Mont. Code Ann. § 46-23-1025 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1025
46-23-1025 Report to and action by board
Status: in_force

46-23-1025 . Report to and action by board. (1) If the hearings officer determines that there is probable cause to believe that the prisoner has violated a condition of parole and directs the probation and parole officer to initiate a petition for revocation, the probation and parole officer shall immediately notify the board and shall submit in writing a report showing in what manner the prisoner has violated the conditions of release and describe the exhaustion of appropriate violation responses according to the department's incentives and interventions grid. This report must be accompanied by the findings of the hearings officer and placed in the offender's file.

(2) Upon receipt of a report, the board shall cause the prisoner to be promptly brought before a hearing panel for a hearing on the violation charged under rules that the board may adopt. The hearing may be conducted via interactive videoconference. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department's incentives and interventions grid have not been exhausted, the panel shall notify the department and refer the matter back to the hearings officer. If the violation is established and the hearing panel finds that the violation is a compliance violation and that appropriate violation responses under the department's incentives and interventions grid have been exhausted, the hearing panel may:

(a) continue the parole without a change in conditions; or

(b) continue the parole with modified or additional terms and conditions, which may include placement in:

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

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

(3) If the hearing panel finds that the violation is not a compliance violation, the panel may:

(a) continue the parole without a change in conditions;

(b) continue the parole with modified or additional terms and conditions, which may include placement as provided in subsection (2)(b) for up to 9 months; or

(c) revoke the parole or enter an order as the hearing panel sees fit.

(4) If the prisoner has violated a condition of release requiring the payment of restitution, the supervising parole officer shall notify the victim of the offense prior to the hearing required by 46-23-1024 and give the victim an opportunity to provide written or oral comment.

(5) If the hearing panel finds that because of circumstances beyond the prisoner's control the prisoner is unable to make the required restitution payments, the hearing panel may not revoke the prisoner's parole for failure to pay restitution. The hearing panel may modify the time or method of making restitution and may extend the restitution schedule, but the schedule may not be extended beyond the period of state supervision over the prisoner.

(6) If the hearing panel determines that the prisoner has violated the provisions of release, the hearing panel shall determine the amount of time, if any, that will be counted as time served while the prisoner was in violation of the provisions of release.

(7) All decisions regarding sanctions, placements, or revocation must be documented in the offender's file.
Mont. Code Ann. § 46-14-304 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-304
46-14-304 Conditional release -- revocation
Status: in_force

46-14-304 . Conditional release -- revocation. (1) A person who has been conditionally released remains under the supervision of the department of public health and human services until the committing court discharges the person.

(2) When the person is conditionally released, the director of the department of public health and human services shall provide written notice of the conditions of the person's release to any community facility or program that is treating the person, the county attorney of the county in which the person was committed, and the county attorney of the county in which the person is required to receive treatment.

(3) On motion of a county attorney or the department of public health and human services, the court may order revocation of a person's conditional release if the court determines after hearing evidence that:

(a) the conditions of release have not been fulfilled; and

(b) based on the violations of the conditions and the person's past mental health history, there is a substantial likelihood that 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) a threat of physical injury to the person or others; or

(iii) substantial property damage.

(4) If the court finds that the conditional release should be revoked, the court shall immediately order the person to 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 46-14-302 and 46-14-303 .
Mont. Code Ann. § 46-2-203 — MT Code / Title 46 / Chapter 2 / Part 2 / Section 46-2-203
46-2-203 Jurisdiction of city courts
Status: in_force

46-2-203 . Jurisdiction of city courts. The city courts have criminal jurisdiction as authorized by 3-11-102 and 3-11-103 .
Mont. Code Ann. § 46-23-506 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-506
46-23-506 Duty of registration -- duration, frequency, reduction, and relief
Status: in_force

46-23-506 . Duty of registration -- duration, frequency, reduction, and relief. (1) A sexual offender required to register under this part shall register for the remainder of the sexual offender's life, except as provided in subsection (3) or during a period of time during which the sexual offender is in prison.

(2) (a) A violent offender required to register under this part shall register for the 10 years following release from confinement or, if not confined following sentencing, for the 10 years following the conclusion of the sentencing hearing and after registering for 10 years, is automatically relieved of the duty to register unless convicted as provided in subsection (2)(b).

(b) If convicted during the 10-year period provided in subsection (2)(a) of failing to register or keep registration current or of a felony, the violent offender shall register for the remainder of the violent offender's life unless relieved of the duty to register as provided in subsection (2)(e).

(c) When a violent offender is relieved of the duty to register under subsection (2)(a), the department of justice shall remove the violent offender from the registry.

(d) Petitions for relief from registration under this part must be filed in the appropriate Montana district court. Orders or other documents granting relief from registration requirements that originated in other jurisdictions are not valid in Montana.

(e) Except as provided in subsection (5), at any time after 10 years of registration for a violent offender registered as provided in subsection (2)(b), a violent offender may petition the sentencing court or the district court for the judicial district in which the violent offender resides for an order relieving the violent offender of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. Prior to a hearing on the petition, the county attorney shall mail a copy of the petition to the victim of the last offense for which the violent offender was convicted if the victim's address is reasonably available. The court shall consider any written or oral statements of the victim. The court may grant the petition on finding that:

(i) the violent offender has remained a law-abiding citizen; and

(ii) continued registration is not necessary for public protection and that relief from registration is in the best interests of society.

(3) Except as provided in subsection (7), at any time after 10 years of registration for a level 1 sexual offender and at any time after 25 years of registration for a level 2 sexual offender, an offender may petition the sentencing court or the district court for the judicial district in which the offender resides for an order relieving the offender of the duty to register. The petition must be served on the county attorney in the county where the petition is filed. Prior to a hearing on the petition, the county attorney shall mail a copy of the petition to the attorney general's office and to the victim of the last offense for which the offender was convicted if the victim's address is reasonably available. The court shall consider any written or oral statements of the victim. The court may grant the petition on finding that:

(a) the offender has maintained a clean record during their period of registration; and

(b) continued registration is not necessary for public protection and that relief from registration is in the best interests of society.

(4) A level 3 sexual offender may have their period of registration reduced to 25 years if the sexual offender was adjudicated delinquent of an offense as a juvenile that required level 3 sexual offender registration and the sexual offender has maintained a clean record for 25 consecutive years.

(5) For the purposes of this section, the sexual offender has a clean record if, during the period of time in which the sexual offender was required to register as a sexual offender:

(a) the sexual offender was not convicted of any felony offense;

(b) the sexual offender was not convicted of any sexual offense;

(c) the sexual offender successfully completed, without revocation, any period of supervised release, probation, or parole; and

(d) the sexual offender has successfully completed an appropriate sexual offender treatment program.

(6) The offender may move that all or part of the proceedings in a hearing under subsections (2)(e) and (3) be closed to the public, or the judge may close them on the judge's own motion. If a proceeding under subsections (2)(e) and (3) is closed to the public, the judge shall permit a victim of the offense to be present unless the judge determines that exclusion of the victim is necessary to protect the offender's right of privacy or the safety of the victim. If the victim is present, the judge, at the victim's request, shall permit the presence of an individual to provide support to the victim unless the judge determines that exclusion of the individual is necessary to protect the offender's right to privacy.

(7) Subsection (3) does not apply to an offender who was convicted of:

(a) a violation of 45-5-503 if:

(i) the victim was compelled to submit by force, as defined in 45-5-501 , against the victim or another; or

(ii) at the time the offense occurred, the victim was under 12 years of age;

(b) a violation of 45-5-507 if at the time the offense occurred the victim was under 12 years of age and the offender was 3 or more years older than the victim;

(c) a second or subsequent sexual or violent offense that requires registration; or

(d) a sexual offense and was designated as a sexually violent predator under 46-23-509 .
Mont. Code Ann. § 46-23-201 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-201
46-23-201 Prisoners eligible for nonmedical parole
Status: in_force

46-23-201 . Prisoners eligible for nonmedical parole. (1) Subject to the restrictions contained in subsections (2) through (4) and the parole criteria in 46-23-208 , the board may release on nonmedical parole by appropriate order any person who is:

(a) confined in a state prison;

(b) sentenced to the state prison and confined in a prerelease center;

(c) sentenced to prison as an adult pursuant to 41-5-206 and confined in a correctional facility as defined in 41-5-103 ;

(d) sentenced to be committed to the custody of the director of the department of public health and human services as provided in 46-14-312 and confined in the Montana state hospital, the Montana developmental center, or the Montana mental health nursing care center.

(2) Persons under sentence of death, persons sentenced to the department who have been placed by the department in a state prison temporarily for assessment or sanctioning, and persons serving sentences imposed under 46-18-202 (2) or 46-18-219 may not be granted a nonmedical parole.

(3) A prisoner serving a time sentence may not be paroled under this section until the prisoner has served at least one-fourth of the prisoner's full term.

(4) A prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.

(5) If a hearing panel denies parole, it may order that the prisoner serve up to 6 years if the prisoner is confined for a sexual or violent offense, as defined in 46-23-502 , or up to 1 year if the prisoner is confined for any other offense before a hearing panel conducts another hearing or review.

(6) Nothing in this section prohibits the department from transferring a prisoner who is within 14 months of parole eligibility to a prerelease or treatment center for the purposes of preparing the prisoner for release into the community.
Mont. Code Ann. § 46-5-112 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-112
46-5-112 Electronic data privacy -- warrant required -- exceptions -- admissibility
Status: in_force

46-5-112 . Electronic data privacy -- warrant required -- exceptions -- admissibility. (1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.

(2) A government entity may obtain the stored data of an electronic device without a search warrant:

(a) with the consent of the owner or authorized user of the electronic device;

(b) for the electronic communications between a law enforcement officer using an undercover or fictitious identity for law enforcement purposes with the owner or authorized user of the electronic device;

(c) in accordance with judicially recognized exceptions to warrant requirements;

(d) if the owner has voluntarily and publicly disclosed the stored data;

(e) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;

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

(g) for any electronic devices found within the confines of a correctional facility.

(3) Any evidence obtained in violation of this section or 46-5-603 is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.

(4) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.

(5) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.
Mont. Code Ann. § 46-21-111 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-111
46-21-111 Preservation and disposal of biological evidence obtained in criminal proceeding
Status: in_force

46-21-111 . Preservation and disposal of biological evidence obtained in criminal proceeding. (1) (a) A law enforcement agency shall preserve biological evidence that the agency has reason to believe contains DNA material and that is obtained in connection with a felony for which a conviction is obtained. The agency shall preserve the evidence for a minimum of 3 years after the conviction in the case becomes final or for any period beyond 3 years that is required by a court order issued within 3 years after the conviction in the case becomes final.

(b) An agency may propose to dispose of biological evidence before the expiration of the time period described in subsection (1)(a) if the agency notifies the convicted person, the attorney of record for the convicted person, and the Montana public defender division administrator. The notification must include a description of the biological evidence, a statement that the agency will dispose of the evidence unless a party files an objection in writing within 120 days from the date of service of the notification in the court that entered the judgment, and the name and mailing address of the court where an objection may be filed. If an objection to the disposition of the evidence is not filed within the 120-day period, the agency may dispose of the evidence. If a written objection is filed, the court shall consider the reasons for and against disposition of the evidence, may hold a hearing on the proposed disposition of the evidence, and shall issue an order ruling on the matter as required by the interests of justice and the integrity of the criminal justice system.

(c) If a party objects to the disposition of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the evidence should be disposed of.

(2) Upon completion of laboratory analysis, the laboratory operated by the forensic sciences division of the department of justice shall permanently preserve under laboratory control any remaining biological evidence collected from items submitted to it.

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

(a) "Biological evidence" means any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, including the contents of a sexual assault examination kit, that is collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate any person of an offense.

(b) "DNA" means deoxyribonucleic acid.
Mont. Code Ann. § 46-18-246 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-246
46-18-246 Waiver or modification of payment
Status: in_force

46-18-246 . Waiver or modification of payment. (1) Except as limited by subsection (2), an offender may petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution or amount to be paid pursuant to 46-18-241 (2)(a).

(2) A court may not waive or adjust a restitution order within 1 year of imposition of the order or during any period while an offender is in the custody of the department of corrections.

(3) The court shall schedule a hearing and give a victim to whom restitution was ordered notice of the hearing date, place, and time and inform the victim that the victim will have an opportunity to be heard.

(4) If the court finds that the circumstances on which it based the imposition of restitution, amount of the victim's pecuniary loss, or method or time of payment no longer exist or that it otherwise would be unjust to require payment as imposed, the court may adjust or waive unpaid restitution or the amount to be paid pursuant to 46-18-241 (2)(a) or modify the time or method of making restitution.

(5) The court may extend the restitution schedule.
Mont. Code Ann. § 46-23-302 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-302
46-23-302 Order for hearing on application for executive clemency
Status: in_force

46-23-302 . Order for hearing on application for executive clemency. After a hearing panel has considered an application for executive clemency and has by majority vote favored a hearing or the governor has determined that a hearing is appropriate, the hearing panel shall pass an order in substance as follows:

"Whereas, the Board of Pardons and Parole has officially received an application for executive clemency concerning ...., a convict confined in the state prison (or concerning ...., who has been found guilty of an offense committed against the laws of the state), who was convicted of the crime of.... committed at ...., in the county of ...., State of Montana, on the .... day of ...., 20..., and sentenced for a term of .... years.

Therefore, it is ordered that ...., the .... day of ...., 20..., is set for the consideration of the executive clemency matter and all persons having an interest in the matter who desire to be heard either for or against the granting of the pardon, commutation, restoration of citizenship, or remission or suspension of fine or forfeiture are notified to be present at .... o'clock of that day, at .....

Further, it is ordered that a copy of this order be printed and published in the.... (here insert name of some newspaper of general circulation in the county where the crime was committed), a daily (or weekly) newspaper printed and published at ...., in the county of ...., once each week for 2 weeks beginning ...., 20..., and ending ....."
Mont. Code Ann. § 46-18-249 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-249
46-18-249 Civil actions by victim
Status: in_force

46-18-249 . Civil actions by victim. (1) The total amount that a court orders to be paid to a victim may be treated as a civil judgment against the offender and may be collected by the victim at any time, including after state supervision of the offender ends, using any method allowed by law, including execution upon a judgment, for the collection of a civil judgment. However, 46-18-241 through 46-18-248 and this section do not limit or impair the right of a victim to sue and recover damages from the offender in a separate civil action.

(2) The findings in the sentencing hearing and the fact that restitution was required or paid are not admissible as evidence in a separate civil action and have no legal effect on the merits of a separate civil action.

(3) Any restitution paid by the offender to the victim under a restitution order contained in a criminal sentence, including an amount or amounts paid in a civil proceeding to enforce payment of a restitution order contained in a criminal sentence, must be set off against any pecuniary loss awarded to the victim in a separate civil action arising out of the facts or events that were the basis for the restitution. The court trying the separate civil action shall determine the amount of any setoff asserted by the defendant under this section.
Mont. Code Ann. § 46-9-412 — MT Code / Title 46 / Chapter 9 / Part 4 / Section 46-9-412
46-9-412 Guaranteed arrest bond certificates
Status: in_force

46-9-412 . Guaranteed arrest bond certificates. (1) A domestic or foreign surety company that has qualified to transact surety business in this state may, in any year, become surety in an amount not exceeding $1,000 with respect to any guaranteed arrest bond certificates issued in the year by an automobile club or association or by an insurance company authorized to write automobile liability insurance within this state by filing with the commissioner of insurance an undertaking to become surety.

(2) The form of the undertaking must be prescribed by the commissioner of insurance and must include those matters required by 46-9-401 .
Mont. Code Ann. § 46-17-402 — MT Code / Title 46 / Chapter 17 / Part 4 / Section 46-17-402
46-17-402 Fees and fines -- collection
Status: in_force

46-17-402 . Fees and fines -- collection. (1) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in 61-8-726 and subsection (2) of this section, all fees and fines collected by the court must be paid into the city treasury.

(2) (a) The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court.

(b) In the event that a private person or entity is retained to collect a judgment, the municipal court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.

(c) The municipal court, after deducting the charges provided for in 46-18-236 , may pay the private person or entity a reasonable fee for collecting the judgment.
Mont. Code Ann. § 46-18-702 — MT Code / Title 46 / Chapter 18 / Part 7 / Section 46-18-702
46-18-702 Disposition of prisoner's earnings
Status: in_force

46-18-702 . Disposition of prisoner's earnings. The earnings of the prisoner must be collected by the sheriff. From those earnings, the sheriff shall pay the prisoner's board and personal expenses both inside and outside the jail and, to the extent directed by the court, pay the support of the prisoner's dependents, if any. Any balance must be retained until the prisoner's discharge.
Mont. Code Ann. § 46-9-109 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-109
46-9-109 Release or detention hearing
Status: in_force

46-9-109 . Release or detention hearing. (1) The release or detention of the defendant must be determined immediately upon the defendant's initial appearance.

(2) In determining whether the defendant should be released or detained, the court may use a validated pretrial risk assessment tool and shall take into account the available information concerning:

(a) the nature and circumstances of the offense charged, including whether the offense involved the use of force or violence;

(b) the history and characteristics of the defendant, including:

(i) the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to alcohol or drug abuse, criminal history, and record concerning the appearance at court proceedings;

(ii) whether at the time of the current arrest or offense, the defendant was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentencing for an offense;

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

(iv) whether the person must be detained pursuant to an interstate compact or agreement;

(c) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release;

(d) the property available as collateral for the defendant's release to determine if it will reasonably ensure the appearance of the defendant as required; and

(e) for a defendant charged with a violation of 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 against an intimate partner, a dangerousness or lethality assessment if it is available to the court.

(3) Upon the motion of any party or the court, a hearing may be held to determine whether bail is established in the appropriate amount or whether any other condition or restriction upon the defendant's release will reasonably ensure the appearance of the defendant and the safety of any person or the community.
Mont. Code Ann. § 46-11-110 — MT Code / Title 46 / Chapter 11 / Part 1 / Section 46-11-110
46-11-110 Filing complaint
Status: in_force

46-11-110 . Filing complaint. When a complaint is presented to a court charging a person with the commission of an offense, the court shall examine the sworn complaint or any affidavits, if filed, to determine whether probable cause exists to allow the filing of a charge.
Mont. Code Ann. § 46-5-222 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-222
46-5-222 Search warrants issued electronically or by telephone
Status: in_force

46-5-222 . Search warrants issued electronically or by telephone. (1) Whenever an application for a search warrant is made by telephone, the applicant shall, in addition to the requirements contained in 46-5-221 , state reasons to justify immediate issuance of a search warrant.

(2) (a) All testimony given over the telephone or electronically that is intended to support an application for a search warrant must be given on oath or affirmation and must identify the person testifying. For the purpose of this section, the judge is authorized to administer an oath or affirmation by telephone.

(b) All testimony in support of an application for a search warrant issued electronically must be:

(i) subscribed by the applicant in accordance with 1-6-105 ; and

(ii) attached to or logically associated with the electronic signature of the applicant as provided in 30-18-110 .

(3) (a) Sworn or affirmed testimony given over the telephone must be electronically recorded by the judge or a peace officer on a recording device in the custody of the judge or peace officer when the application is made.

(b) If the recording is made by the judge, the recording must be retained in the court records and must be transcribed verbatim as soon as possible after the application is made. The recording must include the time and date it was recorded.

(c) If the recording is made by a peace officer, the recording must be transcribed verbatim as soon as possible after the application for the warrant is made. The recording must contain the time and date when it was recorded. The peace officer making the recording shall, as soon as possible, provide the judge with the original recording and a transcription of the recording so that the judge may expeditiously verify the accuracy of the transcription. The original recording must be retained in the court records. The peace officer making the recording shall secure a copy of the recording and transcription of the recording in the same manner as other evidence is secured.

(4) (a) For a search warrant issued electronically, the applicant shall transmit to the judge an electronic record that is capable of being retained by the judge at the time the following are received:

(i) the application with an electronic signature that is attached to or logically associated with the application; and

(ii) as soon as possible after issuance, a copy of any warrant a judge signs by electronic signature.

(b) The electronic record transmitted pursuant to this subsection (4) must include the date and time of transmission and be retained in the court records.

(5) (a) If the judge approves a warrant over the telephone, the peace officer serving the warrant shall sign the search warrant in the officer's own name and in the judge's name. The peace officer signing the judge's name shall initial the judge's name indicating the signature was authorized by the judge but signed by the officer.

(b) If the judge signs the warrant by electronic signature, the peace officer serving the warrant shall initial the electronic signatures of the peace officer and the judge to indicate that the signatures were made electronically in accordance with this section.

(6) Any search warrant issued by telephone must be signed by the issuing judge or the judge's successor as soon as possible after it has been issued.

(7) An electronically issued warrant may not be challenged in a proceeding on the basis that either the copy of an application that is electronically made or the copy of a warrant a judge signs by electronic signature is improper if the electronic record is retained in the court records as either:

(a) an electronic record in accordance with 30-18-111 ; or

(b) a printed copy of an electronic record properly transmitted in accordance with subsection (4).
Mont. Code Ann. § 46-16-123 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-123
46-16-123 Absence of defendant on receiving verdict or at sentencing
Status: in_force

46-16-123 . Absence of defendant on receiving verdict or at sentencing. (1) In all misdemeanor cases, the verdict may be returned and the sentence imposed without the defendant being present.

(2) (a) In all felony cases, the defendant shall appear in person when the verdict is returned or the sentence is imposed unless, after the exercise of due diligence to procure the defendant's presence, the court finds that it is in the interest of justice that the verdict be returned and the sentence be pronounced in the defendant's absence.

(b) For purposes of subsection (2)(a), the defendant's appearance may be through 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 speaking to be seen. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201 .
Mont. Code Ann. § 46-11-410 — MT Code / Title 46 / Chapter 11 / Part 4 / Section 46-11-410
46-11-410 Multiple charges
Status: in_force

46-11-410 . Multiple charges. (1) When the same transaction may establish the commission of more than one offense, a person charged with the conduct may be prosecuted for each offense.

(2) A defendant may not, however, be convicted of more than one offense if:

(a) one offense is included in the other;

(b) one offense consists only of a conspiracy or other form of preparation to commit the other;

(c) inconsistent findings of fact are required to establish the commission of the offenses;

(d) the offenses differ only in that one is defined to prohibit a specific instance of the conduct; or

(e) the offense is defined to prohibit a continuing course of conduct and the defendant's course of conduct was interrupted, unless the law provides that the specific periods of the conduct constitute separate offenses.
Mont. Code Ann. § 46-32-106 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-106
46-32-106 Terminated
Status: in_force

46-32-106 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-5-311 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-311
46-5-311 Custody and disposition -- seizure without search warrant
Status: in_force

46-5-311 . Custody and disposition -- seizure without search warrant. (1) Evidence or contraband lawfully seized without a warrant may be retained in the custody of the officer making the seizure for a time sufficient to complete an investigation.

(2) Notice of the seizure and a receipt for the evidence or contraband seized must be given to the person from whose possession the evidence or contraband was taken and to the owner of the evidence or contraband if the owner is reasonably ascertainable. The failure to give a receipt may not render the evidence seized inadmissible at trial.
Mont. Code Ann. § 46-21-101 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-101
46-21-101 When validity of sentence may be challenged
Status: in_force

46-21-101 . When validity of sentence may be challenged. (1) A person adjudged guilty of an offense in a court of record who has no adequate remedy of appeal and who claims that a sentence was imposed in violation of the constitution or the laws of this state or the constitution of the United States, that the court was without jurisdiction to impose the sentence, that a suspended or deferred sentence was improperly revoked, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack upon any ground of alleged error available under a writ of habeas corpus, writ of coram nobis, or other common law or statutory remedy may petition the court that imposed the sentence to vacate, set aside, or correct the sentence or revocation order.

(2) If the sentence was imposed by a justice's, municipal, or city court, the petition may not be filed unless the petitioner has exhausted all appeal remedies provided by law. The petition must be filed with the district court in the county where the lower court is located.
Mont. Code Ann. § 46-5-220 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-220
46-5-220 Authority to issue search warrant
Status: in_force

46-5-220 . Authority to issue search warrant. (1) A peace officer, the city or county attorney, or the attorney general may apply for a search warrant.

(2) A search warrant may be issued by:

(a) a city or municipal court judge or justice of the peace within the judge's geographical jurisdiction; or

(b) a district court judge within this state.
Mont. Code Ann. § 46-20-311 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-311
46-20-311 Superseded
Status: in_force

46-20-311 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-1031 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1031
46-23-1031 Supervisory fees -- account established
Status: in_force

46-23-1031 . Supervisory fees -- account established. (1) (a) Except as provided in subsection (1)(c), a probationer, parolee, or person committed to the department who is supervised by the department:

(i) shall pay to the department a supervisory fee of no less than $120 a year and no more than $360 a year, prorated at no less than $10 a month for the number of months under supervision; or

(ii) under continuous satellite-based monitoring shall pay to the department a supervisory fee of no more than $4,000 a year as established by rules adopted by the department under 46-23-1010 .

(b) A person allowed to transfer supervision to another state shall pay a fee of $50 to cover the cost of processing the transfer. The interstate transfer fees required by this subsection must be collected by the department.

(c) The court, department, or board may reduce or waive a fee required by subsection (1)(a) or (1)(b) or suspend the monthly payment of the supervisory fee if it determines that the payment would cause the person a significant financial hardship.

(2) (a) There is an account in the state special revenue fund for the supervisory fees collected under the provisions of this section.

(b) The department shall deposit the total supervisory fees collected pursuant to subsection (1) into the state special revenue account established in subsection (2)(a).
Mont. Code Ann. § 46-18-704 — MT Code / Title 46 / Chapter 18 / Part 7 / Section 46-18-704
46-18-704 Reduction of sentence
Status: in_force

46-18-704 . Reduction of sentence. The committing court may, in its discretion, upon request of the county attorney and sheriff of such county, reduce the sentence of the prisoner up to one-fourth of the full term if, in the opinion of the court, the prisoner's conduct, diligence, and general attitude merit such diminution.
Mont. Code Ann. § 46-23-215 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-215
46-23-215 Conditions of parole
Status: in_force

46-23-215 . Conditions of parole. (1) A prisoner while on parole remains in the legal custody of the department but is subject to the orders of the board.

(2) (a) When a hearing panel issues an order for parole, the order must recite the conditions of parole. The hearing panel shall consider the parole guidelines governing conditions and the parole plan provided by the department before imposing conditions of parole to address the prisoner's criminogenic factors. If restitution was imposed as part of the sentence under 46-18-201 , the order of parole must contain a condition to pay restitution to the victim. The prisoner may not be paroled until the prisoner provides a biological sample for purposes of Title 44, chapter 6, part 1, if the prisoner has not already done so under 44-6-103 and if the prisoner was convicted of, or was found under 41-5-1502 to have committed, a sexual offense or violent offense.

(b) The board may require the prisoner convicted of a sexual offense to refrain from direct or indirect contact with a victim of the crime or with an immediate family member of the victim. If a victim or an immediate family member requests that the prisoner not contact the victim or immediate family member, the board shall require the prisoner to refrain from contact with the victim or immediate family member. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.

(c) An order for parole or any parole agreement signed by a prisoner may contain a clause waiving extradition.

(3) Whenever a hearing panel grants a parole to a prisoner on the condition that the prisoner obtain employment or secure suitable living arrangements or on any other condition that is difficult to fulfill while incarcerated, the hearing panel or the presiding officer of the board may grant the prisoner a furlough, not to exceed two consecutive 10-day periods, for purposes of fulfilling the condition. While on furlough, the prisoner is not on parole and is subject to official detention as defined in 45-7-306 . The prisoner remains in the legal custody of the department and is subject to all other conditions ordered by the hearing panel or the presiding officer of the board.

(4) For the purposes of this section, "sexual offense" and "violent offense" have the meanings provided in 46-23-502 .
Mont. Code Ann. § 46-18-1111 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1111
46-18-1111 Rulemaking authority
Status: in_force

46-18-1111 . Rulemaking authority. For purposes of handling expunged records, the department of justice may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 46-1-401 — MT Code / Title 46 / Chapter 1 / Part 4 / Section 46-1-401
46-1-401 Penalty enhancement -- pleading, proof, and mental state requirements
Status: in_force

46-1-401 . Penalty enhancement -- pleading, proof, and mental state requirements. (1) A court may not impose a penalty enhancement specified in Title 45, Title 46, or any other provision of law unless:

(a) the enhancing act, omission, or fact was charged in the information, complaint, or indictment, with a reference to the statute or statutes containing the enhancing act, omission, or fact and the penalty for the enhancing act, omission, or fact;

(b) if the case was tried before a jury, the jury unanimously found in a separate finding that the enhancing act, omission, or fact occurred beyond a reasonable doubt;

(c) if the case was tried to the court without a jury, the court finds beyond a reasonable doubt that the enhancing act, omission, or fact occurred; and

(d) a defendant who knowingly and voluntarily pleaded guilty to an offense also admitted to the enhancing act, omission, or fact.

(2) The enhancement issue may be submitted to a jury on a form separate from the verdict form or may be separately stated on the verdict form. The jury must be instructed that it is to reach a verdict on the offense charged in the information, complaint, or indictment before the jury can consider whether the enhancing act, omission, or fact occurred.

(3) An enhancing act, omission, or fact is an act, omission, or fact, whether stated in the statute defining the charged offense or stated in another statute, that is not included in the statutory definition of the elements of the charged offense and that allows or requires a sentencing court to add to, as provided by statute, a penalty provided by statute for the charged offense or to impose the death penalty instead of a statutory incarceration period provided by statute for the charged offense. Except as provided in subsection (4), the aggravating circumstances contained in 46-18-303 are enhancing acts, omissions, or facts.

(4) Use of the fact of one or more prior convictions for the same type of offense or for one or more other types of offenses to enhance the penalty for a charged offense is not subject to the requirements of this section.
Mont. Code Ann. § 46-15-106 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-106
46-15-106 Subpoenas for production of evidence
Status: in_force

46-15-106 . Subpoenas for production of evidence. (1) A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects designated in the subpoena.

(2) The court may direct that the books, papers, documents, or other objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered into evidence and may upon their production permit the books, papers, documents, or objects, or portions thereof, to be inspected by the parties and their attorneys.

(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.
Mont. Code Ann. § 46-10-106 — MT Code / Title 46 / Chapter 10 / Part 1 / Section 46-10-106
46-10-106 Waiver
Status: in_force

46-10-106 . Waiver. If the defendant waives the preliminary examination, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.
Mont. Code Ann. § 46-31-101 — MT Code / Title 46 / Chapter 31 / Part 1 / Section 46-31-101
46-31-101 Agreement on detainers -- enactment and text
Status: in_force

46-31-101 . Agreement on detainers -- enactment and text. The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Article II

As used in this agreement:

(1) "state" shall mean 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;

(2) "sending state" shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof;

(3) "receiving state" shall mean the state in which trial is to be had on an indictment, information, or complaint pursuant to Article III or Article IV hereof.

Article III

(1) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of imprisonment and the prisoner's request for a final disposition to be made of the indictment, information, or complaint; provided that for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(2) The written notice and request for final disposition referred to in subsection (1) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(3) The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(4) Any request for final disposition made by a prisoner pursuant to subsection (1) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this subsection shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(5) Any request for final disposition made by a prisoner pursuant to subsection (1) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of subsection (4) hereof and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner after completion of the prisoner's term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner's body in any court where the prisoner's presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(6) Escape from custody by the prisoner subsequent to the prisoner's execution of the request for final disposition referred to in subsection (1) hereof shall void the request.

Article IV

(1) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(1) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability either upon the governor's own motion or upon motion of the prisoner.

(2) Upon receipt of the officer's written request as provided in subsection (1) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(3) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(4) Nothing contained in this article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoner's delivery as provided in subsection (1), but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(5) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(5) hereof, such indictment, information, or complaint shall not be of any further force or effect and the court shall enter an order dismissing the same with prejudice.

Article V

(1) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(2) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(a) proper identification and evidence of the officer's or representative's authority to act for the state into whose temporary custody the prisoner is to be given;

(b) a duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(3) If the appropriate authority shall refuse or fail to accept temporary custody of said person or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the periods provided by this chapter, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice and any detainer based thereon shall cease to be of any force or effect.

(4) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for the prisoner's attendance at court and while being transported to or from any place at which the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(5) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(6) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(7) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(8) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this subsection shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions as to the payment of costs or responsibilities therefor.

Article VI

(1) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(2) No provision of this agreement and no remedy made available by this agreement shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement and who shall provide within and without the state information necessary to the effective operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable, and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement 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. § 46-23-508 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-508
46-23-508 Dissemination of information
Status: in_force

46-23-508 . Dissemination of information. (1) Information maintained under this part is confidential criminal justice information, as defined in 44-5-103 , except that:

(a) the name and address of a registered sexual or violent offender are public criminal justice information, as defined in 44-5-103 ; and

(b) the department of justice or the registration agency shall release any offender registration information that it possesses relevant to the public if the department of justice or the registration agency determines that a registered offender is a risk to the safety of the community and that disclosure of the registration information that it possesses may protect the public and, at a minimum:

(i) if the offender is also a violent offender, the department of justice shall and the registration agency may disseminate to the victim and the public:

(A) the offender's name; and

(B) the offenses for which the offender is required to register under this part;

(ii) if a sexual offender was given a level 1 designation under 46-23-509 , the department of justice shall and the registration agency may disseminate to the victim and the public:

(A) the offender's address;

(B) the name, photograph, and physical description of the offender;

(C) the offender's date of birth;

(D) the offenses for which the offender is required to register under this part;

(E) the offender's employer address; and

(F) the offender's postsecondary school address.

(iii) if a sexual offender was given a level 1 designation and committed an offense against a minor or was given a level 2 designation under 46-23-509 , the department of justice shall and the registration agency may disseminate to the victim and the public:

(A) the offender's address;

(B) the type of victim targeted by the offense;

(C) the name, photograph, and physical description of the offender;

(D) the offender's date of birth;

(E) the license plate number and a description of any motor vehicle owned or operated by the offender;

(F) the offenses for which the offender is required to register under this part;

(G) the offender's employer address;

(H) the offender's postsecondary school address; and

(I) any conditions imposed by the court upon the offender for the safety of the public; and

(iv) if a sexual offender was given a level 3 designation under 46-23-509 , the department of justice and the registration agency shall give the victim and the public notification that includes the information contained in subsection (1)(b)(iii). The notification must also include the date of the offender's release from confinement or, if not confined, the date the offender was sentenced, with a notation that the offender was not confined, and must include the community in which the offense occurred.

(c) prior to release of information under subsection (1)(b), a registration agency may, in its sole discretion, request an in camera review by a district court of the determination by the registration agency under subsection (1)(b). The court shall review a request under this subsection (1)(c) and shall, as soon as possible, render its opinion so that release of the information is not delayed beyond release of the offender from confinement.

(2) The identity of a victim of an offense for which registration is required under this part may not be released by a registration agency without the permission of the victim.

(3) Dissemination to the public of information allowed or required by this section may be done by newspaper, paper flyers, the internet, or any other media determined by the disseminating entity. In determining the method of dissemination, the disseminating entity should consider the level of risk posed by the offender to the public.

(4) The department of justice shall develop a model community notification policy to assist registration agencies in implementing the dissemination provisions of this section.
Mont. Code Ann. § 46-23-501 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-501
46-23-501 Short title
Status: in_force

46-23-501 . Short title. Section 46-18-255 and this part may be cited as the "Sexual or Violent Offender Registration Act".
Mont. Code Ann. § 46-9-505 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-505
46-9-505 Issuance of arrest warrant -- redetermining bail -- definition
Status: in_force

46-9-505 . Issuance of arrest warrant -- redetermining bail -- definition. (1) Upon failure to comply with any condition of a bail or recognizance, the court having jurisdiction at the time of the failure may, in addition to any other action provided by law, issue a warrant for the arrest of the person.

(2) On verified application by the prosecutor setting forth facts or circumstances constituting a breach or threatened breach of any of the conditions of the bail or a threat or an attempt to influence the pending proceeding, the court may issue a warrant for the arrest of the defendant.

(3) If the defendant has been released under the supervision of a pretrial services agency, referred to in 46-9-108 (1)(f), an officer of that agency may arrest the defendant without a warrant or may deputize any other officer with power of arrest to arrest the defendant by giving the officer oral authorization and within 12 hours delivering to the place of detention a verified written statement setting forth that the defendant has, in the judgment of the officer, violated the conditions of the defendant's release. An oral authorization delivered with the defendant by the arresting officer to the official in charge of a county detention center or other place of detention is a sufficient warrant for detention of the defendant if the pretrial officer delivers a verified written statement within 12 hours of the defendant's arrest.

(4) Upon the arrest, the defendant must be brought before the court without unnecessary delay and the court shall conduct a hearing and determine bail in accordance with 46-9-311 .

(5) As used in this section, "pretrial services agency" means a government agency or a private entity under contract with a local government whose employees have the minimum training required in 46-23-1003 and that is designated by a district court, justice's court, municipal court, or city court to provide services pending a trial.
Mont. Code Ann. § 46-16-201 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-201
46-16-201 Applicability of rules of evidence and civil rules
Status: in_force

46-16-201 . Applicability of rules of evidence and civil rules. The Montana Rules of Evidence and the statutory rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided.
Mont. Code Ann. § 46-11-405 — MT Code / Title 46 / Chapter 11 / Part 4 / Section 46-11-405
46-11-405 Discharge of codefendant
Status: in_force

46-11-405 . Discharge of codefendant. (1) When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the prosecutor, direct any defendant to be discharged so that the defendant may be a witness for the prosecution.

(2) When two or more persons are included in the same indictment or information and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to require the defendant to put on a defense, the court must order that defendant to be discharged before the evidence is closed so that the discharged defendant may be a witness for the codefendant.
Mont. Code Ann. § 46-23-205 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-205
46-23-205 Subpoenas -- issuance, service
Status: in_force

46-23-205 . Subpoenas -- issuance, service. (1) The board shall have the power to issue subpoenas compelling the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by the board or any member thereof.

(2) Subpoenas so issued may be served by any sheriff, constable, police officer, parole and probation officer, or other law enforcement officer.
Mont. Code Ann. § 46-4-402 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-402
46-4-402 Limitations on use of pen register or trap and trace device
Status: in_force

46-4-402 . Limitations on use of pen register or trap and trace device. (1) A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403 , except as provided in subsection (2). Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403 . The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.

(2) Subsection (1) does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:

(a) for the:

(i) operation, maintenance, or testing of the service;

(ii) protection of the rights and property of the provider; or

(iii) protection of a user of the service from abuse of or unlawful use of the service;

(b) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of the service from fraudulent, unlawful, or abusive use of the service; or

(c) if the consent of each person whose originating or transmitted number is recorded or decoded is obtained.

(3) A person who knowingly violates subsection (1) commits a criminal offense punishable upon conviction by incarceration for a period of up to 6 months and a fine of up to $500.
Mont. Code Ann. § 46-30-211 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-211
46-30-211 Requisition -- form
Status: in_force

46-30-211 . Requisition -- form. (1) A requisition for the extradition of a person charged with a crime in another state may not be recognized by the governor of this state unless it is in writing alleging that the accused was present in the requisitioning state at the time of the commission of the alleged crime and that after the crime the person fled from the state, except in cases arising under 46-30-204 , and accompanied by:

(a) a copy of an indictment found or information supported by an affidavit in the state having jurisdiction of the crime;

(b) a copy of an affidavit made before a magistrate in that state, together with a copy of any warrant that was issued; or

(c) a copy of a judgment of conviction or of a sentence imposed in execution of the judgment or sentence, together with a statement by the executive authority of the requisitioning state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, or parole.

(2) The indictment, information, or affidavit made before the magistrate must substantially charge the person requisitioned with having committed a crime under the law of that state. The copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the requisition.
Mont. Code Ann. § 46-4-122 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-122
46-4-122 Human deaths requiring inquiry by coroner -- rulemaking
Status: in_force

46-4-122 . Human deaths requiring inquiry by coroner -- rulemaking. (1) The coroner shall inquire into and determine the cause and manner of death and all circumstances surrounding a human death:

(a) that was caused or is suspected to have been caused:

(i) in any degree by an injury, either recent or remote in origin;

(ii) by the deceased or any other person that was the result of an act or omission, including but not limited to:

(A) a criminal or suspected criminal act;

(B) a medically suspicious death, unusual death, or death of unknown circumstances, including any fetal death; or

(C) an accidental death; or

(iii) by an agent, disease, or medical condition that poses a threat to public health;

(b) whenever the death occurred:

(i) while the deceased was incarcerated in a prison or confined to a correctional or detention facility owned and operated by the state or a political subdivision of the state;

(ii) while the deceased was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or a peace officer;

(iii) during or as a result of the deceased's employment;

(iv) less than 24 hours after the deceased was admitted to a medical facility or if the deceased was dead upon arrival at a medical facility; or

(v) in a manner that was unattended or unwitnessed and the deceased was not attended by a physician at any time in the 30-day period prior to death;

(c) if the dead human body is to be cremated or shipped into the state and lacks proper medical certification or burial or transmit permits; or

(d) that occurred under suspicious circumstances.

(2) In the case of a fetal death inquiry, the department of justice shall adopt rules governing the respectful transportation to and delivery of the fetus to the location where the autopsy will be performed. The rules must require that a fetus be transported in a crush-proof container that is labeled with the words "fragile--human remains inside".
Mont. Code Ann. § 46-23-1021 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1021
46-23-1021 Supervision on parole
Status: in_force

46-23-1021 . Supervision on parole. (1) The department shall retain custody of all persons placed on parole and shall supervise the persons during their parole periods in accordance with the conditions set by the board.

(2) The department shall assign personnel to assist a person who is eligible for parole in preparing a parole plan. Department personnel shall make a report of their efforts and findings to the board prior to its consideration of the case of the eligible person.

(3) A copy of the conditions of parole must be signed by the parolee and given to the parolee and to the parolee's probation and parole officer, who shall report on the parolee's progress under the rules of the board.

(4) The probation and parole officer shall regularly advise and consult with the parolee, use effective communication strategies and other evidence-based practices, assist the parolee in adjusting to community life, and inform the parolee of the restoration of rights on successful completion of the sentence.

(5) The probation and parole officer shall keep records as the board or department may require. All records must be entered in the master file of the individual.

(6) (a) Upon recommendation of the probation and parole officer, the board may conditionally discharge a parolee from supervision before expiration of the parolee's sentence if the board determines that a conditional discharge from supervision is in the best interests of the parolee and society and will not present unreasonable risk of danger to the victim of the offense.

(b) Any of the achievements listed in 46-23-1027 (2) must be considered a significant achievement by the board in deciding whether to grant a conditional discharge from supervision to a parolee.

(c) If the board discharges a parolee from supervision, the department is relieved of the obligation of supervising the parolee.

(d) For good cause, the board may return a parolee who was conditionally discharged to the status of a regular parolee.

(e) Subsection (6)(a) does not prohibit the board from revoking the parole, as provided in 46-23-1025 , of a parolee who has been conditionally discharged from supervision.
Mont. Code Ann. § 46-18-230 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-230
46-18-230 Legislative findings -- cost of criminal proceedings
Status: in_force

46-18-230 . Legislative findings -- cost of criminal proceedings. With respect to the cost of criminal proceedings, the legislature finds that:

(1) the vast majority of the cost of the criminal proceedings in the state is borne by the general taxpaying public;

(2) it is in the state's best interest to attempt to recover as much as possible of the cost of criminal proceedings from individuals who have been convicted of violating state laws;

(3) various courts in the state of Montana have recently held that certain reasonable fees imposed upon defendants in criminal proceedings in the state, such as fees for general cost of prosecution, pretrial supervision, and community service supervision, were unlawful because there was no specific statutory authorization for the imposition of the costs on the defendant; and

(4) the costs of prosecution and supervision of criminal defendants is a shared responsibility of the state and the counties.
Mont. Code Ann. § 46-4-202 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-202
46-4-202 Summoning and swearing in of jurors -- instructions
Status: in_force

46-4-202 . Summoning and swearing in of jurors -- instructions. (1) When holding an inquest, the coroner shall summon a jury of at least 6 but not more than 12 persons qualified by law to serve as jurors and selected at random from a list of eligible jurors that is furnished to the coroner annually by the county clerk of court.

(2) The jury selected by the coroner must be sworn by the coroner to inquire who the person was and when, where, and by what means the person died and into the circumstances attending the person's death and to render a true verdict on the death according to the evidence offered to them or arising from the inspection of the body.

(3) The coroner shall instruct the jurors as to their duties.
Mont. Code Ann. § 46-23-509 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-509
46-23-509 Psychosexual evaluations and sexual offender designations
Status: in_force

46-23-509 . Psychosexual evaluations and sexual offender designations. (1) Prior to sentencing of a person convicted of a sexual offense, a sexual offender evaluator who has a license endorsement as provided for in 37-1-139 shall provide the court with a psychosexual evaluation report recommending one of the following levels of designation for the offender:

(a) level 1, the risk of a repeat sexual offense is low;

(b) level 2, the risk of a repeat sexual offense is moderate;

(c) level 3, the risk of a repeat sexual offense is high, there is a threat to public safety, and the sexual offender evaluator believes that the offender is a sexually violent predator.

(2) Upon sentencing the offender, the court shall:

(a) review the psychosexual evaluation report, any statement by a victim, and any statement by the offender;

(b) designate the offender as level 1, 2, or 3; and

(c) designate a level 3 offender as a sexually violent predator.

(3) An offender designated as a level 2 offender or given a level designation by another state, the federal government, or the department under subsection (5) that is determined by the court to be similar to level 2 may petition the sentencing court or the district court for the judicial district in which the offender resides to change the offender's designation if the offender has enrolled in and successfully completed the treatment phase of either the prison's sexual offender treatment program or of an equivalent program approved by the department. After considering the petition, the court may change the offender's risk level designation if the court finds by clear and convincing evidence that the offender's risk of committing a repeat sexual offense has changed since the time sentence was imposed. The court shall impose one of the three risk levels specified in this section.

(4) If, at the time of sentencing, the sentencing judge did not apply a level designation to a sexual offender who is required to register under this part and who was sentenced prior to October 1, 1997, the department shall designate the offender as level 1, 2, or 3 when the offender is released from confinement.

(5) If an offense is covered by 46-23-502 (10)(a)(xviii), the offender registers under 46-23-504 (1)(c), and the offender was given a risk level designation after conviction by another state or the federal government, the department of justice may give the offender the risk level designation assigned by the other state or the federal government. All offenders convicted in another state or by the federal government who are not currently under the supervision of the department or the youth court and were not given a risk level designation after conviction shall provide to the department of justice all prior risk assessments and psychosexual evaluations done to evaluate the offender's risk to reoffend. Any offender without a risk assessment or psychosexual evaluation shall, at the offender's expense, undergo a psychosexual evaluation with a sexual offender evaluator who has a license endorsement as provided for in 37-1-139 . The results of the psychosexual evaluation may be requested by the attorney general or a county attorney for purposes of petitioning a district court to assign a risk level designation.

(6) The lack of a fixed residence is a factor that may be considered by the sentencing court or by the department in determining the risk level to be assigned to an offender pursuant to this section.

(7) Upon obtaining information that indicates that a sexual offender who is required to register under this part does not have a level 1, 2, or 3 designation, the offender, the attorney general, the county attorney that prosecuted the offender and obtained a conviction for a sexual offense, or the county attorney for the county in which the offender resides may, at any time, petition the district court that sentenced the offender for a sexual offense or the district court for the judicial district in which the offender resides to designate the offender as level 1, 2, or 3. Upon the filing of the petition, the court may order a psychosexual evaluation report at the petitioner's expense, or order that the results of all prior psychosexual evaluations be provided to all parties. The court shall provide the offender with an opportunity for a hearing prior to designating the offender. The petitioner shall provide the offender, the attorney general, and the county attorney that prosecuted the offender with notice of the petition and notice of the hearing. As provided in 46-23-506 (2)(d), petitions for relief from registration under this part must be filed in the appropriate Montana district court. Orders or other documents granting relief from registration requirements that originated in other jurisdictions are not valid in Montana.
Mont. Code Ann. § 46-6-210 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-210
46-6-210 Arrest by peace officer
Status: in_force

46-6-210 . Arrest by peace officer. A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds:

(1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a warrant for violation of a city ordinance may not be acted upon unless the person is located within the limits of the city in which the violation is alleged to have occurred; or

(2) that a felony warrant for the person's arrest has been issued in another jurisdiction.
Mont. Code Ann. § 46-19-402 — MT Code / Title 46 / Chapter 19 / Part 4 / Section 46-19-402
46-19-402 Effectuation of purposes of compact
Status: in_force

46-19-402 . Effectuation of purposes of compact. The department of corrections shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within its jurisdiction, including but not limited to the making and submission of the reports that are required by the compact.
Mont. Code Ann. § 46-13-110 — MT Code / Title 46 / Chapter 13 / Part 1 / Section 46-13-110
46-13-110 Omnibus hearing -- use of two-way electronic audio or video communication
Status: in_force

46-13-110 . Omnibus hearing -- use of two-way electronic audio or video communication. (1) Within a reasonable time following the entry of a not guilty plea but not less than 30 days before trial, the court shall hold an omnibus hearing.

(2) The purpose of the hearing is to expedite the procedures leading up to the trial of the defendant.

(3) The presence of the defendant is not required, unless ordered by the court. The prosecutor and the defendant's counsel shall attend the hearing. The prosecutor and the defendant or defendant's counsel may attend the hearing by two-way electronic audio or video communication if neither party objects and the court agrees to its use. The parties must be prepared to discuss any pretrial matter appropriate to the case, including but not limited to:

(a) joinder and severance of offenses or defendants, 46-11-404 , 46-13-210 , and 46-13-211 ;

(b) double jeopardy, 46-11-410 , 46-11-503 , and 46-11-504 ;

(c) the need for exclusion of the public and for sealing records of any pretrial proceedings, 46-11-701 ;

(d) notification of the existence of a plea agreement, 46-12-211 ;

(e) disclosure and discovery motions, Title 46, chapter 15, part 3;

(f) notice of reliance on certain defenses, 46-15-323 ;

(g) notice of seeking persistent felony offender status, 46-13-108 ;

(h) motion to suppress, 46-13-301 and 46-13-302 ;

(i) motion to dismiss, 46-13-401 and 46-13-402 ;

(j) motion for change of place of trial, 46-13-203 through 46-13-205 ;

(k) reasonableness of bail, Title 46, chapter 9; and

(l) stipulations.

(4) At the conclusion of the hearing, a court-approved memorandum of the matters settled must be signed by the court and counsel and filed with the court.

(5) Any motions made pursuant to subsections (1) through (3) may be ruled on by the court at the time of the hearing, where appropriate, or may be scheduled for briefing and further hearing as the court considers necessary.
Mont. Code Ann. § 46-1-1111 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1111
46-1-1111 Drug testing
Status: in_force

46-1-1111 . Drug testing. (1) The drug treatment court team shall ensure fair, accurate, and reliable drug testing procedures.

(2) A drug offender must be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.

(3) The results of all drug tests must be provided to the drug treatment court team as soon as practicable but, in the event of a positive drug test, not later than 7 days from the test.

(4) Anyone in receipt of drug test results shall maintain the information in confidentiality.

(5) A drug offender is responsible for costs, pursuant to 46-1-1112 (2).
Mont. Code Ann. § 46-12-205 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-205
46-12-205 Record of arraignment
Status: in_force

46-12-205 . Record of arraignment. The court must prepare and keep a written record of all arraignment proceedings. In district courts a verbatim record of all arraignment proceedings must be made, preserved, and filed with the court.
Mont. Code Ann. § 46-18-211 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-211
46-18-211 When no place of imprisonment is specified
Status: in_force

46-18-211 . When no place of imprisonment is specified. When a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence not to exceed 1 year shall be to the county jail.
Mont. Code Ann. § 46-14-223 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-223
46-14-223 Prioritization of admissions
Status: in_force

46-14-223 . Prioritization of admissions. The Montana state hospital shall prioritize admissions for evaluations and treatment as follows:

(1) first priority must be given to a pretrial defendant who has been ordered committed to be evaluated and treated under 46-14-221 ;

(2) second priority must be given to a pretrial defendant charged with a crime of violence, as defined in 46-18-104 , with an order of transport to the Montana state hospital; and

(3) as otherwise established by the department by administrative rule.
Mont. Code Ann. § 46-16-220 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-220
46-16-220 Child hearsay exception -- criminal proceedings
Status: in_force

46-16-220 . Child hearsay exception -- criminal proceedings. (1) Otherwise inadmissible hearsay may be admissible in evidence in a criminal proceeding, as provided in subsection (2), if:

(a) the declarant of the out-of-court statement is a child who is:

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

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

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

(c) the child is unavailable as a witness;

(d) the child 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 child 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 child's testimony.

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

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

(i) the child's age;

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) whether the statement was spontaneous;

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

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

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

(d) the availability of corroborative evidence through physical evidence or circumstantial evidence of motive or opportunity, including:

(i) whether the alleged act can be corroborated; and

(ii) if the child's statement identifies a perpetrator, whether that identity can be corroborated; and

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

(4) As used in this section, "child" means a person under 15 years of age.
Mont. Code Ann. § 46-18-132 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-132
46-18-132 Terminated
Status: in_force

46-18-132 . Terminated. Sec. 5, Ch. 306, L. 1995.
Mont. Code Ann. § 46-6-312 — MT Code / Title 46 / Chapter 6 / Part 3 / Section 46-6-312
46-6-312 Manner of arrest without warrant
Status: in_force

46-6-312 . Manner of arrest without warrant. A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority, of the intention to arrest that person, and of the cause of the arrest, except when the person to be arrested is actually engaged in the commission of or in an attempt to commit an offense or is pursued immediately after its commission, after an escape, or when the giving of the information will imperil the arrest.
Mont. Code Ann. § 46-20-202 — MT Code / Title 46 / Chapter 20 / Part 2 / Section 46-20-202
46-20-202 Superseded
Status: in_force

46-20-202 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-30-212 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-212
46-30-212 Investigation by governor
Status: in_force

46-30-212 . Investigation by governor. When a requisition is made upon the governor of this state by the executive authority of another state for the surrender of a person charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the requisition and to report to the governor the situation and circumstances of the person requisitioned and whether the person ought to be surrendered.
Mont. Code Ann. § 46-9-503 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-503
46-9-503 Violation of release condition -- forfeiture
Status: in_force

46-9-503 . Violation of release condition -- forfeiture. (1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release. Upon arrest, the defendant must be brought before a judge in accordance with 46-7-101 .

(2) If a defendant fails to appear before a court as required and bail has been posted, the judge may declare the bail forfeited. Notice of the order of forfeiture must be mailed to the defendant and the defendant's sureties at their last-known address within 10 working days or the bond becomes void and must be released and returned to the surety within 5 working days.

(3) If at any time within 90 days after the forfeiture the defendant's sureties surrender the defendant pursuant to 46-9-510 or appear and satisfactorily excuse the defendant's failure to appear, the judge shall direct the forfeiture to be discharged without penalty. If at any time within 90 days after the forfeiture the defendant appears and satisfactorily excuses the defendant's failure to appear, the judge shall direct the forfeiture to be discharged upon terms as may be just.

(4) The surety bail bond must be exonerated upon proof of the defendant's death or incarceration or subjection to court-ordered treatment in a foreign jurisdiction for a period exceeding the time limits under subsection (3).

(5) A surety bail bond is an appearance bond only. It cannot be held or forfeited for fines, restitution, or violations of release conditions other than failure to appear. The original bond is in effect pursuant to 46-9-121 and is due and payable only if the surety fails, after 90 days from forfeiture, to surrender the defendant or if the defendant fails to appear on the defendant's own within the same time period.
Mont. Code Ann. § 46-20-703 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-703
46-20-703 Action reviewing court may take
Status: in_force

46-20-703 . Action reviewing court may take. On appeal the reviewing court may:

(1) reverse, affirm, or modify the judgment or order from which the appeal is taken;

(2) set aside, affirm, or modify any or all of the proceedings subsequent to or dependent upon the judgment or order from which the appeal is taken;

(3) reduce the offense of which the appellant was convicted to a lesser included offense;

(4) reduce the punishment imposed by the trial court; or

(5) order a new trial if justice so requires.
Mont. Code Ann. § 46-3-110 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-110
46-3-110 Filing the charge
Status: in_force

46-3-110 . Filing the charge. (1) In all criminal prosecutions, the charge must be filed in the county where the offense was committed unless otherwise provided by law.

(2) A charge for violation of 45-7-306 after imposition of a state prison sentence or after commitment to the department of corrections may, at the discretion of the county attorney for the county in which the person was arrested and without objection from the person charged, be filed in any county in the state.
Mont. Code Ann. § 46-18-1106 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1106
46-18-1106 Notice
Status: in_force

46-18-1106 . Notice. (1) A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested.

(2) If a victim of an offense subject to a requested expungement exists, the prosecution office responsible for the conviction for which expungement is being requested shall attempt to notify the victim of the offense within 14 days of receiving the petition for expungement and shall document the attempt. The notification must include that the victim has the right to respond to the expungement request and must inform the victim of any dates scheduled for court hearings.
Mont. Code Ann. § 46-16-702 — MT Code / Title 46 / Chapter 16 / Part 7 / Section 46-16-702
46-16-702 Motion for a new trial
Status: in_force

46-16-702 . Motion for a new trial. (1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.

(2) The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.

(3) On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:

(a) deny the motion;

(b) grant a new trial; or

(c) modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.
Mont. Code Ann. § 46-16-701 — MT Code / Title 46 / Chapter 16 / Part 7 / Section 46-16-701
46-16-701 Effect of new trial
Status: in_force

46-16-701 . Effect of new trial. The granting of a new trial places the parties in the same position as if there had been no trial.
Mont. Code Ann. § 46-18-242 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-242
46-18-242 Investigation and report of victim's loss
Status: in_force

46-18-242 . Investigation and report of victim's loss. (1) (a) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111 :

(i) a list of the offender's assets; and

(ii) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.

(b) If the court does not order the probation officer, restitution officer, or other designated person to include information about a victim's pecuniary loss or loss of property in a presentence investigation, nothing precludes the victim from providing that information to the probation officer, restitution officer, or other designated person making the presentence investigation and report.

(2) When a presentence report is not requested, the court shall accept evidence of the victim's loss at the time of sentencing.
Mont. Code Ann. § 46-14-217 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-217
46-14-217 Admissibility of statements made during examination or treatment
Status: in_force

46-14-217 . Admissibility of statements made during examination or treatment. A statement made for the purposes of psychiatric or psychological examination or treatment provided for in this section by a person subjected to examination or treatment is not admissible in evidence against the person at trial on any issue other than that of the person's mental condition. It is admissible on the issue of the person's mental condition, whether or not it would otherwise be considered a privileged communication, only when and after the defendant presents evidence that due to a mental disease or disorder the defendant did not have a particular state of mind that is an element of the offense charged.
Mont. Code Ann. § 46-23-1001 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1001
46-23-1001 Definitions
Status: in_force

46-23-1001 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Board" means the board of pardons and parole provided for in 2-15-2305 .

(3) "Compliance violation" means a violation of the conditions of supervision that is not:

(a) a new criminal offense;

(b) possession of a firearm in violation of a condition of probation or parole;

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

(d) absconding; or

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

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

(5) "Misdemeanor probation officer" means a person who is employed by a county or municipality or who is employed by a private entity that contracts with a local government to provide misdemeanor probation supervision services pursuant to 46-23-1005 .

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

(7) "Probation" means the release by the court without imprisonment, except as otherwise provided by law, of a defendant found guilty of a crime upon verdict or plea, subject to conditions imposed by the court and subject to the supervision of the department upon direction of the court.

(8) "Probation and parole officer" means an officer employed by the department pursuant to 46-23-1002 .
Mont. Code Ann. § 46-8-103 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-103
46-8-103 Duration of assignment
Status: in_force

46-8-103 . Duration of assignment. (1) When counsel has been assigned, the assignment is effective until final judgment, including any proceeding upon direct appeal to the Montana supreme court, unless relieved by order of the court that assigned counsel or that has jurisdiction over the case.

(2) If counsel determines that an appeal would be frivolous or wholly without merit, counsel shall file a motion with the court requesting permission to withdraw. The motion must attest that counsel has concluded that an appeal would be frivolous or wholly without merit after reviewing the entire record and researching applicable statutes, case law, and rules and that the defendant has been advised of counsel's decision and of the defendant's right to file a response. The motion to withdraw must be accompanied by a memorandum discussing any issues that arguably support an appeal. The memorandum must include a summary of the procedural history of the case and any jurisdictional problems with the appeal, together with appropriate citations to the record and to the pertinent statutes, case law, and procedural rules bearing upon each issue discussed in the memorandum. Upon filing the motion and memorandum with the court, counsel's certificate of mailing must certify that copies of each filing were mailed to the local county attorney, the attorney general's office, and the defendant. The defendant is entitled to file a response with the court.
Mont. Code Ann. § 46-11-331 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-331
46-11-331 Finding indictment
Status: in_force

46-11-331 . Finding indictment. (1) The grand jury shall find an indictment when all the evidence before it taken together would in its judgment warrant a conviction by a trial jury. An indictment may be found only upon the concurrence of at least eight grand jurors.

(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. § 46-22-305 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-305
46-22-305 Production of evidence
Status: in_force

46-22-305 . Production of evidence. Evidence may be produced and compelled in preparation of a hearing as provided in Title 46, chapter 22.
Mont. Code Ann. § 46-5-223 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-223
46-5-223 To whom search warrant directed
Status: in_force

46-5-223 . To whom search warrant directed. A search warrant must be directed to a specific peace officer commanding the officer to search for and seize the evidence, contraband, or person designated in the warrant.
Mont. Code Ann. § 46-15-324 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-324
46-15-324 Materials not subject to disclosure
Status: in_force

46-15-324 . Materials not subject to disclosure. (1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.

(2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.

(3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:

(a) disclosure would result in substantial risk to the informant or to the informant's operational effectiveness; and

(b) the failure to disclose will not infringe the constitutional rights of the accused.
Mont. Code Ann. § 46-18-112 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-112
46-18-112 Content of presentence investigation report
Status: in_force

46-18-112 . Content of presentence investigation report. (1) Whenever an investigation is requested by the court, the probation and parole officer shall promptly inquire into and report upon:

(a) the defendant's characteristics, circumstances, needs, and potentialities, as reflected in a validated risk and needs assessment;

(b) the defendant's criminal record and social history;

(c) the circumstances of the offense;

(d) the time of the defendant's detention for the offenses charged;

(e) the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and

(f) the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not available or declines to confer, the officer shall record that information in the report.

(2) The following information pertaining to the defendant may also be included or considered in the report:

(a) prior criminal history;

(b) probation or parole history;

(c) official version of the offense or offenses;

(d) custody status;

(e) pending cases or charges against the defendant;

(f) probation officer recommendations;

(g) gang affiliation;

(h) background and ties to the community;

(i) history of substance use disorder;

(j) physical and mental health;

(k) employment history and status;

(l) education history; and

(m) prescreening and placement options.

(3) All local and state mental and correctional institutions, courts, and law enforcement agencies shall furnish, upon request of the officer preparing a presentence investigation, the defendant's criminal record and other relevant information.

(4) The court may, in its discretion, require that the presentence investigation report include a physical and mental examination of the defendant.

(5) Upon sentencing, the court shall forward to the sheriff all information contained in the presentence investigation report concerning the physical and mental health of the defendant, and the information must be delivered with the defendant as required in 46-19-101 .
Mont. Code Ann. § 46-16-504 — MT Code / Title 46 / Chapter 16 / Part 5 / Section 46-16-504
46-16-504 Items that may be taken into jury room
Status: in_force

46-16-504 . Items that may be taken into jury room. Upon retiring for deliberation, the jurors may take with them the written jury instructions read by the court, notes of the proceedings taken by themselves, and all exhibits that have been received as evidence in the cause that in the opinion of the court will be necessary.
Mont. Code Ann. § 46-20-315 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-315
46-20-315 Superseded
Status: in_force

46-20-315 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-17-304 — MT Code / Title 46 / Chapter 17 / Part 3 / Section 46-17-304
46-17-304 Disposition of fines for city ordinance violations when appealed
Status: in_force

46-17-304 . Disposition of fines for city ordinance violations when appealed. All fines obtained from a judgment in a higher court on an appeal from a city court for violation of a city ordinance, tried de novo in the higher court, shall be paid to the county treasurer, who shall, before 31 days after receipt of the sum, forward one-half of the amount to the treasurer of the city in which the action originated.
Mont. Code Ann. § 46-15-404 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-404
46-15-404 Sexual assault evidence kit collection and storage -- consent of patient -- notice to law enforcement
Status: in_force

46-15-404 . Sexual assault evidence kit collection and storage -- consent of patient -- notice to law enforcement. (1) Following the completion of hospital emergency services and forensic services for a sexual assault medical forensic examination, the health care professional providing the forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence kit for testing. The written consent must be on a form included in the kit and must indicate whether the patient consents to the release of information about the sexual assault to law enforcement.

(2) A health care facility that obtains written consent to release a sexual assault evidence kit to law enforcement shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in the area in which the health care facility is located within 24 hours after the kit is collected.

(3) (a) A health care facility that did not obtain written consent to release the sexual assault evidence kit to law enforcement shall inform the individual from whom the kit was obtained that the evidence will be forwarded to the office of victim services of the department of justice as an anonymous kit.

(b) The office of victim services shall store a sexual assault evidence kit for a minimum of 1 year before the kit may be destroyed.

(c) The individual from whom an anonymous sexual assault evidence kit was obtained or the individual's agent may provide consent for the kit to be tested at any time during that 1-year period.

(4) (a) A law enforcement agency that receives notice from a health care facility as provided in subsection (2) shall take possession of the sexual assault evidence kit from the health care facility within 5 business days after the evidence is collected.

(b) If the law enforcement agency determines that the alleged sexual assault occurred within the jurisdiction of another law enforcement agency and that it does not otherwise have jurisdiction over that alleged assault, the law enforcement agency in possession of the sexual assault evidence kit shall notify the law enforcement agency that has jurisdiction within 5 days after receiving the kit from the health care facility and shall forward the evidence to that jurisdiction.

(5) An investigating law enforcement agency that takes possession of a sexual assault evidence kit shall submit the evidence and an accompanying police report to a publicly accredited crime laboratory for forensic analysis within 30 days after receiving the kit from either a health care facility or another law enforcement agency.

(6) The failure of a law enforcement agency to submit a request for analysis within the time limits provided in this section does not constitute grounds in a criminal or civil proceeding to challenge the validity of a DNA evidence association, and a court may not exclude any evidence obtained from the sexual assault evidence kit on those grounds.
Mont. Code Ann. § 46-5-401 — MT Code / Title 46 / Chapter 5 / Part 4 / Section 46-5-401
46-5-401 Investigative stop and frisk
Status: in_force

46-5-401 . Investigative stop and frisk. (1) In order to obtain or verify an account of the person's presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. If the stop is for a violation under Title 61, unless emergency circumstances exist or the officer has reasonable cause to fear for the officer's own safety or for the public's safety, the officer shall as promptly as possible inform the person of the reason for the stop.

(2) A peace officer who has lawfully stopped a person or vehicle under this section may:

(a) request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance; and

(b) frisk the person and take other reasonably necessary steps for protection if the officer has reasonable cause to suspect that the person is armed and presently dangerous to the officer or another person present. The officer may take possession of any object that is discovered during the course of the frisk if the officer has probable cause to believe that the object is a deadly weapon until the completion of the stop, at which time the officer shall either immediately return the object, if legally possessed, or arrest the person.

(3) A peace officer who has lawfully stopped a person or vehicle under this section may make a reasonable attempt, upon reasonable suspicion and when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. The peace officer shall make a report to a federal immigration agency as defined in 27-16-801 if a person stopped under this section is not lawfully present in the United States.

(4) A peace officer acting under subsection (2) while the peace officer is not in uniform shall inform the person as promptly as possible under the circumstances and in any case before questioning the person that the officer is a peace officer.
Mont. Code Ann. § 46-23-101 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-101
46-23-101 Short title
Status: in_force

46-23-101 . Short title. Parts 1, 2, 3, and 10 of this chapter shall be known and may be cited as the "Parole and Executive Clemency Act".
Mont. Code Ann. § 46-19-303 — MT Code / Title 46 / Chapter 19 / Part 3 / Section 46-19-303
46-19-303 Power of governor to enter into contracts
Status: in_force

46-19-303 . Power of governor to enter into contracts. The governor may designate the department of corrections to enter into contracts recommended by the department on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to 46-19-301 .
Mont. Code Ann. § 46-23-109 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-109
46-23-109 Parole hearings and administrative reviews -- telephone -- videoconference
Status: in_force

46-23-109 . Parole hearings and administrative reviews -- telephone -- videoconference. The board's hearing panels may hold any hearing via interactive videoconference, may hold an administrative review via telephone conference, and, at the applicant's request, may hold a clemency hearing via telephone conference.
Mont. Code Ann. § 46-6-402 — MT Code / Title 46 / Chapter 6 / Part 4 / Section 46-6-402
46-6-402 Assisting a peace officer
Status: in_force

46-6-402 . Assisting a peace officer. (1) A peace officer making a lawful arrest may command the aid of persons 18 years of age or older.

(2) A person commanded to aid a peace officer in making an arrest:

(a) has the same authority to arrest as that officer; and

(b) is not civilly liable for any reasonable conduct in aid of the officer.
Mont. Code Ann. § 46-30-303 — MT Code / Title 46 / Chapter 30 / Part 3 / Section 46-30-303
46-30-303 Bail while awaiting requisition
Status: in_force

46-30-303 . Bail while awaiting requisition. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond or undertaking with sufficient sureties and in a sum that the judge or magistrate considers proper, conditioned for the prisoner's appearance before the judge or magistrate at a time specified in the bond or undertaking and for the prisoner's surrender to be arrested upon the governor's warrant of arrest and rendition.
Mont. Code Ann. § 46-3-113 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-113
46-3-113 Assisting in commission of or committing an offense
Status: in_force

46-3-113 . Assisting in commission of or committing an offense. Except as provided in 46-3-110 (2), if a person in one county commits an offense or aids, abets, or procures the commission of an offense in another county, the charge may be filed in either county.
Mont. Code Ann. § 46-4-405 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-405
46-4-405 Procedural irregularity -- rule of evidence
Status: in_force

46-4-405 . Procedural irregularity -- rule of evidence. An irregularity in a proceeding under this part may not be used to exclude evidence obtained under an order unless the irregularity affects substantial rights of the accused.
Mont. Code Ann. § 46-4-407 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-407
46-4-407 Definitions
Status: in_force

46-4-407 . Definitions. As used in 46-4-406 through 46-4-411 , the following definitions apply:

(1) "Custodial interrogation" means an interview conducted by a peace officer in a place of detention for the purpose of investigating a felony or, in the case of a youth, an offense that would be a felony if committed by an adult if the interview is reasonably likely to elicit a response from the person being interviewed that may incriminate the person being interviewed with regard to the commission of an offense.

(2) "Electronic recording" or "electronically recorded" means an audio recording, visual recording, or audiovisual recording, if available, that is an authentic, unaltered record of a custodial interrogation.

(3) "Place of detention" means a jail, police or sheriff's station, holding cell, correctional or detention facility, office, or other structure in this state where persons are held in connection with criminal charges or juvenile delinquency proceedings.

(4) "Statement" means an oral, written, sign language, or nonverbal communication.
Mont. Code Ann. § 46-20-302 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-302
46-20-302 Superseded
Status: in_force

46-20-302 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-18-703 — MT Code / Title 46 / Chapter 18 / Part 7 / Section 46-18-703
46-18-703 Transfer to another county
Status: in_force

46-18-703 . Transfer to another county. The court may by order authorize the sheriff of the sentencing county to arrange with a sheriff of any other county within the state of Montana to have the convicted person transferred to the other county where it appears the convicted person can continue the person's regular employment in the latter county. When the transfer has been made to another county, the sheriff of the sentencing county shall still collect all money earned by the convicted person and shall dispose of the money as provided by 46-18-702 .
Mont. Code Ann. § 46-11-601 — MT Code / Title 46 / Chapter 11 / Part 6 / Section 46-11-601
46-11-601 Recognizance by or deposition of witness
Status: in_force

46-11-601 . Recognizance by or deposition of witness. (1) If the defendant is held to answer after a preliminary examination, after the defendant has waived a preliminary examination, after the district court has granted leave to file an information, or after an indictment has been returned, the judge may:

(a) require any material witness for the state or defendant to enter into a written undertaking to appear at the trial; and

(b) provide for the forfeiture of a sum certain in the event the witness does not appear at the trial.

(2) Any witness who refuses to enter into a written undertaking may be remanded to custody but may not be held longer than is necessary to take the witness's deposition. After the deposition is taken, the witness must be immediately discharged.

(3) The deposition must be taken in the presence of the prosecutor and the defendant and the defendant's counsel unless either the prosecutor or the defendant and the defendant's counsel fail to attend after reasonable notice of the time and place set for taking the deposition.
Mont. Code Ann. § 46-30-405 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-405
46-30-405 No immunity from other criminal prosecutions
Status: in_force

46-30-405 . No immunity from other criminal prosecutions. After a person has been brought back to this state by extradition proceedings, the person may be tried in this state for other crimes that the person may be charged with having committed here as well as that specified in the requisition for the person's extradition.
Mont. Code Ann. § 46-23-505 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-505
46-23-505 Notice of change of name or residence or student, employment, or transient status -- duty to inform -- forwarding of information
Status: in_force

46-23-505 . Notice of change of name or residence or student, employment, or transient status -- duty to inform -- forwarding of information. (1) If an offender required to register under this part has a change of name or residence or a change in student, employment, or transient status, the offender shall within 3 business days of the change appear in person and give notification of the change to the registration agency with whom the offender last registered or, if the offender was initially registered under 46-23-504 (1)(b), to the registration agency for the county or municipality from which the offender is moving. The registration agency shall require the offender to appear before the registration agency for a new photograph every year.

(2) If an offender required to register under this part is a transient, the offender shall provide written notification to the registration agency with which the offender last registered or, if the offender initially registered pursuant to 46-23-504 (1)(b), shall provide notice within 3 business days to the registration agency in the county or municipality in which the offender resides.

(3) Within 3 business days after receipt of the information concerning the new name or residence or a change in the student, employment, or transient status, the registration agency shall forward the information to the department of justice, which shall forward a copy of the information and photograph to:

(a) in the event of a change in residence, the registration agency for the county to which the offender moves and, if the offender lives in a municipality, the registration agency for that municipality to which the offender moves;

(b) in the event of a change of name or of student, employment, or transient status, the registration agency of the appropriate county or municipality.

(4) If an offender who is required to register under this part is physically absent from the offender's county of residence for more than 10 consecutive days, the offender shall register in the county where the offender is physically located on the 11th day even if the offender claims to maintain a residence, as defined in 46-23-502 , in that county. The offender shall register again in the offender's county of residence when the offender returns to that county.

(5) If an offender is required to register under subsection (4), the offender shall register in any subsequent county where the offender is present for more than 24 hours until the offender registers again in the offender's county of residence.

(6) In the event an offender will be absent from this state for more than 7 days, the offender shall provide notice with the information required under this section in person to the registering agency no later than 3 days before their scheduled travel. The registering agency shall forward the information to the department of justice, which shall then notify the provided jurisdiction.
Mont. Code Ann. § 46-20-601 — MT Code / Title 46 / Chapter 20 / Part 6 / Section 46-20-601
46-20-601 Superseded
Status: in_force

46-20-601 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-1029 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1029
46-23-1029 Work time credit -- revocation -- definitions
Status: in_force

46-23-1029 . Work time credit -- revocation -- definitions. (1) The period of a probationer or parolee's supervision as imposed by the district court or the board may be adjusted for work time credit on the recommendation of a probation and parole officer.

(2) (a) Work time credit equals 1 day for every 40-hour workweek of eligible employment that a probationer or parolee completes while the probationer or parolee is:

(i) compliant with all the conditions imposed by the district court or the board; and

(ii) current on payments for court-ordered restitution or supervisory fees.

(b) A probationer or parolee shall provide supporting documentation to the supervising probation and parole officer within 5 business days after completing 30 days of eligible employment.

(3) (a) The supervising probation and parole officer shall verify the probationer or parolee's employment through the supporting documentation that is provided by the probationer or parolee and by any other means that the court, board, or probation and parole officer determines is necessary to verify the work, including site visits and verification by telephone.

(b) The probation and parole officer shall document any request for work time credit that is denied.

(4) Any work time credit awarded pursuant to this section must be revoked if the probationer or parolee:

(a) violates a condition imposed by the district court or the board;

(b) is charged with a new felony offense; or

(c) is charged with a new misdemeanor offense for which the probationer or parolee could be sentenced to incarceration for a period of more than 6 months.

(5) This section does not apply to an individual who is currently:

(a) subject to lifetime supervision as provided by law;

(b) required to register as sexual or violent offender pursuant to Title 46, chapter 23, part 5; or

(c) subject to a proceeding under the Youth Court Act as provided for in Title 41, chapter 5.

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

(a) "Eligible employment" means any occupation or combination of occupations for which a person can provide supporting documentation verifying at least 40 wage-earning hours in a 7-day period.

(b) "Supporting documentation" means an employment record, pay stub, employment letter, contract, or other reliable means of verifying employment.
Mont. Code Ann. § 46-5-111 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-111
46-5-111 Definitions
Status: in_force

46-5-111 . Definitions. As used in 46-5-111 through 46-5-113 , the following definitions apply:

(1) "Authorized user" means a person who has the permission of the owner to possess and operate the electronic device.

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

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

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

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

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

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

(5) "Owner" means a person who is the legal owner of the electronic device. If the electronic device is the subject of an agreement for the conditional sale of the electronic device with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the person possessing the device, or in the event the electronic device is subject to a lease, contract, or other legal arrangement vesting the right of possession or control in the person possessing the electronic device, then the owner is the person in whom the right of possession or control is vested.

(6) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.

(7) "Stored data" means data or records that are stored on an electronic device that contains:

(a) information revealing the identity of users of the applicable service, device, or program;

(b) information about a user's use of the applicable service, device, or program;

(c) information that identifies the recipient or destination of a wire communication or electronic communication sent to or by the user;

(d) the content of a wire communication or electronic communication sent to or by the user; or

(e) any data, documents, files, or communications stored by or on behalf of the user with the applicable service provider or on the user's electronic device.
Mont. Code Ann. § 46-5-212 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-212
46-5-212 Pawnbroker to surrender stolen property -- warrant
Status: in_force

46-5-212 . Pawnbroker to surrender stolen property -- warrant. (1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101 , the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court.

(2) As used in this section, "administrative warrant" means a warrant:

(a) issued by the administrative head, or the administrative head's designee, of the investigating agency of the jurisdiction;

(b) that describes the property to be held; and

(c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt.
Mont. Code Ann. § 46-4-308 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-308
46-4-308 Issuance of subpoena by certain officers -- definition
Status: in_force

46-4-308 . Issuance of subpoena by certain officers -- definition. (1) When an internet crimes against children task force officer has a duty to investigate an offense that involves the sexual exploitation of a minor, a justice of the supreme court or a district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the internet crimes against children task force officer and give testimony and produce books, records, papers, documents, and other objects as may be necessary and proper to the investigation.

(2) A subpoena under this section may be issued only when it relates to an investigation of an offense that involves the sexual exploitation of a minor and it appears on the affidavit of the internet crimes against children task force officer that the administration of justice requires it to be issued.

(3) A subpoena under this section may require the production of the following records or other documentation relevant to the investigation:

(a) name of an account holder;

(b) billing and service address;

(c) electronic mail address;

(d) internet user name;

(e) telephone number;

(f) internet protocol address;

(g) account status;

(h) source of payment for the service, including a credit card or bank account number;

(i) method of access to the internet; and

(j) automatic number identification records, if internet access is by modem.

(4) For the purposes of this section, "internet crimes against children task force officer" means a peace officer, as defined in 45-2-101 , who is assigned to the internet crimes against children task force that is located in the state and recognized by the United States department of justice.
Mont. Code Ann. § 46-22-307 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-307
46-22-307 Appeal by prosecution
Status: in_force

46-22-307 . Appeal by prosecution. An appeal may be taken to the supreme court by the prosecution from an order of judgment discharging the petitioner. The court may admit the petitioner to bail pending appeal as provided in 46-9-107 . The appeal must be taken in the same manner as in civil actions.
Mont. Code Ann. § 46-20-403 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-403
46-20-403 Superseded
Status: in_force

46-20-403 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-18-205 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-205
46-18-205 Mandatory minimum sentences -- restrictions on deferral or suspension
Status: in_force

46-18-205 . Mandatory minimum sentences -- restrictions on deferral or suspension. (1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:

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

(b) 45-5-504 , indecent exposure;

(c) 45-5-507 , incest; or

(d) 45-8-218 , deviate sexual conduct.

(2) Except as provided in 45-9-202 and 46-18-222 , the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:

(a) 45-5-103 (4), mitigated deliberate homicide;

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

(c) 45-5-302 (2), kidnapping;

(d) 45-5-303 (2), aggravated kidnapping;

(e) 45-5-401 (2), robbery;

(f) 45-5-502 (3) and (4), sexual assault;

(g) 45-5-503 (2) and (3), sexual intercourse without consent; and

(h) 45-5-706 , aggravated sex trafficking.

(3) Except as provided in 46-18-222 , the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102 , deliberate homicide, may not be deferred or suspended.

(4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-625 (4), or 45-5-711 .
Mont. Code Ann. § 46-18-307 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-307
46-18-307 Automatic review of sentence
Status: in_force

46-18-307 . Automatic review of sentence. The judgment of conviction and sentence of death are subject to automatic review by the supreme court of Montana as provided for in 46-18-308 through 46-18-310 .
Mont. Code Ann. § 46-1-301 — MT Code / Title 46 / Chapter 1 / Part 3 / Section 46-1-301
46-1-301 Notice to be given to attorney general when state department or board initiates or intervenes in an action
Status: in_force

46-1-301 . Notice to be given to attorney general when state department or board initiates or intervenes in an action. When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.
Mont. Code Ann. § 46-15-412 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-412
46-15-412 Testing of sexual assault evidence kits
Status: in_force

46-15-412 . Testing of sexual assault evidence kits. Except for a sexual assault evidence kit that is submitted to the department of justice as provided in 46-15-411 (2)(a), a local law enforcement agency shall submit all other kits to the division of forensic science within 30 days after the local law enforcement agency receives the kit.
Mont. Code Ann. § 46-18-1001 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1001
46-18-1001 Definitions
Status: in_force

46-18-1001 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Home" means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority.

(b) When more than one residence or family are located on a single piece of property, the term does not include the residence of any other person who is not part of the social unit formed by the offender's immediate family.

(2) "Home arrest" means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. It does not include intensive supervision by the department of corrections.

(3) "Monitoring device" means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. The device may include an apparatus for testing the offender's breath for the presence of alcohol. A telephone alone is not a monitoring device.

(4) "Supervising authority" means:

(a) in the case of an adult felon, the department of corrections;

(b) in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or

(c) in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court.

(5) "Violent felony offense" means deliberate homicide, mitigated deliberate homicide, negligent homicide, aggravated assault, negligent vehicular assault, kidnapping, aggravated kidnapping, robbery, sexual intercourse without consent, sexual abuse of children, arson, aggravated burglary, escape, any criminal attempt to commit an enumerated offense, or conviction as a persistent felony offender when the offender has a felony conviction for any of the listed offenses within the 5-year period preceding the date of the present conviction.
Mont. Code Ann. § 46-23-1026 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1026
46-23-1026 When prisoner considered a fugitive
Status: in_force

46-23-1026 . When prisoner considered a fugitive. A prisoner for whose return a warrant has been issued shall, after the issuance of the warrant, if it is found that the warrant cannot be served, be considered a fugitive or to have fled from justice.
Mont. Code Ann. § 46-1-1104 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1104
46-1-1104 Drug treatment court structure
Status: in_force

46-1-1104 . Drug treatment court structure. (1) Each judicial district or court of limited jurisdiction may establish a drug treatment court under which drug offenders may be processed to address an identified substance abuse problem as a condition of pretrial release, pretrial diversion under 46-16-130 , probation, incarceration, parole, or other release from a detention or correctional facility.

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

(3) A drug treatment court and governmental entities that refer an offender to a drug treatment court shall adopt an evidence-based program evaluation tool that measures how closely the drug treatment court programs meet the known principles of effective intervention. The tool must measure program content and capacity to ensure the delivery of effective interventions for offenders.

(4) A drug treatment court may grant reasonable incentives under a written agreement if the court finds that a drug offender is performing satisfactorily in drug treatment court, is benefiting from education, treatment, and rehabilitation, has not engaged in criminal conduct, and has not violated the terms and conditions of the agreement. Reasonable incentives may include but are not limited to:

(a) graduation certificates;

(b) early graduation;

(c) fee reduction or waiver of fees;

(d) record expungement of the underlying case; or

(e) reduced contact with a probation officer.

(5) The court may impose reasonable sanctions under the agreement, including incarceration or termination from the drug treatment court, if the court finds that the drug offender is not performing satisfactorily in drug treatment court, is not benefiting from education, treatment, or rehabilitation, has engaged in conduct rendering the offender unsuitable for the program, has otherwise violated the terms and conditions of the agreement, or is for any reason unable to participate. Sanctions may include but are not limited to:

(a) a short-term jail sentence;

(b) fines;

(c) extension of time in the program;

(d) peer review;

(e) geographical restrictions;

(f) termination; or

(g) contempt of court.

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

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

(8) The drug treatment court team shall, when practicable, conduct a staff meeting prior to each drug treatment court session to discuss and provide updated information regarding drug offenders. After determining the offender's progress or lack of progress, the court, with input from the drug treatment court team, shall determine the appropriate incentive or sanction to be applied.

(9) The provisions of this part apply only to offenders who qualify for participation based on qualifications established by each drug treatment court. The provisions of this part do not apply to drug offenders who have been convicted of a sexual offense, as defined in 46-23-502 . This part does not confer a right or expectation of a right to participate in a drug treatment court and does not obligate a drug treatment court to accept any offender. The establishment of a drug treatment court may not be construed as limiting the discretion of a prosecutor to act on any criminal case that the prosecutor considers advisable to prosecute. Each drug treatment court judge may establish rules and may make special orders and necessary rules that do not conflict with rules adopted by the Montana supreme court.

(10) Each drug offender shall contribute to the cost of drug treatment court in accordance with 46-1-1112 (2).

(11) A drug treatment court coordinator is responsible for the general administration of a drug treatment court under the direction of the drug treatment court judge.

(12) The supervising agency shall timely forward information to the drug treatment court concerning the drug offender's progress and compliance with any court-imposed terms and conditions.

(13) A department of corrections probation and parole officer may participate in a drug treatment court team if authorized by the department. The department may authorize participation if it determines, in its discretion, that the caseloads of local probation and parole officers permit participation. If necessitated by a change in caseloads, the department may withdraw authorization for participation by its probation and parole officers in a drug treatment court. The department of corrections may not authorize its probation and parole officers to supervise a participant of a drug treatment court program who has not been convicted of a felony offense and committed to the supervision of the department.
Mont. Code Ann. § 46-16-501 — MT Code / Title 46 / Chapter 16 / Part 5 / Section 46-16-501
46-16-501 Conduct of jury during trial
Status: in_force

46-16-501 . Conduct of jury during trial. (1) The jurors sworn to try an action may at any time, in the discretion of the court, be permitted to separate or be ordered to remain sequestered in the charge of a proper officer. If sequestered, the officer must be sworn to keep the jurors together, to allow no person to communicate with the jury or to personally communicate with the jury on any subject connected with the trial, and to return the jury into court as directed.

(2) Whether permitted to separate or sequestered, at each adjournment of the court, the jurors must be admonished that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial or to form or express any opinion on the trial until the cause is finally submitted to them.

(3) In all cases appealed to the supreme court, it must be conclusively considered that the court or judge gave the proper admonition in accordance with the provision of subsection (2) unless the record affirmatively shows the contrary.
Mont. Code Ann. § 46-20-204 — MT Code / Title 46 / Chapter 20 / Part 2 / Section 46-20-204
46-20-204 Stay of execution and relief pending appeal
Status: in_force

46-20-204 . Stay of execution and relief pending appeal. (1) If an appeal is taken, a sentence of death must be stayed by order of the trial court until final order by the supreme court.

(2) If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed by the trial court.

(3) If an appeal is taken, a sentence to pay a fine or a fine and costs must be stayed by the trial court or by the reviewing court.

(4) If an appeal is taken and the accused was admitted to probation, the accused shall remain on probation or post bail.
Mont. Code Ann. § 46-24-201 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-201
46-24-201 Services to victims of crime
Status: in_force

46-24-201 . Services to victims of crime. (1) Law enforcement personnel shall ensure that a victim of a crime receives emergency social and medical services as soon as possible and that the victim is given written notice, in the form supplied by the attorney general, of the following:

(a) the availability of crime victim compensation;

(b) access by the victim and the defendant to information about the case, including the right to receive documents under 46-24-106 ;

(c) the role of the victim in the criminal justice process, including what the victim can expect from the system, as well as what the system expects from the victim, and including the right to be accompanied during interviews as provided in 46-24-106 ; and

(d) stages in the criminal justice process of significance to a crime victim and the manner in which information about the stages may be obtained.

(2) In addition to the information supplied under subsection (1), law enforcement personnel shall provide the victim with written information on community-based victim treatment programs, including medical, housing, counseling, and emergency services available in the community.

(3) As soon as possible, law enforcement personnel shall give to the victim the following information:

(a) the name, office address, and telephone number of a law enforcement officer assigned to investigate the case; and

(b) the prosecuting attorney's name, office address, and telephone number.
Mont. Code Ann. § 46-6-313 — MT Code / Title 46 / Chapter 6 / Part 3 / Section 46-6-313
46-6-313 Release
Status: in_force

46-6-313 . Release. When no warrant has been issued, a peace officer having custody of a person arrested may release the arrested person without requiring that person to appear before a court when the officer is satisfied that there are insufficient grounds to commence prosecution.
Mont. Code Ann. § 46-22-102 — MT Code / Title 46 / Chapter 22 / Part 1 / Section 46-22-102
46-22-102 No release for technical defects
Status: in_force

46-22-102 . No release for technical defects. A person may not be released on a writ of habeas corpus due to any technical defect in commitment not affecting the person's substantial rights.
Mont. Code Ann. § 46-6-216 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-216
46-6-216 Manner of arrest with warrant
Status: in_force

46-6-216 . Manner of arrest with warrant. (1) When making an arrest pursuant to a warrant, a peace officer shall inform the person to be arrested of the officer's authority, the intention to arrest that person, the cause of the arrest, and the fact that a warrant has been issued for that person's arrest, except:

(a) when the person flees or forcibly resists before the peace officer has an opportunity to inform the person; or

(b) when the giving of the information will imperil the arrest.

(2) The peace officer need not have possession of the warrant at the time of the arrest, but after the arrest, the warrant must be shown to the person arrested as soon as practicable if the person requests.
Mont. Code Ann. § 46-19-304 — MT Code / Title 46 / Chapter 19 / Part 3 / Section 46-19-304
46-19-304 Commitment or transfer of inmate to institution outside of state
Status: in_force

46-19-304 . Commitment or transfer of inmate to institution outside of state. Any court or state agency having power to commit or transfer an inmate (as defined in Article II(4) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Western Interstate Corrections Compact.
Mont. Code Ann. § 46-17-201 — MT Code / Title 46 / Chapter 17 / Part 2 / Section 46-17-201
46-17-201 Juries in misdemeanor cases
Status: in_force

46-17-201 . Juries in misdemeanor cases. (1) The parties in a misdemeanor case are entitled to a jury of six qualified persons but may agree to a number less than six at any time before the verdict.

(2) Upon consent of the parties, a trial by jury may be waived.
Mont. Code Ann. § 46-23-207 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-207
46-23-207 Penalty for disobedience
Status: in_force

46-23-207 . Penalty for disobedience. Any person who without just cause fails or refuses to attend and testify, to answer any lawful inquiry, or to produce records, books, papers, and other documents if it is in the person's power to do so in obedience to a subpoena of the board or any member of the board shall be punished by a fine of not more than $200, by imprisonment for not longer than 60 days, or by both. Each day that a violation continues is considered to be a separate offense.
Mont. Code Ann. § 46-6-204 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-204
46-6-204 Minor irregularities in warrant
Status: in_force

46-6-204 . Minor irregularities in warrant. No warrant of arrest shall be dismissed nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.
Mont. Code Ann. § 46-18-1003 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1003
46-18-1003 Home arrest -- conditions -- fees
Status: in_force

46-18-1003 . Home arrest -- conditions -- fees. (1) A home arrestee must be confined to the arrestee's home under conditions imposed by the sentencing court, which may include but are not limited to the following:

(a) The home arrestee must be confined to the arrestee's home at all times except when:

(i) working at approved employment or traveling directly to and from employment;

(ii) seeking employment;

(iii) undergoing medical, psychiatric, or mental health treatment or participating in an approved counseling or aftercare program;

(iv) attending an educational institution or program approved by the supervising authority;

(v) attending a regularly scheduled religious service at a place of worship;

(vi) participating in an approved community service program; or

(vii) conforming to a schedule prepared by the supervising authority, specifically setting forth the times when the arrestee may be absent from the home and the locations where the arrestee may be during those times.

(b) The home arrestee may not change the place of home arrest or the schedule without prior approval of the supervising authority.

(c) The home arrestee shall maintain a telephone in the home and the ordered monitoring device on the arrestee's person at all times.

(d) Conditions set by the court or the supervising authority may include:

(i) restitution;

(ii) supervision fees under 7-32-2245 , 46-18-702 , 46-18-703 , or 46-23-1031 ;

(iii) any of the conditions imposed on persons on probation or conditional discharge under 46-23-1011 or 46-23-1021 .

(2) An arrest warrant may be issued if the supervising authority has reason to believe that the home arrestee has violated a condition of the home arrest. Upon arrest, the supervising authority shall notify the sentencing court and give the court a written report on the violation. The court shall conduct a hearing and, if the violation is established, may revoke the home arrest and require the home arrestee to serve all or a part of the sentence. If imposition of sentence was suspended, the court may impose any sentence that could have been originally imposed. Time spent under home arrest must be credited against any sentence to be served.
Mont. Code Ann. § 46-4-101 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-101
46-4-101 Jurisdiction -- death and cause of death in different counties
Status: in_force

46-4-101 . Jurisdiction -- death and cause of death in different counties. (1) The coroner of the county where a dead human body is found has jurisdiction if:

(a) the place of death is unknown;

(b) the dead human body was shipped into the county without proper permits; or

(c) the death occurred while the deceased was in transit in the state.

(2) When death occurs as a direct result of acts or events that occurred in another county, the coroner of the county where the acts or events causing death occurred has jurisdiction. If a coroner that has jurisdiction of a death fails to act, the state medical examiner has jurisdiction.

(3) A county coroner has primary jurisdiction in the county in which the coroner is appointed or elected to serve. However, a qualified coroner may serve in another county upon the request of the coroner or county attorney of that county. A coroner may travel to another county to inquire into a death pursuant to 46-4-122 .
Mont. Code Ann. § 46-16-215 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-215
46-16-215 Use of confession
Status: in_force

46-16-215 . Use of confession. Before an extrajudicial confession of the defendant to the crime charged may be admitted into evidence, the prosecution shall introduce independent evidence tending to establish the commission of the crime charged.
Mont. Code Ann. § 46-10-202 — MT Code / Title 46 / Chapter 10 / Part 2 / Section 46-10-202
46-10-202 Presentation of evidence
Status: in_force

46-10-202 . Presentation of evidence. (1) The defendant may not enter a plea. The judge shall hear the evidence without unnecessary delay. All witnesses must be examined in the presence of the defendant. The defendant may cross-examine witnesses against the defendant and may introduce evidence in the defendant's own behalf. For purposes of this section, a preliminary examination conducted by the use of two-way electronic audio-video communication that allows all of the participants to be observed and heard by all other participants and that allows the defendant to cross-examine witnesses is considered to be an examination of a witness in the presence of the defendant. Two-way electronic audio-video communication may not be used unless the defendant's counsel is physically present with the defendant, unless this requirement is waived by the defendant.

(2) During the examination of a witness or when the defendant is making a statement or testifying, the judge may, and on the request of the defendant or state shall, exclude all other witnesses. The judge may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.

(3) An objection to evidence on the ground that it has been acquired by unlawful means is not properly made at the preliminary examination. Motions to suppress must be made to the trial court as provided in 46-13-302 .

(4) For purposes of a hearing under this chapter, a defendant may, in the discretion of the court, appear before the court either by physical appearance or by two-way electronic audio-video communication. 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 counsel be in the defendant's physical presence during the two-way electronic audio-video communication. A judge may order a defendant's physical appearance in court for a preliminary examination.
Mont. Code Ann. § 46-10-203 — MT Code / Title 46 / Chapter 10 / Part 2 / Section 46-10-203
46-10-203 Disposition of defendant
Status: in_force

46-10-203 . Disposition of defendant. (1) If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.

(2) If it appears from the evidence that there is insufficient probable cause to believe that an offense has been committed or that the defendant committed it, the judge shall dismiss the complaint and discharge the defendant. The discharge of the defendant may not preclude the state from instituting a subsequent prosecution for the same offense.
Mont. Code Ann. § 46-23-504 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-504
46-23-504 Persons required to register -- procedure
Status: in_force

46-23-504 . Persons required to register -- procedure. (1) Except as provided in 41-5-1513 and 45-5-503 (5), a sexual or violent offender:

(a) shall register immediately upon conclusion of the sentencing hearing if the offender is not sentenced to confinement or is not sentenced to the department and placed in confinement by the department;

(b) must be registered as provided in 46-23-503 at least 10 days prior to release from confinement if sentenced to confinement or sentenced to the department and placed in confinement by the department;

(c) shall register within 3 business days of entering a county of this state for the purpose of residing or setting up a temporary residence for 10 days or more or for an aggregate period exceeding 30 days in a calendar year; and

(d) who is a transient shall register within 3 business days of entering a county of this state.

(2) Registration under subsection (1) must be with the appropriate registration agency. If an offender registers with a police department, the department shall notify the sheriff's office of the county in which the municipality is located of the registration. The probation officer having supervision over an offender required to register under subsection (1)(a) shall verify the offender's registration status with the appropriate registration agency.

(3) At the time of registering, the offender shall sign a statement in writing giving the information required by subsections (3)(a) through (3)(k) and any other information required by the department of justice. The registration agency shall fingerprint the offender, unless the offender's fingerprints are on file with the department of justice, photograph the offender, and obtain a DNA sample from the offender. Within 3 days, the registration agency shall send copies of the statement, fingerprints, and photographs to the department of justice. The registration agency shall send the DNA sample to the department of justice for analysis and entry of the DNA record into the DNA identification index. The registration agency shall require an offender given a level 2 or level 3 designation to appear before the registration agency for a new photograph every year. The information collected from the offender at the time of registration must include:

(a) the name of the offender and any aliases used by the offender;

(b) the offender's social security number;

(c) the residence information required by subsection (4);

(d) the name and address of any business or other place where the offender is or will be an employee;

(e) the name and address of any school where the offender will be a student;

(f) the offender's driver's license number;

(g) the description, registration number or identifier, and license number of all motor vehicles owned or operated by the offender;

(h) the following information related to the offender's internet activity:

(i) all e-mail addresses used by the offender;

(ii) all instant message addresses and identifiers;

(iii) all other designations or monikers used for self-identification in internet communications or postings; and

(iv) all designations used by the offender for the purpose of routing or self-identification in internet communications, postings, or social media accounts;

(i) any passports held or used by the offender. The department or its designee shall make a photocopy of the passports.

(j) all telephone numbers and any other designations used by the offender for the purposes of routing or self-identification in telephonic communications, including but not limited to:

(i) all cellular telephone numbers;

(ii) all landline telephone numbers; and

(iii) all voice over internet protocol telephone numbers; and

(k) all professional licenses, including the licensing number, licensing agency, and any other identifying information about a professional license issued to the offender that authorizes the offender to engage in an occupation or carry out a trade or business.

(4) (a) If, at the time of registration, the offender regularly resides in more than one county or municipality, the offender shall register with the registration agency of each county or municipality in which the offender resides. If an offender resides in more than one location within the same county or municipality, the registration agency shall require the offender to provide all of the locations where the offender regularly resides and to designate one of them as the offender's primary residence.

(b) Registration of more than one residence pursuant to this section is an exception from the single residence rule provided in 1-1-215 .

(5) A transient shall report monthly, in person, to the registration agency with which the transient registered pursuant to subsection (1)(d). The transient shall report on a day specified by the registration agency and during the normal business hours of that agency. On that day, the transient shall provide the registration agency with the information listed in subsections (3)(a) through (3)(k). The registration agency to which the transient reports may also require the transient to provide the locations where the transient stayed during the previous 30 days and may stay during the next 30 days.

(6) (a) The department of justice shall mail a registration verification form:

(i) each 90 days to an offender designated as a level 3 offender under 46-23-509 ;

(ii) each 180 days to an offender designated as a level 2 offender under 46-23-509 ; and

(iii) each year to a violent offender or an offender designated as a level 1 offender under 46-23-509 .

(b) If the offender is a transient, the department of justice shall mail the offender's registration verification form to the registration agency with which the offender last registered.

(c) The form must require the offender's notarized signature. Within 10 days after receipt of the form, the offender shall complete the form and return it to the registration agency where the offender last registered or, if the offender was initially registered pursuant to subsection (1)(b), to the registration agency in the county or municipality in which the offender is located. A sexual offender shall return the form to the appropriate registration agency in person, and at the time that the sexual offender returns the registration verification form, the registration agency shall take a photograph of the offender and collect a DNA sample if one has not already been collected. The registration agency shall send the DNA sample to the department of justice for analysis and entry into the DNA identification index.

(7) Within 3 days after receipt of a registration verification form, the registration agency shall provide a copy of the form and most recent photograph to the department of justice.

(8) The offender is responsible, if able to pay, for costs associated with registration. The fees charged for registration may not exceed the actual costs of registration. The department of justice may adopt a rule establishing fees to cover registration costs incurred by the department of justice in maintaining registration and address verification records. The fees must be deposited in the general fund.

(9) The clerk of the district court in the county in which a person is convicted of a sexual or violent offense shall notify the sheriff in that county of the conviction within 10 days after entry of the judgment.
Mont. Code Ann. § 46-4-401 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-401
46-4-401 Definitions
Status: in_force

46-4-401 . Definitions. As used in this part, the following definitions apply:

(1) "Pen register" means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached. The term does not include a device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services, such as but not limited to caller identification services, or used for cost accounting or similar purposes in the ordinary course of business.

(2) "Trap and trace device" means a device that records or decodes incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. The term does not include a device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services, such as but not limited to caller identification services, or used for cost accounting or similar purposes in the ordinary course of business.
Mont. Code Ann. § 46-13-104 — MT Code / Title 46 / Chapter 13 / Part 1 / Section 46-13-104
46-13-104 Ruling on motions
Status: in_force

46-13-104 . Ruling on motions. (1) A motion made before trial must be determined before trial unless the court, for good cause, orders it deferred for determination at the trial of the general issue or until after the verdict, but a determination may not be deferred if a party's right to appeal is adversely affected.

(2) Except where mandated by Title 46, the court has discretion to conduct a hearing on the merits of a motion.

(3) The court's final determination of any pretrial motion must state, either in writing or on the record, the court's findings of fact and conclusions of law.
Mont. Code Ann. § 46-4-306 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-306
46-4-306 Applicability of other laws -- costs
Status: in_force

46-4-306 . Applicability of other laws -- costs. (1) The fees and mileage of witnesses subpoenaed pursuant to this part are the same as those required in criminal actions. The state shall bear all costs, including the cost of service, when the application for the subpoena is made by the attorney general, the appropriate county shall bear all costs, including the cost of service, when the application for the subpoena is made by a county attorney, and the appropriate city shall bear all costs, including the cost of service, when the application for the subpoena is made by a city attorney.

(2) All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this part, including the provisions of 46-15-112 , 46-15-113 , and 46-15-120 .

(3) Each investigative cost, including testing of evidence and persons, must be borne by the governmental entity whose action created the cost, unless another governmental entity agrees to or by law is required to bear the cost.
Mont. Code Ann. § 46-18-1108 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1108
46-18-1108 When expungement not presumed
Status: in_force

46-18-1108 . When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201 , partner or family member assault under 45-5-206 , stalking under 45-5-220 , sexual assault under 45-5-502 , a violation of a protective order under 45-5-626 , or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.

(2) In making the determination of whether expungement should be granted, the district court shall consider:

(a) the age of the petitioner at the time the offense was committed;

(b) the length of time between the offense and the request;

(c) the rehabilitation of the petitioner;

(d) the likelihood that the person will reoffend; and

(e) any other factor the court considers relevant.
Mont. Code Ann. § 46-1-1110 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1110
46-1-1110 Treatment and support services
Status: in_force

46-1-1110 . Treatment and support services. (1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a clinically approved substance abuse treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommendations to the drug treatment court team regarding the type of treatment program and durations necessary so that a drug offender's individualized needs are addressed. The assessments and recommendations must be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court pursuant to this part must be considered to be reasonable and necessary.

(2) An adequate continuum of care for drug offenders must be established in response to this part.

(3) The drug treatment court shall, when practicable, ensure that one agency may not provide both assessment and treatment services for the drug treatment court to avoid potential conflicts of interest or the appearance that a diagnostic assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the agency provides.

(4) A drug treatment court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.

(5) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court must be governed by a memorandum of understanding, which must include the timely reporting of the drug offender's progress or lack of progress to the drug treatment court.

(6) Offenders must be provided with adequate support services and aftercare.

(7) The length of stay in treatment must be determined by the drug treatment court team based on individual needs and accepted practices.
Mont. Code Ann. § 46-30-225 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-225
46-30-225 Guilt or innocence of accused, when inquired into
Status: in_force

46-30-225 . Guilt or innocence of accused, when inquired into. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the requisition for extradition provided for in 46-30-211 has been presented to the governor except as it may be involved in identifying the person held as the person charged with the crime.
Mont. Code Ann. § 46-11-304 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-304
46-11-304 Appointing special prosecutor
Status: in_force

46-11-304 . Appointing special prosecutor. When the county attorney or attorney general is the subject of a grand jury investigation, the district court shall appoint a special prosecutor. If a special prosecutor is appointed, the county attorney's or attorney general's office may not participate in an official capacity, but staff members may appear as witnesses.
Mont. Code Ann. § 46-18-705 — MT Code / Title 46 / Chapter 18 / Part 7 / Section 46-18-705
46-18-705 Effect of violation of conditions
Status: in_force

46-18-705 . Effect of violation of conditions. In cases in which the convicted person violates the conditions of a sentence, the person must be returned to the court. The court may then require that the balance of the person's sentence be spent in full confinement, and further, the court may cancel any diminution of sentence granted under this part.
Mont. Code Ann. § 46-20-408 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-408
46-20-408 Superseded
Status: in_force

46-20-408 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-21-105 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-105
46-21-105 Amendment of petition -- waiver of grounds for relief
Status: in_force

46-21-105 . Amendment of petition -- waiver of grounds for relief. (1) (a) All grounds for relief claimed by a petitioner under 46-21-101 must be raised in the original or amended original petition. The original petition may be amended only once. At the request of the state or on its own motion, the court shall set a deadline for the filing of an amended original petition. If a hearing will be held, the deadline must be reasonably in advance of the hearing but may not be less than 30 days prior to the date of the hearing.

(b) The court shall dismiss a second or subsequent petition by a person who has filed an original petition unless the second or subsequent petition raises grounds for relief that could not reasonably have been raised in the original or an amended original petition.

(2) When a petitioner has been afforded the opportunity for a direct appeal of the petitioner's conviction, grounds for relief that were or could reasonably have been raised on direct appeal may not be raised, considered, or decided in a proceeding brought under this chapter. Ineffectiveness or incompetence of counsel in proceedings on an original or an amended original petition under this part may not be raised in a second or subsequent petition under this part.

(3) For purposes of this section, "grounds for relief" includes all legal and factual issues that were or could have been raised in support of the petitioner's claim for relief.
Mont. Code Ann. § 46-1-1212 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1212
46-1-1212 Funding
Status: in_force

46-1-1212 . Funding. (1) There is a mental health treatment court federal resources account in the federal special revenue fund that is administered by the office of court administrator. Any federal money received for funding mental health treatment courts must be deposited in the mental health treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the mental health treatment court federal resources account.

(2) A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs assessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection. Any fees received by the court from a participant are not court costs, charges, or fines.

(3) All federal funds received from grants for purposes of funding mental health treatment courts must be exhausted before money is spent from other appropriations for that purpose.

(4) This part does not prohibit mental health treatment court teams from obtaining supplemental funds.
Mont. Code Ann. § 46-18-1105 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1105
46-18-1105 Venue
Status: in_force

46-18-1105 . Venue. A person may file a petition for expungement in the district court of a judicial district in which the person was convicted of a misdemeanor for which expungement is sought.
Mont. Code Ann. § 46-30-214 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-214
46-30-214 Recall or reissuance of warrant
Status: in_force

46-30-214 . Recall or reissuance of warrant. The governor may recall the governor's warrant of arrest and rendition or may issue another warrant whenever the governor considers it proper.
Mont. Code Ann. § 46-14-204 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-204
46-14-204 Prosecution's right to examination
Status: in_force

46-14-204 . Prosecution's right to examination. (1) When the defense discloses the report of the examination to the prosecution or files a notice of the intention to rely on a defense of mental disease or disorder, the prosecution is entitled to have the defendant examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse.

(2) The report of the examination must be disclosed to the defense within 10 days of its receipt by the prosecution.
Mont. Code Ann. § 46-4-203 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-203
46-4-203 Coroner's subpoena
Status: in_force

46-4-203 . Coroner's subpoena. Upon the request of the county attorney, a coroner shall issue subpoenas for witnesses, returnable immediately or at a time and place the coroner may designate, that may be served by any competent person.
Mont. Code Ann. § 46-16-130 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-130
46-16-130 Pretrial diversion
Status: in_force

46-16-130 . Pretrial diversion. (1) (a) Prior to the filing of a charge, the prosecutor and a defendant who has counsel or who has voluntarily waived counsel may agree to the deferral of a prosecution for a specified period of time based on one or more of the following conditions:

(i) that the defendant may not commit any offense;

(ii) that the defendant may not engage in specified activities, conduct, and associations bearing a relationship to the conduct upon which the charge against the defendant is based;

(iii) that the defendant shall participate in a supervised rehabilitation program, which may include treatment, counseling, training, or education;

(iv) that the defendant shall make restitution in a specified manner for harm or loss caused by the offense; or

(v) any other reasonable conditions.

(b) The agreement must be in writing, must be signed by the parties, and must state that the defendant waives the right to speedy trial for the period of deferral. The agreement may include stipulations concerning the admissibility of evidence, specified testimony, or dispositions if the deferral of the prosecution is terminated and there is a trial on the charge.

(c) The prosecution must be deferred for the period specified in the agreement unless there has been a violation of its terms.

(d) The agreement must be terminated and the prosecution automatically dismissed with prejudice upon expiration and compliance with the terms of the agreement.

(2) A condition of pretrial diversion may be for the court to refer a defendant for evaluation to determine the appropriateness of proceedings pursuant to Title 53, chapter 21.

(3) Except as provided in 46-1-1104 and 46-1-1204 , after a charge has been filed, a deferral of prosecution may be entered into only after the prosecutor provides notice to the court.

(4) A prosecution for a violation of 61-8-1002 or aggravated driving under the influence as defined in 61-8-1001 may not be deferred.
Mont. Code Ann. § 46-20-102 — MT Code / Title 46 / Chapter 20 / Part 1 / Section 46-20-102
46-20-102 Superseded
Status: in_force

46-20-102 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-20-409 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-409
46-20-409 Superseded
Status: in_force

46-20-409 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-9-104 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-104
46-9-104 Bail on a new trial
Status: in_force

46-9-104 . Bail on a new trial. If the judgment of conviction is reversed and the cause remanded for a new trial, the trial court may order that the bail stand pending such trial or substitute, reduce, or increase bail.
Mont. Code Ann. § 46-4-112 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-112
46-4-112 Subpoenaing of witnesses and documents
Status: in_force

46-4-112 . Subpoenaing of witnesses and documents. (1) In an inquiry or inquest, a coroner may:

(a) issue subpoenas for witnesses as provided in 46-4-203 ; and

(b) issue subpoenas commanding the production of books, records, papers, documents, and other objects as may be necessary and proper to the inquiry or inquest.

(2) Any material subpoenaed pursuant to subsection (1)(b) is confidential criminal justice information, as defined in 44-5-103 , and public access to the information may be obtained only in accordance with 44-5-303 . However, any material produced at an inquest is public information.

(3) Disobedience of a subpoena issued under 46-4-203 or this section is punishable in the same manner as disobedience of a subpoena issued by a justice of the peace as provided in Title 3, chapter 10, part 4.
Mont. Code Ann. § 46-18-102 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-102
46-18-102 Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication
Status: in_force

46-18-102 . Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication. (1) The judgment must be rendered in open court. For purposes of this section, a judgment rendered through 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 speaking to be seen, is considered to be a judgment rendered in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201 .

(2) If the verdict or finding is not guilty, judgment must be rendered immediately and the defendant must be discharged from custody or from the obligation of a bail bond.

(3) (a) Except as provided in 46-18-301 , if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.

(b) When the sentence is pronounced, the judge shall clearly state for the record the reasons for imposing the sentence.
Mont. Code Ann. § 46-5-606 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-606
46-5-606 Rules of construction
Status: in_force

46-5-606 . Rules of construction. (1) Except as expressly provided, nothing in this part may be construed to limit an electronic communication service or any other party from disclosing information about a request issued by a governmental entity for electronic communication information.

(2) Nothing in 46-5-602 and 46-5-605 may be construed to limit the authority of a governmental entity to use a subpoena authorized under the laws of this state to require an entity that provides electronic communication services to its own officers, directors, employees, or agents for the purpose of carrying out their duties to disclose to the governmental entity the contents of an electronic communication to or from an officer, director, employee, or agent of the entity if the electronic communication is held, stored, or maintained on an electronic communication service owned or operated by the entity.

(3) Nothing in this part may be construed to limit a governmental entity's ability to use, maintain, or store information on its own electronic communication service or to disseminate information stored on its own electronic communication service.
Mont. Code Ann. § 46-9-512 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-512
46-9-512 Use of forfeited bail as restitution
Status: in_force

46-9-512 . Use of forfeited bail as restitution. (1) If the court enters a judgment declaring bail to be forfeited or if the order of forfeiture is not discharged, the court having jurisdiction may order the bail forfeited to be paid as restitution to any victim of the offense for which the court has received bail. Whenever the court believes that restitution may be proper, the court shall order a hearing for the purpose of considering the nature and extent of the victim's pecuniary loss as defined by law.

(2) If the court finds that restitution is appropriate, the court shall order restitution in an amount not exceeding the amount of the victim's complaint or the amount of the victim's pecuniary loss.

(3) An order to require restitution is a judgment against the defendant and the defendant's sureties, and the court may order the restitution to be made by payment of money deposited as bail. Any balance of the bail money must be disposed of in the same manner as provided in 46-9-511 .

(4) A determination or decision under this section is not admissible as evidence in any other civil action and is not res judicata in any civil action.
Mont. Code Ann. § 46-20-406 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-406
46-20-406 Superseded
Status: in_force

46-20-406 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-4-403 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-403
46-4-403 Order for pen register or trap and trace device -- installation -- disclosures
Status: in_force

46-4-403 . Order for pen register or trap and trace device -- installation -- disclosures. (1) A prosecutor may apply to the district court for an order, or for the extension of an existing order, for the installation and use of a pen register or a trap and trace device. The application must be in writing and under oath. The application must name the prosecutor and must also name the law enforcement agency that will use the pen register or trap and trace device. The applicant shall show probable cause for the order.

(2) If the court is satisfied that the applicant has shown probable cause for the order, the court shall issue the order. The order must state:

(a) the name, if known, of each person to whom the telephone line is leased or in whose name the telephone line to which a pen register or trap and trace device is to be attached is listed;

(b) the name, if known, of each person who is the subject of the criminal investigation;

(c) the number and, if known, the physical location of each telephone line to which a pen register or trap and trace device is to be attached and, for a trap and trace device, the geographic limits of the court order; and

(d) the offense or offenses to which the information that might be obtained relates.

(3) The order must direct the provider of the telephone service and a landlord, custodian, or other person to furnish the prosecutor and law enforcement agency with the information, facilities, and technical assistance necessary to install and operate the pen register or trap and trace device. The installation and operation must create the most minimal interference with the telephone service of each person whose originating or transmitted telephone number is recorded or decoded. Information received by the service provider from the operation of the pen register or trap and trace device must be given to the law enforcement agency at reasonable intervals during regular business hours.

(4) The order may cover a period not to exceed 60 days and may be extended for periods not to exceed 60 days for each extension. An extension may be granted only if the court is satisfied that probable cause for the extension has been shown.

(5) A person leasing or owning a telephone line that is subject to the order, the provider of the service, and any other person with knowledge of the order, pen register, or trap and trace device may not disclose the existence of the order, pen register, or trap and trace device to any person without the court's permission.

(6) A service provider, landlord, custodian, or other person must be reasonably compensated by the law enforcement agency for expenses incurred in furnishing facilities or assistance relating to the order.

(7) Proceedings conducted under this section are subject to the secrecy and disclosure provisions relating to grand jury proceedings. Any information obtained pursuant to an order issued under this section is confidential criminal justice information subject to the provisions of Title 44, chapter 5.
Mont. Code Ann. § 46-30-201 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-201
46-30-201 Fugitives from justice -- duty of governor
Status: in_force

46-30-201 . Fugitives from justice -- duty of governor. Subject to the provisions of this chapter, the provisions of the constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime who has fled from justice and is found in this state.
Mont. Code Ann. § 46-3-111 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-111
46-3-111 Place of trial
Status: in_force

46-3-111 . Place of trial. (1) The place of trial must be in the county where the charge is filed unless otherwise provided by law.

(2) All objections that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial. If an objection is made, a hearing must be held and the proper county in which to file the charge must be established before further proceedings may take place.
Mont. Code Ann. § 46-9-201 — MT Code / Title 46 / Chapter 9 / Part 2 / Section 46-9-201
46-9-201 Who may admit to bail
Status: in_force

46-9-201 . Who may admit to bail. A judge may admit to bail any defendant properly appearing before the judge in a bail proceeding unless the defendant is on a warrant from another jurisdiction. When bound over to any court or judge having jurisdiction of the offense charged, bail must be continued provided that the court or judge having jurisdiction may increase, reduce, or substitute bail unless the defendant is on a warrant from another jurisdiction. On appeal, a judge before whom the trial was had or a judge having the power to issue a writ of habeas corpus may admit the defendant to bail. For the purposes of this section, a defendant's appearance before a judge may be either by physical appearance before the court or by two-way electronic audio-video communication as provided in 46-9-206 .
Mont. Code Ann. § 46-23-512 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-512
46-23-512 Plea agreement agreeing to compliance with this part
Status: in_force

46-23-512 . Plea agreement agreeing to compliance with this part. A defendant convicted of an offense that would otherwise not be subject to registration under this part may agree to comply with the registration requirements of this part as part of a plea agreement, and a court accepting the plea agreement may order the defendant to comply with this part.
Mont. Code Ann. § 46-20-410 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-410
46-20-410 Superseded
Status: in_force

46-20-410 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-30-216 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-216
46-30-216 Authority of arresting officer
Status: in_force

46-30-216 . Authority of arresting officer. Every such peace officer or other person empowered to make the arrest shall have the same authority to command assistance in arresting the accused as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Mont. Code Ann. § 46-18-603 — MT Code / Title 46 / Chapter 18 / Part 6 / Section 46-18-603
46-18-603 Disposition of fines and forfeitures
Status: in_force

46-18-603 . Disposition of fines and forfeitures. All fines and forfeitures collected in any court except city courts must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred. After those costs are paid, the remainder, if not paid to a justice's court or otherwise provided by law, must be forwarded to the department of revenue for deposit in the state general fund.
Mont. Code Ann. § 46-15-403 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-403
46-15-403 Court order to protect privacy of victim
Status: in_force

46-15-403 . Court order to protect privacy of victim. Videotapes which are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the victim.
Mont. Code Ann. § 46-18-113 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-113
46-18-113 Availability of presentence investigation report
Status: in_force

46-18-113 . Availability of presentence investigation report. (1) All presentence investigation reports must be a part of the court record but may not be opened for public inspection. A copy of the presentence investigation report must be provided to the prosecution, the defendant and the defendant's attorney, the probation and parole officer, and the agency or institution to which the defendant is committed. The prosecutor may disclose the contents of the presentence report to a victim of the offense.

(2) The court having jurisdiction of the case may permit other access to the presentence investigation report as it considers necessary.