing through this state with a prisoner for the purpose of immediately returning the prisoner to the requisitioning state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route. The officer or agent is chargeable with the expense of keeping the prisoner. However, the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the requisitioning state after a requisition by the executive authority of the requisitioning state. The prisoner is not entitled to demand a new requisition while in this state.
Mont. Code Ann. § 46-18-502 — MT Code / Title 46 / Chapter 18 / Part 5 / Section 46-18-502
46-18-502 Sentencing of persistent felony offender
Status: in_force

46-18-502 . Sentencing of persistent felony offender. (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.

(2) Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:

(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 , at the time of the offender's previous felony conviction;

(b) less than 5 years have elapsed between the commission of the present offense and:

(i) the previous felony conviction; or

(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and

(c) the offender was 21 years of age or older at the time of the commission of the present offense.

(3) Except as provided in 46-18-222 , the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.

(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.
Mont. Code Ann. § 46-9-115 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-115
46-9-115 Release ordered by court where charge not pending
Status: in_force

46-9-115 . Release ordered by court where charge not pending. If release is ordered or bail is accepted by a court other than the court in which the charge is pending, any bonds, instrument of ownership, or money posted and a written statement of other conditions of release must be delivered without delay to the court in which the charge is pending.