Mont. Code Ann. § 46-9-102 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-102
46-9-102 Bailable offenses
Status: in_force

46-9-102 . Bailable offenses. (1) All persons shall be bailable before conviction, except when death is a possible punishment for the offense charged and the proof is evident or the presumption great that the person is guilty of the offense charged.

(2) On the hearing of an application for admission to bail made before or after indictment or information for a capital offense, the burden of showing that the proof is evident or the presumption great that the defendant is guilty of the offense is on the state.
Mont. Code Ann. § 46-30-305 — MT Code / Title 46 / Chapter 30 / Part 3 / Section 46-30-305
46-30-305 Forfeiture of bail
Status: in_force

46-30-305 . Forfeiture of bail. If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Mont. Code Ann. § 46-8-113 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-113
46-8-113 Payment by defendant for assigned counsel -- costs to be filed with court -- collection of unpaid costs
Status: in_force

46-8-113 . Payment by defendant for assigned counsel -- costs to be filed with court -- collection of unpaid costs. (1) Subject to the provisions of subsections (2) and (3), as part of or as a condition of a sentence that is imposed under the provisions of this title, the court shall determine whether a convicted defendant should pay the costs of counsel assigned to represent the defendant as follows:

(a) If the defendant pleads guilty prior to trial:

(i) to one or more misdemeanor charges and no felony charges, the cost of counsel is $250; or

(ii) to one or more felony charges, the cost of counsel is $800.

(b) If the case goes to trial, the defendant shall pay the costs incurred by the office of state public defender for providing the defendant with counsel in the criminal trial. Upon request, the office of state public defender shall file with the court a statement of the hours spent on the case and the costs and expenses incurred for the trial.

(2) (a) The office of the court administrator shall prepare a single combined report for each court assessing costs under this section by individual defendant and provide a copy of the report to the office of state public defender on a monthly basis. The report must include available information to personally identify the defendant.

(b) The office of state public defender shall:

(i) notify the department of revenue of the defendant's unpaid costs and provide the department of revenue with the defendant's full name, social security number, and address and the amount of the defendant's unpaid costs; and

(ii) work cooperatively with the department of revenue to collect the defendant's unpaid costs.

(c) The department of revenue shall collect the defendant's unpaid costs assessed under this section. All costs collected by the department of revenue or the office of state public defender if the office receives or collects any costs owed under this section must be deposited in the state general fund and clearly credited against any balance owed by a defendant.

(d) The office of the court administrator, office of state public defender, and department of revenue shall develop a mutually agreed-upon report format and procedures for ensuring the timely and accurate transfer of information to collect unpaid costs assessed under this section.

(3) In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs and shall inform the defendant that purposely false or misleading statements by the defendant may result in criminal charges against the defendant.

(4) The court may not sentence a defendant to pay the costs for assigned counsel unless the defendant is or will be able to pay the costs imposed by subsection (1). The court may find that the defendant is able to pay only a portion of the costs assessed. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(5) A defendant who has been sentenced to pay costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may reduce all or part of the amount due in costs or modify the method of payment. The court shall notify the office of state public defender of any reduction to the amount due.

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

(7) Any costs imposed under this section must be included in the court's judgment.
Mont. Code Ann. § 46-9-121 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-121
46-9-121 Return of bail bond after conviction
Status: in_force

46-9-121 . Return of bail bond after conviction. If a commercial surety bond is posted as bail and the defendant is convicted, the bond must be released and returned to the surety within 30 days after the conviction. If the defendant appeals, the court may order that bail be provided during the appeal.
Mont. Code Ann. § 46-18-224 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-224
46-18-224 Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition
Status: in_force

46-18-224 . Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of an offense in which bodily injury occurred or was attempted or threatened and who knowingly used or carried a handgun loaded with armor-piercing ammunition during the commission of the offense must, in addition to the sentence for the offense, be sentenced to a term of imprisonment in the state prison of not less than 5 years or more than 25 years, except as provided in 46-18-222 .

(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense, and except as provided in 46-18-222 , the sentence may not be suspended and imposition of it may not be deferred.

(3) For purposes of this section:

(a) "armor-piercing ammunition" means ammunition which, if fired from a handgun under the test procedure of the national institute of law enforcement and criminal justice standard for the ballistics resistance of police body armor promulgated December 1978, is capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States department of justice and published in December 1978; and

(b) "handgun" means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.
Mont. Code Ann. § 46-4-103 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-103
46-4-103 Postmortem examination -- when conducted, scope
Status: in_force

46-4-103 . Postmortem examination -- when conducted, scope. (1) If in the opinion of the coroner a postmortem examination is advisable, the coroner shall order one performed on any dead human body for which the death requires an inquiry and shall retain a medical examiner or associate medical examiner to perform it. Performance of postmortem examinations is within the discretion of the coroner except that the county attorney or attorney general may require one. Consent of the family or next of kin of the deceased is not required for a postmortem examination that is ordered by the coroner, county attorney, or attorney general. In ordering a postmortem examination, the coroner, county attorney, or attorney general shall order the body to be exhumed if it has been interred.

(2) The right to conduct a postmortem examination includes the right to retain specimens the medical examiner performing the postmortem examination considers necessary.

(3) The department of justice shall pay any expenses incurred whenever a postmortem examination or investigation is initiated at the request of the state medical examiner or attorney general. The county shall pay any expenses incurred whenever a postmortem examination, investigation, or inquiry is initiated at the request of the county attorney or county coroner.

(4) If a county does not provide a morgue or other facility for postmortem examination, the county coroner may order the use of a funeral home or an appropriate hospital facility for the examination.

(5) Postmortem examinations performed under this section on a decedent whose death is under investigation and who has made an anatomical gift or on whose behalf an anatomical gift has been made must be performed in accordance with 72-17-217 and 72-17-218 .

(6) (a) A postmortem examination must be performed by the state medical examiner or a deputy state medical examiner whenever the death occurred:

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

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

(b) If a death under subsection (6)(a) occurred while the decedent was under medical care, a state or deputy state medical examiner must be consulted and the need for further examination determined on a case-by-case basis.

(7) The department of justice shall pay any expenses related to postmortem examinations performed under subsection (6).
Mont. Code Ann. § 46-1-1103 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1103
46-1-1103 Definitions
Status: in_force

46-1-1103 . Definitions. As used in this part, the following definitions apply:

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

(2) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.

(3) "Drug" includes:

(a) a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;

(b) an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or

(c) a harmful substance, which is a misused substance otherwise legal to possess, including alcohol.

(4) "Drug offender" means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense.

(5) "Drug treatment court" means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction.

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

(7) "Drug treatment court team" means a group of individuals appointed by the drug treatment court that may consist of the following members:

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

(b) the prosecutor;

(c) the defense attorney;

(d) a law enforcement officer;

(e) the drug treatment court coordinator;

(f) a probation and parole officer;

(g) substance abuse treatment providers;

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

(i) any other person selected by the drug treatment court.

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

(9) "Recidivism" has the meaning provided in 1-1-207 .

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

(11) "Substance abuse" means the illegal or improper consumption of a drug as defined in this section.

(12) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use.
Mont. Code Ann. § 46-23-1041 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1041
46-23-1041 Rental vouchers
Status: in_force

46-23-1041 . Rental vouchers. (1) If the department does not approve an offender's parole plan because the offender is unable to secure suitable living arrangements, the department may provide rental vouchers to the offender for a period not to exceed 3 months if the rental assistance will result in an approved parole plan.

(2) The voucher must be provided in conjunction with additional transition support that enables the offender to participate in programs and services, including but not limited to substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming.

(3) To receive rental vouchers and transitional assistance funds from the department of corrections, a recovery residence:

(a) must be a certified recovery residence, as defined in 53-24-310 ;

(b) shall notify a resident's probation or parole officer within 24 hours of the resident moving out, if a resident is on probation or parole when the resident moves out of the recovery residence; and

(c) shall permit residents to receive treatment and take medication prescribed by a qualified health care provider. The provisions of this subsection (3)(c) do not include a recovery residence or program that limits or prohibits the use of narcotic medication in order to provide a safe recovery environment to individuals who may be addicted to legal medication. The recovery residence or program shall report this practice as required in 53-24-311 (3)(b) and 53-24-313 .
Mont. Code Ann. § 46-4-123 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-123
46-4-123 Inquiry report
Status: in_force

46-4-123 . Inquiry report. (1) The coroner shall make a full report of the facts discovered in all human deaths requiring an inquiry under the provisions of 46-4-122 .

(2) The inquiry report must be:

(a) made using the Montana coroner death management system, if implemented and operational by the local agency;

(b) initiated within 24 hours after the death investigation; and

(c) completed as promptly as reasonable and commensurate with the availability of investigation information, excluding confidential criminal justice information and any other investigative material not necessary to determine cause or manner of death until the case is closed or charges are filed.

(3) For a death ruled to be a suicide, the report must include the results of any toxicology testing done as a part of the inquiry. The coroner of a county that has not implemented the Montana coroner death management system shall report the information required under this subsection to the department of public health and human services in the manner prescribed by the department.

(4) The coroner and the medical examiner must each have access to the system. The coroner shall make a copy of the system inquiry report available to the county attorney.
Mont. Code Ann. § 46-20-205 — MT Code / Title 46 / Chapter 20 / Part 2 / Section 46-20-205
46-20-205 Effect of an appeal by the state
Status: in_force

46-20-205 . Effect of an appeal by the state. An appeal taken by the state in no case stays or affects the operation of the judgment or order in favor of the defendant until judgment or order is reversed.
Mont. Code Ann. § 46-11-314 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-314
46-11-314 Reception of evidence
Status: in_force

46-11-314 . Reception of evidence. In the investigation of a charge, the grand jury shall receive no other evidence than that given by witnesses produced and sworn before it or that furnished by legal evidence or the deposition of a witness.
Mont. Code Ann. § 46-22-303 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-303
46-22-303 Refusal to obey writ -- contempt
Status: in_force

46-22-303 . Refusal to obey writ -- contempt. If the person commanded by the writ refuses to obey, that person must be adjudged in contempt of court.
Mont. Code Ann. § 46-16-112 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-112
46-16-112 Motion to discharge jury panel
Status: in_force

46-16-112 . Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected, drawn, notified, or summoned must be raised by a motion to discharge the jury panel. Except for good cause shown, the motion must be made at least 5 days prior to the start of the trial for which the jury is impaneled. To demonstrate good cause for the failure to raise a timely challenge, a party shall demonstrate that the party made a diligent and timely effort to investigate the manner in which the jury panel was selected, drawn, notified, or summoned.

(2) The motion must be in writing supported by affidavit and must state facts that show that the jury panel was improperly selected, drawn, notified, or summoned.

(3) If the motion states facts that show that the jury panel has been improperly selected, drawn, notified, or summoned, it is the duty of the court to conduct a hearing. The burden of proof is on the movant.

(4) If the court finds that the jury panel was improperly selected, drawn, notified, or summoned, the court shall order the jury panel discharged and the selection and drawing of a new panel in the manner provided by law.

(5) A motion to discharge a jury must be founded only on a material departure from the law in respect to the selection, drawing, notification, or summoning of the jury panel.
Mont. Code Ann. § 46-18-202 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-202
46-18-202 Additional restrictions on sentence
Status: in_force

46-18-202 . Additional restrictions on sentence. (1) The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:

(a) prohibition of the offender's holding public office;

(b) prohibition of the offender's owning or carrying a dangerous weapon;

(c) restrictions on the offender's freedom of association;

(d) restrictions on the offender's freedom of movement;

(e) a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;

(f) a requirement that the offender surrender any registry identification card issued under 16-12-503 or license issued under 16-12-203 ;

(g) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.

(2) Whenever the sentencing judge imposes a sentence of imprisonment in a state prison for a term exceeding 1 year, the sentencing judge may also impose the restriction that the offender is ineligible for parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the sentencing judge shall state the reasons for it in writing. If the sentencing judge finds that the restriction is necessary for the protection of society, the judge shall impose the restriction as part of the sentence and the judgment must contain a statement of the reasons for the restriction.

(3) If a sentencing judge requires an offender to surrender a registry identification card issued under 16-12-503 or license issued under 16-12-203 , the court shall return the card or license to the department of revenue and provide the department with information on the offender's sentence. The department shall revoke the card for the duration of the sentence and shall return the card if the offender successfully completes the terms of the sentence before the expiration date listed on the card.
Mont. Code Ann. § 46-5-227 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-227
46-5-227 Service and return of search warrant
Status: in_force

46-5-227 . Service and return of search warrant. Service of a search warrant is made by exhibiting the original warrant or a duplicate original warrant at the place to be searched, to the person to be searched, or to a known lawful occupant of a property to be searched. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the search warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. Failure to leave a copy and receipt may not render the property seized inadmissible at trial.
Mont. Code Ann. § 46-4-111 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-111
46-4-111 Coroner's authority to seize and preserve evidence
Status: in_force

46-4-111 . Coroner's authority to seize and preserve evidence. (1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.

(2) The application for a search warrant must:

(a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;

(b) particularly describe the place to be searched; and

(c) particularly describe the things to be seized.

(3) To preserve evidence of the cause of death, a coroner may:

(a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and

(b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).

(4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.
Mont. Code Ann. § 46-15-405 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-405
46-15-405 Statewide sexual assault evidence kit tracking system -- rulemaking
Status: in_force

46-15-405 . Statewide sexual assault evidence kit tracking system -- rulemaking. (1) The sexual assault response network program within the department of justice shall operate and maintain a statewide sexual assault evidence kit tracking system. The tracking system must:

(a) track the status of a sexual assault evidence kit from the collection site through the criminal justice process, including the initial collection at a health care facility, inventory and storage by law enforcement agencies, analysis at a crime laboratory, and storage or destruction after completion of analysis;

(b) allow law enforcement agencies, health care facilities, a crime laboratory, and other entities that receive, maintain, store, or preserve sexual assault evidence kits to update the status and location of the kits; and

(c) allow an individual to anonymously access the tracking system to track the location and status of the individual's sexual assault evidence kit.

(2) The department of justice shall adopt rules for developing and using the sexual assault evidence kit tracking system. Law enforcement agencies, health care facilities, and crime laboratories shall use the tracking system as provided in the rules.

(3) Information contained in the sexual assault evidence kit tracking system is confidential and not subject to public disclosure.
Mont. Code Ann. § 46-18-904 — MT Code / Title 46 / Chapter 18 / Part 9 / Section 46-18-904
46-18-904 Procedure upon review
Status: in_force

46-18-904 . Procedure upon review. (1) In each case in which an application for review is filed in accordance with 46-18-903 , the review division:

(a) (i) shall review the judgment as it relates to the sentence imposed and any other sentence imposed on the person at the same time; and

(ii) may order a different sentence or sentences to be imposed as could have been imposed at the time of the imposition of the sentence under review, including a decrease or increase in the penalty; or

(b) may decide that the sentence under review should stand.

(2) In reviewing a judgment, the division may require the production of presentence reports and any other records, documents, or exhibits relevant to the review proceedings. The person requesting the review may appear and has the right to be represented by counsel, and the state may be represented by the county attorney of the county in which the sentence was imposed. Any other interested person, including the sentencing judge, may attend and participate in the review proceedings.

(3) The sentence imposed by the district court is presumed correct. If the review division orders a different sentence, the court sitting in any convenient county shall resentence the person as ordered by the review division. Time served on the sentence reviewed is considered to have been served on the sentence substituted.
Mont. Code Ann. § 46-1-505 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-505
46-1-505 Privilege and confidentiality
Status: in_force

46-1-505 . Privilege and confidentiality. Mediation communications and documents are privileged and confidential and may not be disclosed in any judicial or administrative proceeding except when:

(1) the parties to the mediation agree, in writing, to disclosure;

(2) a written agreement by the parties to mediate permits disclosure;

(3) a communication or document provides evidence of an ongoing or future criminal activity;

(4) disclosure is necessary to prevent an action or event that is reasonably likely to result in death, serious bodily harm, or substantial injury to the financial interests or property of another;

(5) a communication or document is necessary to defend against a legal malpractice claim by the defendant against the defendant's attorney; or

(6) a communication or document is relevant to determining the existence of an agreement that resulted from the mediation or to the enforcement of an agreement.
Mont. Code Ann. § 46-18-231 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-231
46-18-231 Fines in felony and misdemeanor cases
Status: in_force

46-18-231 . Fines in felony and misdemeanor cases. (1) (a) Except as provided in subsection (1)(b), whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a felony penalty of imprisonment could be imposed, the sentencing judge may, in lieu of or in addition to a sentence of imprisonment, impose a fine only in accordance with subsection (3).

(b) For those crimes for which penalties are provided in the following sections, a fine may be imposed in accordance with subsection (3) in addition to a sentence of imprisonment:

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

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

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

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

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

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

(vii) 45-5-502 (3), sexual assault when the victim is less than 16 years old and the offender is 3 or more years older than the victim or the offender inflicts bodily injury in the course of committing the sexual assault;

(viii) 45-5-502 (4), sexual assault when the victim is a client receiving psychotherapy services and the offender is providing or purporting to provide psychotherapy services to the victim;

(ix) 45-5-503 (2) through (5), sexual intercourse without consent;

(x) 45-5-507 (5), incest when the victim is 12 years of age or younger and the offender is 18 years of age or older at the time of the offense;

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

(xii) 45-5-601 (3), prostitution when the person patronized or engaging in prostitution was a child and the offender was 18 years of age or older at the time of the offense;

(xiii) 45-5-625 (4), sexual abuse of children;

(xiv) 45-5-702 , 45-5-703 , 45-5-705 , 45-5-706 , or 45-5-711 , sex trafficking, labor trafficking, patronizing a victim of sex trafficking, aggravated sex trafficking, or child sex trafficking;

(xv) 45-9-101 (3), criminal possession with intent to distribute a dangerous drug; and

(xvi) 45-9-109 , criminal possession with intent to distribute dangerous drugs on or near school property.

(2) Whenever, upon a verdict of guilty or a plea of guilty or nolo contendere, an offender has been found guilty of an offense for which a misdemeanor penalty of a fine could be imposed, the sentencing judge may impose a fine only in accordance with subsection (3).

(3) The sentencing judge may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine and interest. In determining the amount and method of payment, the sentencing judge shall take into account the nature of the crime committed, the financial resources of the offender, and the nature of the burden that payment of the fine and interest will impose.

(4) Except as provided in subsection (5), a fine levied under this section in a felony case shall be in an amount fixed by the sentencing judge not to exceed $50,000.

(5) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on a fine levied under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601 , 25-30-102 , or 46-17-303 .
Mont. Code Ann. § 46-11-317 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-317
46-11-317 Secrecy of proceedings -- disclosure
Status: in_force

46-11-317 . Secrecy of proceedings -- disclosure. (1) Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to any prosecutor or investigator of this state and prosecutors or investigators from any other state or the federal government for use in the performance of the prosecutor's or investigator's duty.

(2) A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, or the prosecutor may not disclose matters occurring before the grand jury except as otherwise permitted by Title 46. An obligation of secrecy may not be imposed on a person except in accordance with this section. A knowing violation of this section may be punishable as contempt of court.

(3) Disclosure otherwise prohibited by this section of matters occurring before the grand jury may be made:

(a) if directed by the district court prior to or in combination with a judicial proceeding;

(b) when permitted by the district court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; or

(c) when permitted by the district court, to a defendant pursuant to a proper discovery motion.
Mont. Code Ann. § 46-15-116 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-116
46-15-116 Fees, costs, and expenses
Status: in_force

46-15-116 . Fees, costs, and expenses. (1) When a person attends before a judge, grand jury, or court as a witness in a criminal case upon a subpoena, the witness must receive the witness fee prescribed by Title 26, chapter 2, part 5, except as otherwise provided in this section.

(2) The court may determine the reasonable and necessary expenses of subpoenaed witnesses for an indigent defendant not represented by a public defender, as defined in 47-1-103 , and order the clerk of court to pay the expenses.

(3) When a person is subpoenaed in this state to testify in another state or is subpoenaed from another state to testify in this state, the person must be paid for lodging, mileage or travel, and per diem, the sum equal to that allowed by Title 2, chapter 18, part 5, for each day that the person is required to travel and attend as a witness. If the state where the witness is found has by statute required that the subpoenaed witness be paid an amount in excess of the amount specified in this section, the witness may be paid the amount required by that state.

(4) The witness fees, costs, and expenses must be paid as provided in 26-2-506 .
Mont. Code Ann. § 46-14-214 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-214
46-14-214 Form of verdict and judgment -- determination of maximum period of confinement -- victim findings
Status: in_force

46-14-214 . Form of verdict and judgment -- determination of maximum period of confinement -- victim findings. (1) When the defendant is found not guilty of the charged offense or offenses or any lesser included offense for the reason that due to a mental disease or disorder the defendant did not have a particular state of mind that is an essential element of the offense charged, the verdict and the judgment must state that reason.

(2) The court shall determine on the record the charged offense or offenses or any lesser included offense for which the person otherwise may have been convicted and the maximum sentence that the defendant may have received. If there is more than one offense charged, the maximum sentence is limited to the longest single sentence from all charged offenses.

(3) The court shall make specific findings regarding whether there is a victim of the crime for which the defendant is found not guilty and, if so, whether the victim wishes to be notified of any conditional release, discharge, or escape of the defendant.
Mont. Code Ann. § 46-23-1023 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1023
46-23-1023 Arrest of alleged parole violator
Status: in_force

46-23-1023 . Arrest of alleged parole violator. (1) At any time during release on parole or conditional release, the department may issue a warrant for the arrest of the parolee for violation of any of the conditions of release or a notice to appear to answer to a charge of violation. The notice must be served personally upon the parolee. The warrant must authorize all officers named in the warrant to return the parolee to the actual custody of the penal institution from which the parolee was released or to any other suitable detention facility designated by the department.

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

(3) Pending a hearing, as provided in 46-23-1024 and 46-23-1025 , upon any charge of violation the parolee may, if circumstances warrant, be incarcerated in the institution.

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

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

(b) initiate an intervention hearing; or

(c) initiate the revocation process with an initial hearing.
Mont. Code Ann. § 46-6-412 — MT Code / Title 46 / Chapter 6 / Part 4 / Section 46-6-412
46-6-412 Arrest by United States customs and border protection officer or immigration and customs enforcement officer
Status: in_force

46-6-412 . Arrest by United States customs and border protection officer or immigration and customs enforcement officer. A United States customs and border protection officer or immigration and customs enforcement officer may make an arrest without a warrant if the officer is on duty and one or more of the following situations exist:

(1) A person commits or attempts to commit an offense in the officer's presence.

(2) The officer believes on reasonable grounds that the person is committing an offense or that the person committed an offense and the circumstances require the person's immediate arrest.

(3) The officer believes on reasonable grounds that a warrant for the person's arrest has been issued in this state.

(4) The officer believes on reasonable grounds that a felony warrant for the person's arrest has been issued in another jurisdiction.
Mont. Code Ann. § 46-18-219 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-219
46-18-219 Life sentence without possibility of release
Status: in_force

46-18-219 . Life sentence without possibility of release. (1) (a) Except as provided in subsection (3), if an offender convicted of one of the following offenses was previously convicted of one of the following offenses or of an offense under the laws of another state or of the United States that, if committed in this state, would be one of the following offenses, the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed:

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

(ii) 45-5-303 , aggravated kidnapping;

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

(iv) 45-5-627 , except subsection (1)(b), ritual abuse of a minor; or

(v) 45-5-508 , aggravated sexual intercourse without consent.

(b) Except as provided in subsection (3), if an offender convicted of one of the following offenses was previously convicted of two of the following offenses, two of any combination of the offenses listed in subsection (1)(a) or the following offenses, or two of any offenses under the laws of another state or of the United States that, if committed in this state, would be one of the offenses listed in subsection (1)(a) or this subsection, the offender must be sentenced to life in prison, unless the death penalty is applicable and imposed:

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

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

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

(iv) 45-5-302 , kidnapping;

(v) 45-5-401 , robbery; or

(vi) 45-5-711 , child sex trafficking.

(2) Except as provided in 46-23-210 and subsection (3) of this section, an offender sentenced under subsection (1):

(a) shall serve the entire sentence;

(b) shall serve the sentence in prison;

(c) may not for any reason, except a medical reason, be transferred for any length of time to another type of institution, facility, or program;

(d) may not be paroled; and

(e) may not be given time off for good behavior or otherwise be given an early release for any reason.

(3) If the offender was previously sentenced for either of two or three offenses listed in subsection (1), pursuant to any of the exceptions listed in 46-18-222 , then the provisions of subsections (1) and (2) of this section do not apply to the offender's present sentence.

(4) The imposition or execution of the sentences prescribed by this section may not be deferred or suspended. In the event of a conflict between this section and any provision of 46-18-201 or 46-18-205 , this section prevails.

(5) (a) For purposes of this section, "prison" means a secure detention facility in which inmates are locked up 24 hours a day and that is operated by this state, another state, the federal government, or a private contractor.

(b) Prison does not include a work release center, prerelease center, boot camp, or any other type of facility that does not provide secure detention.
Mont. Code Ann. § 46-13-210 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-210
46-13-210 Trial of indictments, informations, complaints, or defendants together
Status: in_force

46-13-210 . Trial of indictments, informations, complaints, or defendants together. The court may order two or more indictments, informations, complaints, or defendants to be tried together if the interests of justice require and the charges or defendants could have been joined in a single indictment, information, or complaint as provided for in 46-11-404 .
Mont. Code Ann. § 46-15-329 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-329
46-15-329 Sanctions
Status: in_force

46-15-329 . Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:

(1) ordering disclosure of the information not previously disclosed;

(2) granting a continuance;

(3) holding a witness, party, or counsel in contempt for an intentional violation;

(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or

(5) declaring a mistrial when necessary to prevent a miscarriage of justice.
Mont. Code Ann. § 46-20-304 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-304
46-20-304 Superseded
Status: in_force

46-20-304 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-4-121 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-121
46-4-121 Inquiry defined
Status: in_force

46-4-121 . Inquiry defined. For the purposes of this part, an inquiry by a county coroner is an informal examination of a death and its attendant circumstances to determine whether:

(1) an inquest, which is a formal inquiry, should be held;

(2) the reporting physician should certify the death;

(3) any further action or examination should be made concerning a death; or

(4) there is anything unusual or remarkable about a death that may warrant further action by the county attorney or the law enforcement agency that has jurisdiction.
Mont. Code Ann. § 46-32-101 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-101
46-32-101 Terminated
Status: in_force

46-32-101 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-18-903 — MT Code / Title 46 / Chapter 18 / Part 9 / Section 46-18-903
46-18-903 Application for review
Status: in_force

46-18-903 . Application for review. (1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have been imposed, file with the clerk of the district court in the county in which judgment was rendered an application for review of the sentence by the review division. Upon imposition of the sentence, the clerk shall give written notice to the person sentenced and to the person's counsel of the right to make a request. The notice must include a statement that review of the sentence may result in a decrease or increase of the sentence within limits fixed by law.

(2) The clerk shall transmit the application to the review division and shall notify the judge who imposed the sentence, the county attorney of the county in which the sentence was imposed, and the person's counsel of record. The judge may transmit to the review division a statement of the judge's reasons for imposing the sentence and shall transmit the statement within 7 days if requested to do so by the review division.

(3) The review division may for cause shown consider any late request for review of sentence and may grant or deny the request.

(4) The filing of an application for review may not stay the execution of the sentence.
Mont. Code Ann. § 46-5-403 — MT Code / Title 46 / Chapter 5 / Part 4 / Section 46-5-403
46-5-403 Duration of stop
Status: in_force

46-5-403 . Duration of stop. A stop authorized by 46-5-401 or 46-6-411 may not last longer than is necessary to effectuate the purpose of the stop.
Mont. Code Ann. § 46-15-322 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-322
46-15-322 Disclosure by prosecution
Status: in_force

46-15-322 . Disclosure by prosecution. (1) Upon request, the prosecutor shall make available to the defendant for examination and reproduction the following material and information within the prosecutor's possession or control:

(a) the names, addresses, and statements of all persons whom the prosecutor may call as witnesses in the case in chief;

(b) all written or oral statements of the defendant and of any person who will be tried with the defendant;

(c) all written reports or statements of experts who have personally examined the defendant or any evidence in the particular case, together with the results of physical examinations, scientific tests, experiments, or comparisons;

(d) all papers, documents, photographs, or tangible objects that the prosecutor may use at trial or that were obtained from or purportedly belong to the defendant; and

(e) all material or information that tends to mitigate or negate the defendant's guilt as to the offense charged or that would tend to reduce the defendant's potential sentence.

(2) At the same time, the prosecutor shall inform the defendant of, and make available to the defendant for examination and reproduction, any written or recorded material or information within the prosecutor's control regarding:

(a) whether there has been any electronic surveillance of any conversations to which the defendant was a party;

(b) whether an investigative subpoena has been executed in connection with the case; and

(c) whether the case has involved an informant and, if so, the informant's identity if the defendant is entitled to know either or both of these facts under Rule 502 of the Montana Rules of Evidence and 46-15-324 (3).

(3) The prosecutor may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under subsection (1)(d).

(4) The prosecutor's obligation of disclosure extends to material and information in the possession or control of members of the prosecutor's staff and of any other persons who have participated in the investigation or evaluation of the case.

(5) Upon motion showing that the defendant has substantial need in the preparation of the case for additional material or information not otherwise provided for and that the defendant is unable, without undue hardship, to obtain the substantial equivalent by other means, the court, in its discretion, may order any person to make it available to the defendant. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive. The prosecutor may not be required to prepare or disclose summaries of witnesses' testimony.

(6) The prosecutor shall furnish to the defendant no later than 5 days before trial or at a later time as the court may for good cause permit, together with their statements, a list of the names and addresses of all persons whom the prosecutor intends to call as rebuttal witnesses to evidence of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity or the defense that the defendant did not have a particular state of mind that is an element of the offense charged.
Mont. Code Ann. § 46-17-303 — MT Code / Title 46 / Chapter 17 / Part 3 / Section 46-17-303
46-17-303 Deposit of fines -- collection
Status: in_force

46-17-303 . Deposit of fines -- collection. (1) Except as provided in subsection (2), all fines imposed and collected by the court must be paid to the appropriate treasurer of the county, city, or town within 30 days of receipt. The judge shall file a copy of any receipt given for a collected fine with the appropriate county, city, or town clerk.

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

(b) In the event that a private person or entity is retained to collect a judgment, the 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 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. The fee incurred by the court must be added to the judgment amount.

(3) If the judgment is for a fine alone, execution may issue on the judgment for any unpaid interest accrued on the judgment, costs, and fees in collecting the fine as on a judgment in a civil case.
Mont. Code Ann. § 46-23-1027 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1027
46-23-1027 Parole achievement credit
Status: in_force

46-23-1027 . Parole achievement credit. (1) The department shall acknowledge achievements by a parolee who, by completion of an activity described in subsection (2), has shown a willingness to reenter society as a productive and responsible member.

(2) The department shall acknowledge achievements, such as:

(a) obtaining a high school diploma or a high school equivalency diploma;

(b) obtaining a degree from an accredited postsecondary educational institution;

(c) completion of an approved apprenticeship program;

(d) completion of an accredited vocational certification program;

(e) employment of at least 20 scheduled hours a week, for 6 or more months;

(f) attendance at a faith-based, social service, or rehabilitation activity for 6 or more months; or

(g) any other achievement designated by a department rule.
Mont. Code Ann. § 46-15-328 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-328
46-15-328 Excision and protective orders
Status: in_force

46-15-328 . Excision and protective orders. (1) Upon a motion of any party showing good cause, the court may at any time order that any disclosure be deferred or regulated when it finds:

(a) that the disclosure would result in a risk or harm outweighing any usefulness of the unrestricted disclosure to any party; and

(b) that the risk cannot be eliminated by a less substantial restriction of discovery rights.

(2) Whenever the court finds, on motion of any party, that only a portion of a document or other material is discoverable, it may authorize the party disclosing it to excise that portion of the material that is nondiscoverable and disclose the remainder.

(3) On motion of the party seeking a protective or excision order or in submitting for the court's determination the discoverability of any material or information, the court may permit that party to present the material or information for the inspection of the judge alone. Counsel for all other parties are entitled to be present when the presentation is made.

(4) If the court enters an order that any material or any portion of the material is not discoverable, the entire text of the material must be sealed and preserved in the record in the event of an appeal.
Mont. Code Ann. § 46-4-301 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-301
46-4-301 Issuance of subpoena
Status: in_force

46-4-301 . Issuance of subpoena. (1) Whenever a prosecutor has a duty to investigate alleged unlawful activity, any justice of the supreme court or district court judge of this state may cause subpoenas to be issued commanding the persons to whom they are directed to appear before the prosecutor and give testimony and produce books, records, papers, documents, and other objects as may be necessary and proper to the investigation.

(2) Except as provided in subsection (3), a subpoena may be issued only when it appears upon the affidavit of the prosecutor that the administration of justice requires it to be issued.

(3) In the case of constitutionally protected material, such as but not limited to medical records or information, a subpoena may be issued only when it appears upon the affidavit of the prosecutor that a compelling state interest requires it to be issued. In order to establish a compelling state interest for the issuance of such a subpoena, the prosecutor shall state facts and circumstances sufficient to support probable cause to believe that:

(a) an offense has been committed; and

(b) the information relative to the commission of that offense is in the possession of the person or institution to whom the subpoena is directed.
Mont. Code Ann. § 46-18-402 — MT Code / Title 46 / Chapter 18 / Part 4 / Section 46-18-402
46-18-402 Credit for time served
Status: in_force

46-18-402 . Credit for time served. If a defendant has served any portion of the defendant's sentence under a commitment based upon a judgment that is subsequently declared invalid or that is modified during the term of imprisonment, the time served must be credited against any subsequent sentence received upon a new commitment for the same criminal act or acts.
Mont. Code Ann. § 46-17-401 — MT Code / Title 46 / Chapter 17 / Part 4 / Section 46-17-401
46-17-401 Applicability of district court rules
Status: in_force

46-17-401 . Applicability of district court rules. Except as otherwise provided by Title 3, chapter 6, and this part, the proceedings and practice in municipal court shall be the same as in district court.
Mont. Code Ann. § 46-9-414 — MT Code / Title 46 / Chapter 9 / Part 4 / Section 46-9-414
46-9-414 Certificates accepted in lieu of cash
Status: in_force

46-9-414 . Certificates accepted in lieu of cash. (1) A guaranteed arrest bond certificate must, when posted by the person whose signature appears on the certificate, be accepted in lieu of cash bail in an amount not exceeding $1,000 as a bail bond to guarantee the appearance of the person in any court, including a municipal court, in this state at the time required by the court when the person was arrested for violation of a motor vehicle law of this state or an ordinance of a municipality in this state (except for the offense of driving while intoxicated or for any felony) committed prior to the date of expiration shown on the guaranteed arrest bond certificate.

(2) A guaranteed arrest bond certificate is subject to the same forfeiture and enforcement provisions established by this chapter unless otherwise provided by law.
Mont. Code Ann. § 46-10-204 — MT Code / Title 46 / Chapter 10 / Part 2 / Section 46-10-204
46-10-204 Record of preliminary examination
Status: in_force

46-10-204 . Record of preliminary examination. (1) The testimony of each witness must be taken by a court-appointed stenographer upon demand by the county attorney, the defendant, or the defendant's counsel.

(2) After concluding the proceeding, if the judge holds the defendant to answer a charge, the judge shall transmit immediately to the clerk of the court having jurisdiction of the offense all papers in the proceeding and any bail taken by the judge.
Mont. Code Ann. § 46-16-403 — MT Code / Title 46 / Chapter 16 / Part 4 / Section 46-16-403
46-16-403 Evidence insufficient to go to jury
Status: in_force

46-16-403 . Evidence insufficient to go to jury. When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. However, prior to dismissal, the court may allow the case to be reopened for good cause shown.
Mont. Code Ann. § 46-16-122 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-122
46-16-122 Absence of defendant from trial
Status: in_force

46-16-122 . Absence of defendant from trial. (1) In a misdemeanor case, if the defendant fails to appear in person, either at the time set for the trial or at any time during the course of the trial and if the defendant's counsel is authorized to act on the defendant's behalf, the court shall proceed with the trial unless good cause for continuance exists.

(2) If the defendant's counsel is not authorized to act on the defendant's behalf as provided in subsection (1) or if the defendant is not represented by counsel, the court, in its discretion, may do one or more of the following:

(a) order a continuance;

(b) order bail forfeited;

(c) issue an arrest warrant; or

(d) proceed with the trial after finding that the defendant had knowledge of the trial date and is voluntarily absent.

(3) After the trial of a felony offense has commenced in the defendant's presence, the absence of the defendant during the trial may not prevent the trial from continuing up to and including the return of a verdict if the defendant:

(a) has been removed from the courtroom for disruptive behavior after receiving a warning that removal will result if the defendant persists in conduct that is so disruptive that the trial cannot be carried on with the defendant in the courtroom; or

(b) is voluntarily absent and the offense is not one that is punishable by death.

(4) Nothing in this section limits the right of the court to order the defendant to be personally present at the trial for purposes of identification unless defense counsel stipulates to the issue of identity.
Mont. Code Ann. § 46-30-413 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-413
46-30-413 Penalty for illegal compensation
Status: in_force

46-30-413 . Penalty for illegal compensation. Every person who violates any of the provisions of 46-30-412 is guilty of a misdemeanor.
Mont. Code Ann. § 46-30-304 — MT Code / Title 46 / Chapter 30 / Part 3 / Section 46-30-304
46-30-304 Extension of time of commitment or bail
Status: in_force

46-30-304 . Extension of time of commitment or bail. If the accused is not arrested under the governor's warrant of arrest and rendition by the expiration of the time specified in the warrant, bond, or undertaking issued under 46-30-302 and 46-30-303 , a judge or magistrate may discharge the accused or may recommit the accused for a further period of 60 days or a supreme court justice or judge of a court of record may again take bail for the accused's appearance and surrender, as provided in 46-30-303 , for a period not to exceed 60 days after the date of the new bond or undertaking.
Mont. Code Ann. § 46-18-256 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-256
46-18-256 Sexually transmitted disease testing -- test procedure
Status: in_force

46-18-256 . Sexually transmitted disease testing -- test procedure. (1) Following entry of judgment, a person convicted of a sexual offense, as defined in 46-23-502 , except an offense under 45-5-301 through 45-5-303 , must, at the request of the victim of the sexual offense or the parent or guardian of the victim, if the victim is a minor, be administered standard testing according to currently accepted protocol, using guidelines established by the centers for disease control and prevention, U.S. department of health and human services, to detect in the person the presence of antibodies indicative of the presence of human immunodeficiency virus (HIV) or other sexually transmitted diseases, as defined in 50-18-101 .

(2) Arrangements for the test required by subsection (1) must be made by the county attorney of the county in which the person was convicted. The test must be conducted by a health care provider, as defined in 50-16-504 .

(3) The county attorney of the county in which the person was convicted shall release the information concerning the test results to:

(a) the convicted person; and

(b) the victim of the offense committed by the convicted person or to the parent or guardian of the victim if the victim is a minor.

(4) At the request of the victim of a sexual offense or the parent or guardian of the victim if the victim is a minor, the victim must be provided counseling regarding HIV disease, HIV testing (in accordance with applicable law), and referral for appropriate health care and support services.

(5) For purposes of this section, "convicted" includes an adjudication, under the provisions of 41-5-1502 , finding a youth to be a delinquent youth or a youth in need of intervention.

(6) The provisions of the AIDS Prevention Act, Title 50, chapter 16, part 10, do not apply to this section.
Mont. Code Ann. § 46-4-408 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-408
46-4-408 Recordings required
Status: in_force

46-4-408 . Recordings required. Except as provided in 46-4-409 , all custodial interrogations must be electronically recorded. The recording must contain a peace officer advising the person being interviewed of the person's Miranda rights, a recording of the interview, and a conclusion of the interview.
Mont. Code Ann. § 46-1-503 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-503
46-1-503 Factors to use in determining appropriateness of mediation
Status: in_force

46-1-503 . Factors to use in determining appropriateness of mediation. In deciding whether mediation is appropriate, the court may consider:

(1) the nature of the offense;

(2) any special circumstances or characteristics of the defendant or any victim;

(3) whether the defendant previously participated in mediation in the current or a prior proceeding;

(4) whether it is probable that the defendant will cooperate with the mediator;

(5) the recommendation of any victim or victims;

(6) the recommendation of any involved law enforcement agency;

(7) whether a qualified mediator is available;

(8) the type of sentence, including any treatment, that the defendant would most likely be amenable to, whether the best interests of the defendant and the security of the public may require that the defendant be placed in secure detention or under supervision, and whether there are facilities available for treatment and rehabilitation of the defendant;

(9) whether there is evidence that the charged offense included violence or was otherwise committed in an aggressive and premeditated manner;

(10) the motivation for the commission of the charged offense;

(11) the age of the defendant and of any codefendant or victim;

(12) the previous history of the defendant, including any criminal history and any other prior antisocial behavior or pattern of physical violence;

(13) the sophistication and maturity of the defendant as determined by factors such as home, employment, school activities, emotional attitude, and pattern of living;

(14) whether any victim wishes to address the parties and mediator during mediation; and

(15) other matters that the court believes are relevant.
Mont. Code Ann. § 46-18-905 — MT Code / Title 46 / Chapter 18 / Part 9 / Section 46-18-905
46-18-905 Decision -- finality, report of
Status: in_force

46-18-905 . Decision -- finality, report of. (1) The decision of the review division in each case is final, and the reasons for the decision must be stated in the decision. The original of each decision must be sent to the clerk of the court for the county in which the judgment was rendered, and a copy must be sent to the judge who imposed the sentence reviewed, the person sentenced, the defense counsel, the county attorney, and the principal officer of the institution in which the person is confined.

(2) The decision must be reported in the Montana Reports.
Mont. Code Ann. § 46-20-604 — MT Code / Title 46 / Chapter 20 / Part 6 / Section 46-20-604
46-20-604 Superseded
Status: in_force

46-20-604 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-18-236 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-236
46-18-236 Imposition of charge upon conviction or forfeiture -- administration
Status: in_force

46-18-236 . (Temporary) Imposition of charge upon conviction or forfeiture -- administration. (1) Except as provided in subsection (2), there must be imposed by all courts of original jurisdiction on a person upon conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail a charge that is in addition to other taxable court costs, fees, or fines, as follows:

(a) $15 for each misdemeanor charge;

(b) the greater of $20 or 10% of the fine levied for each felony charge; and

(c) an additional $50 for each misdemeanor and felony charge under Title 45 or 61-8-1002 .

(2) If a convicting court determines under 46-18-231 and 46-18-232 that the person is not able to pay the fine and costs or that the person is unable to pay within a reasonable time, the court shall waive payment of the charge imposed by this section.

(3) The charges imposed by this section are not fines and must be imposed in addition to any fine and may not be used in determining the jurisdiction of any court.

(4) When the payment of a fine is to be made in installments over a period of time, the charges imposed by this section must be collected from the first payment made and each subsequent payment as necessary if the first payment is not sufficient to cover the charges.

(5) The charges collected under subsection (1), except those collected under subsections (1)(a) and (1)(b) by a justice's court, must be deposited with the appropriate local government finance officer or treasurer. If a city municipal court or city or town court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited with the city or town finance officer or treasurer. If a district court or justice's court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited with the county finance officer or treasurer. If the court of original jurisdiction is a court within a consolidated city-county government within the meaning of Title 7, chapter 3, the charges collected under subsection (1) must be deposited with the finance officer or treasurer of the consolidated government.

(6) (a) A city or town finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by a city municipal court or a city or town court and may use that money for the payment of salaries of the city or town attorney and deputies.

(b) Each county finance officer or treasurer may retain the charges collected under subsections (1)(a) and (1)(b) by district courts for crimes committed or alleged to have been committed within that county. The county finance officer or treasurer shall use the money for the payment of salaries of its deputy county attorneys and for the payment of other salaries in the office of the county attorney, and any funds not needed for those salaries may be used for the payment of any other county salaries.

(7) (a) Except as provided in subsection (7)(b), each county, city, or town finance officer or treasurer may retain the charges collected under subsection (1)(c) for payment of the expenses of a victim and witness advocate program, including a program operated by a private, nonprofit organization, that provides the services specified in Title 40, chapter 15, and Title 46, chapter 24, and that is operated or used by the county, city, or town.

(b) The appropriate county, city, or town finance officer or treasurer shall deposit $1 of each charge collected under subsection (1)(c) in the collecting court's fund for mitigation of administrative costs incurred by the court in the collection of the charge. The funds deposited under this subsection (7)(b) are not subject to allocation under 46-18-251 .

(c) Except as provided in subsection (7)(b), if the county, city, or town does not operate or use a victim and witness advocate program, all charges collected under subsection (1)(c) must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 . (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 46-30-204 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-204
46-30-204 Extradition of persons not present in requisitioning state when crime committed
Status: in_force

46-30-204 . Extradition of persons not present in requisitioning state when crime committed. The governor of this state may also surrender, on requisition of the executive authority of any other state, any person in this state charged in such other state in the manner provided in 46-30-211 with committing an act in this state or in a third state intentionally resulting in a crime in the state whose executive authority is making the requisition. The provisions of this chapter not otherwise inconsistent must apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
Mont. Code Ann. § 46-18-801 — MT Code / Title 46 / Chapter 18 / Part 8 / Section 46-18-801
46-18-801 Effect of conviction -- civil disabilities
Status: in_force

46-18-801 . Effect of conviction -- civil disabilities. (1) Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. If the sentencing judge incorporates by reference in the sentencing order rules of the department of corrections or the board of pardons and parole setting conditions of probation, parole, or supervised release with which the offender is required to comply, the incorporation by reference constitutes a specific enumeration of the conditions for purposes of this section.

(2) Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person's sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred.
Mont. Code Ann. § 46-20-303 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-303
46-20-303 Superseded
Status: in_force

46-20-303 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-103 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-103
46-23-103 Definitions
Status: in_force

46-23-103 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

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

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

(3) "Executive clemency" refers to the powers of the governor as provided by section 12 of Article VI of the constitution of Montana.

(4) "Hearing panel" means a panel appointed by the presiding officer of the board and made up of at least three board members to conduct parole hearings, revocation hearings, rescission hearings, and administrative parole reviews and to make recommendations in matters of executive clemency.

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

(6) "Victim" means a victim as defined in 46-18-243 .
Mont. Code Ann. § 46-18-225 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-225
46-18-225 Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment
Status: in_force

46-18-225 . Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment. (1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203 . In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).

(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:

(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;

(b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;

(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;

(d) the offender acted under strong provocation;

(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;

(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;

(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;

(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;

(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and

(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.

(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).
Mont. Code Ann. § 46-15-112 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-112
46-15-112 Subpoena of witness in this state to testify in another state
Status: in_force

46-15-112 . Subpoena of witness in this state to testify in another state. (1) If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court or that a grand jury investigation is commenced or is about to commence, that a person being within this state is a material witness in the prosecution or a grand jury investigation, and that the person's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is located, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.

(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or a grand jury investigation is commenced or is about to commence will give the witness protection from arrest and the service of civil and criminal process, the judge shall issue a subpoena with a copy of the certificate attached directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation is commenced or is about to commence at a time and place specified in the subpoena. In the hearing, the certificate is prima facie evidence of all the facts stated in the certificate.

(3) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be brought before the judge for the hearing. At the hearing, the judge may, in lieu of issuing a subpoena, order that the witness be taken into custody and delivered to an officer of the requesting state.
Mont. Code Ann. § 46-24-203 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-203
46-24-203 Prompt notification to victims and witnesses of certain offenses
Status: in_force

46-24-203 . Prompt notification to victims and witnesses of certain offenses. (1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person's case, including:

(a) the arrest of an accused;

(b) the release of the accused pending judicial proceedings;

(c) the crime with which the accused has been charged, including an explanation of the elements of the offense when necessary to an understanding of the nature of the crime;

(d) proceedings in the prosecution of the accused, including entry of a plea of guilty or nolo contendere and the setting of a trial date;

(e) if the accused is convicted or pleads guilty or nolo contendere:

(i) the function of a presentence report;

(ii) the name, office address, and telephone number of the person preparing the report; and

(iii) the convicted person's right of access to the report, as well as the victim's right under 46-18-115 to present a statement in writing or orally at the sentencing proceeding and the convicted person's right to be present at the sentencing proceeding and to have access to the victim's statement;

(f) the date, time, and place of any sentencing hearing, the sentence imposed, and the term of imprisonment, if imposed;

(g) the right under 46-24-212 of a victim of a felony offense to receive information from the department of corrections concerning the convicted person's incarceration; and

(h) the right under 46-23-215 , 46-23-509 , or 46-23-1011 of a victim of a sexual offense, as defined in 46-23-502 , to request a sentencing order, condition of parole, or condition of probation to require the convicted person to refrain from direct or indirect contact with the victim.

(2) A person entitled to notification under subsection (1) must be a victim or witness of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim, a relative of a victim or witness who is a minor, or a relative of a homicide victim.
Mont. Code Ann. § 46-18-901 — MT Code / Title 46 / Chapter 18 / Part 9 / Section 46-18-901
46-18-901 Review division of supreme court -- review of sentences
Status: in_force

46-18-901 . Review division of supreme court -- review of sentences. (1) The chief justice of the supreme court of Montana shall appoint three district court judges to act as a review division of the supreme court and shall designate one of the judges to act as presiding officer of the review division. The clerk of the Montana supreme court shall record the appointment and shall give notice of the appointment to the clerk of every district court.

(2) The review division shall meet at least four times a year as its business requires, as determined by the presiding officer. The review division shall hold its meetings at locations as determined by the review division.

(3) The decision of two of the judges is sufficient to determine any matter before the review division.

(4) The review division may adopt any rules that will expedite its review of sentences. The division is also authorized to appoint a secretary.
Mont. Code Ann. § 46-5-502 — MT Code / Title 46 / Chapter 5 / Part 5 / Section 46-5-502
46-5-502 Authority to establish temporary roadblocks
Status: in_force

46-5-502 . Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:

(a) apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;

(b) except as provided in 7-33-2212 , respond to an active emergency; or

(c) respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.

(2) During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.

(3) In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.

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

(a) "Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action.

(b) "Secondary offense" means a violation of an offense, including a violation of 61-13-103 , for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense.
Mont. Code Ann. § 46-6-506 — MT Code / Title 46 / Chapter 6 / Part 5 / Section 46-6-506
46-6-506 Temporary detention by merchant -- liability
Status: in_force

46-6-506 . Temporary detention by merchant -- liability. (1) A merchant, as defined in 30-11-301 , who has reason to believe that a person has committed or is in the process of committing the offense of theft may stop and temporarily detain that person. The merchant:

(a) shall promptly inform the person that the stop is for investigation of shoplifting and that upon completion of the investigation, the person will be released or turned over to the custody of a peace officer;

(b) may demand the person's name and present or last address and question the person in a reasonable manner for the purpose of ascertaining whether or not the person is guilty of shoplifting;

(c) may take into possession any merchandise for which the purchase price has not been paid and that is in the possession of the person or has been concealed from full view; and

(d) may detain the person or request the person to remain on the premises until a peace officer arrives.

(2) A stop, detention, questioning, or recovery of merchandise under this section must be done in a reasonable manner and time. Unless evidence of concealment is obvious and apparent to the merchant, this section does not authorize a search of the detained person other than a search of the person's coat or other outer garments and any package, bag, or other container. After the purpose of a stop has been accomplished or 30 minutes have elapsed, whichever occurs first, the merchant shall allow the person to go unless the person is arrested and turned over to the custody of a peace officer.

(3) A merchant stopping, detaining, or arresting a person on the belief that the person is shoplifting is not liable for damages to the person unless the merchant acts in a manner contrary to this section.

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

(a) "Concealment" means any act or deception done purposely or knowingly upon or outside the premises of a wholesale or retail store or other mercantile establishment, with the intent to deprive the merchant of all or part of the value of the merchandise. The following acts or deceptive conduct is prima facie evidence of concealment:

(i) concealing merchandise upon the person or in a container or otherwise removing merchandise from full view while upon the premises;

(ii) removing, changing, or altering a price tag;

(iii) transferring or moving any merchandise upon the premises to obtain a lower price than the merchandise was offered for sale for by the merchant; or

(iv) abandoning or disposing of any merchandise in such a manner that the merchant will be deprived of all or part of the value of the merchandise.

(b) "Shoplifting" means the theft of any goods offered for sale by a wholesale or retail store or other mercantile establishment.
Mont. Code Ann. § 46-30-227 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-227
46-30-227 Arrest of accused before making of requisition
Status: in_force

46-30-227 . Arrest of accused before making of requisition. (1) A judge or magistrate of this state shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named in the warrant wherever the person may be found in this state and to bring the person before the issuer or any other judge, magistrate, or court that may be available in or convenient of access to the place where the arrest is made to answer the charge or complaint and affidavit whenever:

(a) a person within this state is charged on the oath of a credible person before the judge or magistrate with the commission of a crime in another state and, except in cases arising under 46-30-204 , with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of the person's bail, probation, or parole; or

(b) a complaint is made before the judge or magistrate setting forth on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused is believed to be in this state and has been charged in the other state with:

(i) the commission of the crime and, except in cases arising under 46-30-204 , having fled from justice; or

(ii) having been convicted of a crime in that state and having escaped from bail, probation, or parole.

(2) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued must be attached to the warrant.
Mont. Code Ann. § 46-30-102 — MT Code / Title 46 / Chapter 30 / Part 1 / Section 46-30-102
46-30-102 Nonwaiver by this state
Status: in_force

46-30-102 . Nonwaiver by this state. Nothing contained in this chapter may be considered a waiver by this state of its right, power, or privilege to try the requisitioned person for a crime committed within this state or of its right, power, or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for a crime committed within this state; nor may any proceedings had under this chapter which result in or fail to result in extradition be considered in any way a waiver by this state of any of its rights, privileges, or jurisdiction.
Mont. Code Ann. § 46-16-212 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-212
46-16-212 Competency of spouses
Status: in_force

46-16-212 . Competency of spouses. (1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless:

(a) consent of the defendant-spouse is obtained;

(b) the defendant-spouse has been charged with an act of criminal violence against the other; or

(c) the defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children.

(2) Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.
Mont. Code Ann. § 46-6-105 — MT Code / Title 46 / Chapter 6 / Part 1 / Section 46-6-105
46-6-105 Time of making arrest
Status: in_force

46-6-105 . Time of making arrest. An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.
Mont. Code Ann. § 46-18-232 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-232
46-18-232 Payment of costs by defendant
Status: in_force

46-18-232 . Payment of costs by defendant. (1) A court may require a convicted defendant in a felony or misdemeanor case to pay costs, as defined in 25-10-201 , plus costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision as a part of the defendant's sentence. The costs, in addition to those allowable under 25-10-201 , must be limited to expenses specifically incurred by the prosecution or other agency in connection with the proceedings against the defendant or $100 per felony case or $50 per misdemeanor case, whichever is greater.

(2) The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose.

(3) A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.
Mont. Code Ann. § 46-4-501 — MT Code / Title 46 / Chapter 4 / Part 5 / Section 46-4-501
46-4-501 Definitions
Status: in_force

46-4-501 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Eyewitness" means a person whose identification by sight of another person may be relevant in a criminal proceeding.

(2) "Live lineup" means a group of people displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.

(3) "Photographic lineup" means an array of photographs displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.
Mont. Code Ann. § 46-13-402 — MT Code / Title 46 / Chapter 13 / Part 4 / Section 46-13-402
46-13-402 Effect of order to dismiss
Status: in_force

46-13-402 . Effect of order to dismiss. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged and, if admitted to bail, have bail exonerated or money deposited instead of bail refunded to the defendant.
Mont. Code Ann. § 46-24-101 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-101
46-24-101 Purpose
Status: in_force

46-24-101 . Purpose. The legislature declares that the purposes of this chapter are to:

(1) protect the role of crime victims and witnesses in the criminal justice process;

(2) assure that victims and witnesses of crime receive fair and proper treatment from law enforcement agencies and prosecutors; and

(3) provide a standard of conduct governing the treatment of victims and witnesses in criminal cases.
Mont. Code Ann. § 46-12-210 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-210
46-12-210 Advice to defendant
Status: in_force

46-12-210 . Advice to defendant. (1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following:

(a) (i) the nature of the charge for which the plea is offered;

(ii) the mandatory minimum penalty provided by law, if any;

(iii) the maximum penalty provided by law, including the effect of any penalty enhancement provision or special parole restriction; and

(iv) when applicable, the requirement that the court may also order the defendant to make restitution of the costs and assessments provided by law;

(b) if the defendant is not represented by an attorney, the fact that the defendant has the right to be represented by an attorney at every stage of the proceeding and that, if necessary, an attorney will be assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the defendant;

(c) that the defendant has the right:

(i) to plead not guilty or to persist in that plea if it has already been made;

(ii) to be tried by a jury and at the trial has the right to the assistance of counsel;

(iii) to confront and cross-examine witnesses against the defendant; and

(iv) not to be compelled to reveal personally incriminating information;

(d) that if the defendant pleads guilty or nolo contendere in fulfillment of a plea agreement, the court is not required to accept the terms of the agreement and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted pursuant to 46-12-211 ;

(e) that if the defendant's plea of guilty or nolo contendere is accepted by the courts, there will not be a further trial of any kind, so that by pleading guilty or nolo contendere the defendant waives the right to a trial; and

(f) that if the defendant is not a United States citizen, a guilty or nolo contendere plea might result in deportation from or exclusion from admission to the United States or denial of naturalization under federal law.

(2) The requirements of subsection (1) may be accomplished by the defendant filing a written acknowledgment of the information contained in subsection (1).
Mont. Code Ann. § 46-23-1024 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1024
46-23-1024 Initial hearing after arrest
Status: in_force

46-23-1024 . Initial hearing after arrest. (1) After the arrest of the parolee, an initial hearing must be held unless:

(a) the hearing is waived by the parolee;

(b) the parolee has been charged in any court with a violation of the law; or

(c) the probation and parole officer authorizes release or initiates an intervention hearing under subsection (4).

(2) The initial hearing is an onsite hearing but may be conducted via interactive videoconference and must be held to determine whether there is probable cause or reasonable grounds to believe that the arrested parolee has committed acts that would constitute a violation of parole conditions. An independent officer, who need not be a judicial officer, shall preside over the hearing. The hearing must be conducted at or reasonably near the place of the alleged parole violation or arrest and within 5 days after arrest. The parolee must be given notice of the hearing and must be allowed to appear and speak in the parolee's own behalf and introduce relevant information to the hearings officer.

(3) The hearings officer shall make a summary of what transpires at the hearing in terms of the responses and position of the parolee and the substance of the documents or evidence given in support of parole revocation. Based on the information given to the hearings officer, the hearings officer shall determine whether there is probable cause and then determine whether to initiate an informal violation intervention hearing or to hold the parolee for the final decision of the board of pardons and parole as provided in 46-23-1025 .

(4) (a) In lieu of an initial hearing, a probation and parole officer who reasonably believes that a parolee has violated a condition of parole:

(i) shall consult the department's incentives and interventions grid to determine an appropriate response; and

(ii) may initiate an informal violation intervention hearing to gain the parolee's compliance with the conditions of parole without a formal revocation hearing.

(b) A hearings officer designated by the department in conjunction with the board shall conduct the intervention hearing. The hearing may be conducted by interactive videoconference.

(c) If the hearings officer determines by a preponderance of the evidence that a parolee has violated a condition of parole, the hearings officer shall consult the department's incentives and interventions grid and determine an appropriate response, including whether to:

(i) order the parolee to serve or receive credit for serving up to 30 days of detention;

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

(iii) recommend placement in a community corrections facility or program for up to a 90-day period, including but not limited to placement in a prerelease center, sanction or hold bed, transitional living program, enhanced supervision program, relapse intervention bed, chemical dependency treatment, or 24/7 sobriety program; or

(iv) direct the probation and parole officer to initiate a petition for revocation under 46-23-1025 if the violation is not a compliance violation or if it is a compliance violation and the appropriate responses under the department's incentives and interventions grid have been exhausted.

(5) If the hearings officer recommends a response under subsection (4)(c)(ii), the officer shall notify the parolee of the recommendation and of the parolee's right to instead have the matter referred for a revocation hearing under 46-23-1025 .

(6) The provisions of Title 46, chapter 9, regarding release on bail of a person charged with a crime are not applicable to a parolee ordered to be held in a county detention center or other facility under this section.

(7) All sanction and placement decisions must be documented in the offender's file.
Mont. Code Ann. § 46-1-1115 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1115
46-1-1115 Treatment court support account -- distribution of funds -- report
Status: in_force

46-1-1115 . Treatment court support account -- distribution of funds -- report. (1) There is a treatment court support account in the state special revenue fund for purposes provided in subsection (3).

(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The court administrator shall give priority to funding programs or services in rural or underserved areas of the state or that address opioid abuse.

(3) Money in the treatment court support account must be used to expand the capacity and quality of existing treatment courts and extend treatment courts to areas of the state that are unserved by a treatment court. District, local, and tribal treatment courts are eligible to receive treatment court support account funds. Funding from the account may be used solely to fund services required for participants, drug and alcohol testing, case management services, treatment court staff, technology, program evaluation, or other needs identified by the supreme court administrator related to efficient and effective operation of treatment courts. The court administrator may use account funds to hire a grant writer or contract for grant writing services.
Mont. Code Ann. § 46-15-331 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-331
46-15-331 Compelling testimony or production of evidence -- immunity
Status: in_force

46-15-331 . Compelling testimony or production of evidence -- immunity. (1) Before or during trial in any judicial proceeding, a judge of the district or municipal court, upon request by the prosecutor or defense counsel, may require a person to answer any question or produce any evidence, even though personally incriminating, following a grant of immunity.

(2) If a person is required to give testimony or produce evidence in accordance with this section in any investigation or proceeding, compelled testimony or evidence and any information directly or indirectly derived from such testimony or evidence may not be used against the witness in any criminal prosecution.

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

(4) Immunity may not extend to prosecution or punishment for false statements given in any testimony required under this section.
Mont. Code Ann. § 46-4-411 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-411
46-4-411 Handling and preservation of electronic recordings
Status: in_force

46-4-411 . Handling and preservation of electronic recordings. (1) An electronic recording of a custodial interrogation must be clearly identified and catalogued by law enforcement personnel.

(2) If a criminal or youth court proceeding is brought against a person who was the subject of an electronically recorded custodial interrogation, the electronic recording must be preserved by law enforcement personnel until all appeals and all postconviction and habeas corpus proceedings are final and concluded or until the time within which the proceedings must be brought has expired.

(3) Upon motion by the defendant, the court may order that a copy of the electronic recording be preserved for any period beyond the expiration of all appeals.

(4) If a criminal or youth court proceeding is not brought against a person who has been the subject of an electronically recorded custodial interrogation, the related electronic recording must be preserved by law enforcement personnel until all applicable state and federal statutes of limitations bar prosecution of the person.
Mont. Code Ann. § 46-23-303 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-303
46-23-303 Publication of order
Status: in_force

46-23-303 . Publication of order. The board must cause a copy of such order to be published in the newspaper therein designated at least once a week for 2 weeks prior to the hearing and, at the same time, cause to be deposited in the post office at the seat of government, postpaid, a copy of said order and notice addressed to the district judge, county attorney, and sheriff, respectively, of the county where the crime was committed and in like manner mail a copy of the order to the applicant.
Mont. Code Ann. § 46-5-224 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-224
46-5-224 What may be seized with search warrant
Status: in_force

46-5-224 . What may be seized with search warrant. A warrant may be issued under this section to search for and seize any:

(1) evidence, including blood samples that may yield evidence of any measured amount or detected presence of alcohol or drugs in a person's body when subjected to testing;

(2) contraband; or

(3) person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained.
Mont. Code Ann. § 46-11-318 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-318
46-11-318 Discharge of grand jury
Status: in_force

46-11-318 . Discharge of grand jury. When the grand jury certifies the completion of business before it and the district court concurs, the grand jury must be discharged by the district court.
Mont. Code Ann. § 46-7-102 — MT Code / Title 46 / Chapter 7 / Part 1 / Section 46-7-102
46-7-102 Duty of court
Status: in_force

46-7-102 . Duty of court. (1) The judge shall inform the defendant:

(a) of the charge or charges against the defendant;

(b) of the defendant's right to counsel;

(c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101 ;

(d) of the general circumstances under which the defendant may obtain pretrial release;

(e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;

(f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and

(g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.

(2) The judge shall admit the defendant to bail as provided by law.
Mont. Code Ann. § 46-20-602 — MT Code / Title 46 / Chapter 20 / Part 6 / Section 46-20-602
46-20-602 Superseded
Status: in_force

46-20-602 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-9-110 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-110
46-9-110 Release order
Status: in_force

46-9-110 . Release order. A release order issued by the court must include a written statement setting forth any restrictions or conditions upon the defendant's release.
Mont. Code Ann. § 46-18-247 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-247
46-18-247 Default
Status: in_force

46-18-247 . Default. (1) If an offender sentenced to make restitution is in default, the sentencing court, upon the motion of the prosecuting attorney or upon its own motion, may issue an order under 46-18-203 requiring the offender to show cause why the offender should not be confined for failure to obey the sentence of the court. The court may order the offender to appear at a time, date, and place for a hearing or, if the offender fails to appear as ordered, issue a warrant for the offender's arrest. The order or warrant must be accompanied by written notice of the offender's right to a hearing as provided in 46-18-203 .

(2) If the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for in 46-18-203 .

(3) An order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment of restitution, the sentencing court may order the restitution to be collected by any method authorized for the enforcement of other judgments.
Mont. Code Ann. § 46-6-104 — MT Code / Title 46 / Chapter 6 / Part 1 / Section 46-6-104
46-6-104 Method of arrest
Status: in_force

46-6-104 . Method of arrest. (1) An arrest is made by an actual restraint of the person to be arrested or by the person's submission to the custody of the person making the arrest.

(2) All necessary and reasonable force may be used in making an arrest, but the person arrested may not be subject to any greater restraint than is necessary to hold or detain that person.

(3) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest.
Mont. Code Ann. § 46-6-505 — MT Code / Title 46 / Chapter 6 / Part 5 / Section 46-6-505
46-6-505 Custody by peace officer
Status: in_force

46-6-505 . Custody by peace officer. A peace officer who, pursuant to law, takes custody of a person arrested by a private citizen shall proceed in accordance with 46-6-104 and 46-6-312 and as otherwise provided by law.
Mont. Code Ann. § 46-22-201 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-201
46-22-201 Application for writ of habeas corpus
Status: in_force

46-22-201 . Application for writ of habeas corpus. (1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify:

(a) that the petitioner is unlawfully imprisoned or restrained of liberty;

(b) why the imprisonment or restraint is unlawful; and

(c) where and by whom the petitioner is confined or restrained.

(2) All parties must be named if they are known or otherwise described so that they may be identified.

(3) The petition must be verified by the oath or affirmation of the party making the application.
Mont. Code Ann. § 46-11-505 — MT Code / Title 46 / Chapter 11 / Part 5 / Section 46-11-505
46-11-505 Former prosecution not a bar
Status: in_force

46-11-505 . Former prosecution not a bar. A prosecution is not a bar if:

(1) the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or

(2) the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.
Mont. Code Ann. § 46-5-109 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-109
46-5-109 Limitations on unmanned aerial vehicles
Status: in_force

46-5-109 . Limitations on unmanned aerial vehicles. (1) In any prosecution or proceeding within the state of Montana, information from an unmanned aerial vehicle is not admissible as evidence unless the information was obtained:

(a) pursuant to the authority of a search warrant;

(b) in accordance with judicially recognized exceptions to the warrant requirement; or

(c) during the investigation of a motor vehicle crash scene that occurs on or involves a public roadway.

(2) Information obtained from the operation of an unmanned aerial vehicle may not be used in an affidavit of probable cause in an effort to obtain a search warrant unless the information was obtained under the circumstances described in subsection (1)(a), (1)(b), or (1)(c).

(3) For the purposes of this section, "unmanned aerial vehicle" means an aircraft that is operated without direct human intervention from on or within the aircraft. The term does not include satellites.
Mont. Code Ann. § 46-30-229 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-229
46-30-229 Prior waiver of extradition
Status: in_force

46-30-229 . Prior waiver of extradition. (1) When a court is presented with a prior waiver of extradition executed in another state for a person who is alleged to have violated the terms of the person's bail, probation, parole, or any other conditional release from another state and who is held in this state, the person must be released to the duly authorized agent of that other state without the governor's warrant of arrest and rendition provided for in 46-30-213 or without a waiver of extradition subscribed to in this state under 46-30-228 after satisfying the following:

(a) a court of record in this state has held a hearing at which the state has presented:

(i) a certified copy of a waiver of extradition agreement, signed by the person or an order from the other state releasing the person on the condition that the person execute a waiver of extradition;

(ii) a certified copy of the warrant or order from the other state directing the return of the person for violating the terms of the person's release; and

(iii) evidence that the person is the same person named in the warrant or order from the other state; and

(b) the court of record has found that there is probable cause to believe that the person is the same person charged in the warrant or order from the other state. Whenever a court of record makes this finding, it shall, except as provided in subsection (2), order that the person be remanded to custody without bail and delivered to agents of the other state without delay, unless a hold exists under 46-30-202 . The court shall also advise the person of the right to contest its order by filing a writ of habeas corpus.

(2) If the person wishes to test the validity of the order issued pursuant to subsection (1)(b), the court shall fix a reasonable time for the person to apply for a writ of habeas corpus before the person may be released to agents from the other state. When the writ is applied for, notice of the writ and of the time and place of hearing on the writ must be given to the prosecuting officer of the county in which the arrest was made and in which the accused is in custody and to the agent of the requisitioning state.
Mont. Code Ann. § 46-24-205 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-205
46-24-205 Notification to employer or creditor -- limitations on employer
Status: in_force

46-24-205 . Notification to employer or creditor -- limitations on employer. (1) The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from the place of employment.

(2) A law enforcement agency or prosecuting attorney shall assist a victim or witness who, as a direct result of a crime or because of cooperation with the law enforcement agency or prosecuting attorney, is subjected to serious financial strain. The agency or prosecuting attorney shall assist the victim or witness by explaining to creditors the reason for the serious financial strain.

(3) An employer may not discharge or discipline a victim or a member of the victim's family for participation at the prosecuting attorney's request in preparation for or attendance at a criminal justice proceeding.

(4) As used in this section, "member of the victim's family" means the victim's spouse, child by birth or adoption, stepchild, parent, stepparent, or sibling, but does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.
Mont. Code Ann. § 46-15-202 — MT Code / Title 46 / Chapter 15 / Part 2 / Section 46-15-202
46-15-202 Procedure for taking depositions
Status: reserved

46-15-202 . Procedure for taking depositions. (1) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice must state the name and address of each person to be examined. On motion of the party upon whom the notice is served, the municipal or district court for cause shown may extend or shorten the time or change the place for taking the deposition.

(2) A deposition must be taken in the manner provided in civil actions. The court, upon request, may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. However, a deposition may not be taken of a party defendant without the defendant's consent, and the scope and manner of examination and cross-examination must be restricted as would be allowed in the trial itself.

(3) The deposition must be filed with the court making the order and held until the trial. Either party shall make available to the other party or the other party's counsel for examination and use at the taking of the deposition any relevant, nonprivileged statement of the witness being deposed that is in the possession of either party.

(4) Objections to deposition testimony or evidence or parts of the testimony or evidence may be reserved for subsequent determination by the court.

(5) Unless a defendant in custody has waived, in writing, the right to be present at the taking of a deposition, the officer having custody of the defendant must be notified of the time and place set for the deposition. The officer having custody shall produce the defendant and keep the defendant in the presence of a witness during the deposition.

(6) A defendant not in custody who fails to appear, without good cause, at the taking of a deposition after being notified of the time and place set for the deposition will be considered to have waived the right to be present as provided in 46-16-122 . The waiver includes a waiver of any objection to the taking and use of the deposition based upon that right.

(7) Whenever a deposition is taken at the instance of the prosecution or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of taking a deposition, the court shall direct that the expense of travel and subsistence of the defendant and the defendant's counsel for attendance at the examination and the cost of the transcript of the deposition be paid by the city for a municipal court proceeding or by the state for a district court proceeding.
Mont. Code Ann. § 46-23-218 — MT Code / Title 46 / Chapter 23 / Part 2 / Section 46-23-218
46-23-218 Authority of board to adopt rules -- purpose for training -- data collection
Status: in_force

46-23-218 . Authority of board to adopt rules -- purpose for training -- data collection. (1) The board may adopt any rules that it considers proper or necessary with respect to the eligibility of prisoners for parole, the conduct of parole and parole revocation hearings, videoconference hearings, telephone conference administrative reviews, progress reviews, clemency proceedings, the conditions to be imposed upon parolees, the training of board members regarding American Indian culture and problems, and other matters pertinent to service on the board.

(2) The legislature finds that American Indians incarcerated in state prisons constitute a disproportionate percentage of the total inmate population when compared to the American Indian population percentage of the total state population. The training of board members regarding American Indian culture and problems is necessary in order for the board to deal appropriately with American Indian inmates appearing before the board.

(3) In consultation with the department, the board shall adopt rules to establish:

(a) parole guidelines to structure and guide parole release decisions and the imposition of release conditions. The guidelines must include, in decreasing order of importance, the prisoner's:

(i) risk and needs levels, as determined by a validated risk and needs assessment;

(ii) participation in risk-reducing programs and treatment;

(iii) institutional behavior as reflected by disciplinary records; and

(iv) offense severity.

(b) a process by which a prisoner who has been denied parole and has more than 1 year before a scheduled hearing or review may request an earlier hearing or review; and

(c) criteria for consideration of conditional discharges, which must include supervision compliance, residential stability, employment stability, engagement in treatment, and other factors indicative of adequate reentry stability.

(4) The board and the department shall compile data to validate the parole guidelines after gathering recidivism results for the last 3 years and every 5 years thereafter. The board may adopt rules to govern the transition to use of parole guidelines. The data collection must start by April 2018.

(5) The board shall annually assess and prioritize inservice training needs and arrange for training to strengthen knowledge and skills needed for case assessment, interviewing, and parole decisionmaking. Board members, parole analysts, and the hearings officers shall attend the training, as well as other board and department staff as needed.
Mont. Code Ann. § 46-30-228 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-228
46-30-228 Written waiver of extradition proceedings
Status: in_force

46-30-228 . Written waiver of extradition proceedings. (1) Any person of this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of the person's bail, probation, or parole in another state may waive the issuance and service of the warrant provided for in 46-30-213 and 46-30-215 and all other procedures incidental to extradition proceedings, including provisions related to bail, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to be returned to another state. Before a waiver of extradition is executed or subscribed by the person, it is the duty of the judge to inform the person of the person's rights to provisions relating to bail and to the issuance and service of a governor's warrant of arrest and rendition and to obtain a writ of habeas corpus as provided for in 46-30-217 .

(2) If and when a waiver of extradition has been duly executed, the clerk of court must, without delay, forward it to the office of the governor of this state to be filed in the governor's office. The judge shall remand the person to custody without bail and, unless a hold exists under 46-30-202 , direct the officer having the person in custody to deliver the person, without delay, to the duly accredited agent or agents of the other state and shall deliver or cause to be delivered to the agent or agents a copy of the waiver. A waiver of extradition lawfully executed in this state may not be revoked after notice of the waiver to the other state.

(3) This section does not limit the rights of the accused person to return voluntarily and without formality to the other state before the person executes or subscribes to a waiver of extradition, nor may this waiver of extradition procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the other state or of this state.
Mont. Code Ann. § 46-31-202 — MT Code / Title 46 / Chapter 31 / Part 2 / Section 46-31-202
46-31-202 Warden to give over inmate
Status: in_force

46-31-202 . Warden to give over inmate. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
Mont. Code Ann. § 46-18-101 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-101
46-18-101 Correctional and sentencing policy
Status: in_force

46-18-101 . Correctional and sentencing policy. (1) It is the purpose of this section to establish the correctional and sentencing policy of the state of Montana. Laws for the punishment of crime are drawn to implement the policy established by this section.

(2) The correctional and sentencing policy of the state of Montana is to:

(a) punish each offender commensurate with the nature and degree of harm caused by the offense and to hold an offender accountable;

(b) protect the public, reduce crime, and increase the public sense of safety by incarcerating violent offenders and serious repeat offenders;

(c) provide restitution, reparation, and restoration to the victim of the offense; and

(d) encourage and provide opportunities for the offender's self-improvement to provide rehabilitation and reintegration of offenders back into the community.

(3) To achieve the policy outlined in subsection (2), the state of Montana adopts the following principles:

(a) Sentencing and punishment must be certain, timely, consistent, and understandable.

(b) Sentences should be commensurate with the punishment imposed on other persons committing the same offenses.

(c) Sentencing practices must be neutral with respect to the offender's race, gender, religion, national origin, or social or economic status.

(d) Sentencing practices must permit judicial discretion to consider aggravating and mitigating circumstances.

(e) Sentencing practices must include punishing violent and serious repeat felony offenders with incarceration.

(f) Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.

(g) Sentencing and correctional practices must emphasize that the offender is responsible for obeying the law and must hold the offender accountable for the offender's actions.

(h) Sentencing practices must emphasize restitution to the victim by the offender. A sentence must require an offender to pay restitution, costs as provided in 46-18-232 , costs of assigned counsel, as provided in 46-8-113 , and, if the offender is a sex offender, costs of any chemical treatment.

(i) Sentencing practices should promote and support practices, policies, and programs that focus on restorative justice principles.
Mont. Code Ann. § 46-23-1020 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1020
46-23-1020 Conditional discharge -- definition -- revocation
Status: in_force

46-23-1020 . Conditional discharge -- definition -- revocation. (1) (a) A conditional discharge granted under 46-23-1011 or 46-23-1021 is:

(i) a discharge from supervision by the department for the time remaining on the sentence imposed if the probationer or parolee complies with all the conditions imposed by the district court or the board; and

(ii) a release from the obligation to pay supervision fees imposed as part of a sentence or as terms of parole or probation.

(b) If an individual who has been granted a conditional discharge under 46-23-1011 or 46-23-1021 becomes a resident of another state, the conditional discharge must be construed as a discharge of the imposed sentence subject to revocation as provided in subsection (2).

(2) A conditional discharge may be revoked if, within the time remaining on the sentence that was conditionally discharged, the individual:

(a) is charged with a felony offense;

(b) is charged with a misdemeanor offense for which the individual could be sentenced to incarceration for a period of more than 6 months; or

(c) violates any condition imposed by the district court or the board.

(3) A sexual or violent offender who is subject to lifetime supervision by the department is not eligible for a conditional discharge from supervision.
Mont. Code Ann. § 46-18-306 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-306
46-18-306 Specific written findings of fact
Status: in_force

46-18-306 . Specific written findings of fact. In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact as to the existence or nonexistence of each of the circumstances set forth in 46-18-303 and 46-18-304 . The written findings of fact shall be substantiated by the records of the trial and the sentencing proceeding.
Mont. Code Ann. § 46-15-105 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-105
46-15-105 Persons imprisoned in state prison or in another county
Status: in_force

46-15-105 . Persons imprisoned in state prison or in another county. When it is necessary to have a person imprisoned in the state prison brought before any court or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made.
Mont. Code Ann. § 46-17-203 — MT Code / Title 46 / Chapter 17 / Part 2 / Section 46-17-203
46-17-203 Plea of guilty -- use of two-way electronic audio-video communication
Status: in_force

46-17-203 . Plea of guilty -- use of two-way electronic audio-video communication. (1) Before or during trial, a plea of guilty must be accepted, and a plea of nolo contendere may be accepted with the consent of the court and the prosecutor, when:

(a) subject to the provisions of subsection (3), the defendant enters a plea of guilty or nolo contendere in open court; and

(b) the court has informed the defendant of the consequences of the plea and of the maximum penalty provided by law that may be imposed upon acceptance of the plea.

(2) (a) Subject to subsection (2)(b), a plea of guilty or nolo contendere in a justice's court, city court, or other court of limited jurisdiction waives the right of trial de novo in district court. A defendant must be informed of the waiver before the plea is accepted, and the justice or judge shall question the defendant to ensure that the plea and waiver are entered voluntarily.

(b) A defendant who claims that a plea of guilty or nolo contendere was not entered voluntarily may move to withdraw the plea. If the motion to withdraw is denied, the defendant may, within 90 days of the denial of the motion, appeal the denial of a motion to withdraw the plea to district court. The district court may order the office of state public defender, provided for in 2-15-1029 , to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, hold a hearing, and enter appropriate findings of fact, conclusions of law, and a decision affirming or reversing the denial of the defendant's motion to withdraw the plea by the court of limited jurisdiction. The district court may remand the case. The defendant may not appeal the decision of the district court.

(3) For purposes of this section, in cases in which the defendant is charged with a misdemeanor offense, an entry of a plea of guilty or nolo contendere through the use of two-way electronic audio-video communication, allowing all of the participants to be observed and heard in the courtroom by all present, is considered to be an entry of a plea of guilty or nolo contendere in open court. Audio-video communication may be used if neither party objects and the court agrees to its use. The audio-video communication must operate as provided in 46-12-201 .
Mont. Code Ann. § 46-1-1211 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1211
46-1-1211 Treatment and support services
Status: in_force

46-1-1211 . Treatment and support services. (1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that participants are placed into a clinically approved mental health treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommendations to the mental health treatment court team regarding the type of treatment program and duration necessary so that a participant's individualized needs are addressed. The assessments and recommendations must be based upon evidence-based treatment principles. The mental health treatment court and governmental entities that refer an offender to a mental health treatment court shall adopt an evidence-based program evaluation tool that measures how closely the mental health 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. Treatment recommendations accepted by the mental health treatment court pursuant to this part must be considered to be reasonable and necessary and be evidence-based or research-driven.

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

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

(4) A mental health treatment court making a referral for mental health services or substance abuse treatment shall refer the participant 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 participants. 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 participant's progress or lack of progress to the mental health treatment court.
Mont. Code Ann. § 46-30-414 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-414
46-30-414 Conditions upon return to state
Status: in_force

46-30-414 . Conditions upon return to state. When a person is arrested on a judicial warrant after being returned to this state under 46-30-411 , the following conditions must apply:

(1) a person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge within the same jurisdiction may consider the matter; and

(2) the person must be held liable for restitution on the transport costs incurred by a governmental entity as provided for in 46-18-241 through 46-18-249 .
Mont. Code Ann. § 46-11-203 — MT Code / Title 46 / Chapter 11 / Part 2 / Section 46-11-203
46-11-203 Time for filing information
Status: in_force

46-11-203 . Time for filing information. (1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by probable cause.

(2) Unless good cause to the contrary is shown, the court shall dismiss the prosecution if an information is not filed within 30 days as required in subsection (1).
Mont. Code Ann. § 46-18-116 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-116
46-18-116 Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment
Status: in_force

46-18-116 . Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment. (1) The judgment must set forth the plea, the verdict or finding, and the adjudication. If the defendant is convicted, it must set forth the sentence or other disposition. The written judgment must be signed and must be entered on the record within 30 days after the oral pronouncement of the disposition of the case. At the time that the judgment is filed, the prosecutor of the county in which the sentence was imposed shall serve a copy of the judgment on the defendant. The written judgment must include a statement of the rights set forth in subsection (2).

(2) If a written judgment and an oral pronouncement of sentence or other disposition conflict, the defendant or the prosecutor in the county in which the sentence was imposed may, within 120 days after filing of the written judgment, request that the court modify the written judgment to conform to the oral pronouncement. The court shall modify the written judgment to conform to the oral pronouncement at a hearing, and the defendant must be present at the hearing unless the defendant waives the right to be present or elects to proceed pursuant to 46-18-115 . The defendant and the prosecutor waive the right to request modification of the written judgment if a request for modification of the written judgment is not filed within 120 days after the filing of the written judgment in the sentencing court.

(3) The court may correct a factually erroneous sentence or judgment at any time. Illegal sentences must be addressed in the manner provided by law for appeal and postconviction relief.
Mont. Code Ann. § 46-11-111 — MT Code / Title 46 / Chapter 11 / Part 1 / Section 46-11-111
46-11-111 Amending complaint
Status: in_force

46-11-111 . Amending complaint. A court may allow a complaint to be amended under the same circumstances and in the same manner as an information as provided in 46-11-205 .
Mont. Code Ann. § 46-14-311 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-311
46-14-311 Consideration of mental disease or disorder or developmental disability in sentencing
Status: in_force

46-14-311 . Consideration of mental disease or disorder or developmental disability in sentencing. (1) Whenever a defendant is convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims at the time of the omnibus hearing held pursuant to 46-13-110 or, if no omnibus hearing is held, at the time of any change of plea by the defendant that at the time of the commission of the offense of which convicted the defendant was suffering from a mental disease or disorder or developmental disability that rendered the defendant unable to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirements of law, the sentencing court shall consider any relevant evidence presented at the trial and may also consider the results of the presentence investigation requested pursuant to subsection (2).

(2) Under the circumstances referred to in subsection (1), the sentencing court may order a presentence investigation and a report on the investigation pursuant to 46-18-111 . If requested, the investigation must include a mental evaluation by a person appointed by the director of the department of public health and human services or the director's designee. The evaluation must include an opinion as to whether the defendant suffered from a mental disease or disorder or developmental disability with the effect as described in subsection (1). If the opinion concludes that the defendant did suffer from a mental disease or disorder or developmental disability with the effect as described in subsection (1), the evaluation must also include a recommendation as to the care, custody, and treatment needs of the defendant.
Mont. Code Ann. § 46-6-311 — MT Code / Title 46 / Chapter 6 / Part 3 / Section 46-6-311
46-6-311 Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order
Status: in_force

46-6-311 . Basis for arrest without warrant -- arrest of predominant aggressor -- no contact order. (1) A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.

(2) (a) The summoning of a peace officer to a place of residence by a partner or family member constitutes an exigent circumstance for making an arrest. Arrest is the preferred response in partner or family member assault cases involving injury to the victim, use or threatened use of a weapon, violation of a restraining order, or other imminent danger to the victim.

(b) When a peace officer responds to a partner or family member assault complaint and if it appears that the parties were involved in mutual aggression, the officer shall evaluate the situation to determine who is the predominant aggressor. If, based on the officer's evaluation, the officer determines that one person is the predominant aggressor, the officer may arrest only the predominant aggressor. A determination of who the predominant aggressor is must be based on but is not limited to the following considerations, regardless of who was the first aggressor:

(i) the prior history of violence between the partners or family members, if information about the prior history is available to the officer;

(ii) the relative severity of injuries received by each person;

(iii) whether an act of or threat of violence was taken in self-defense;

(iv) the relative sizes and apparent strength of each person;

(v) the apparent fear or lack of fear between the partners or family members; and

(vi) statements made by witnesses.

(3) If a judge has issued a standing order as provided in 45-5-209 , a peace officer shall give a defendant charged with or arrested for partner or family member assault or a violation of 45-5-202 , 45-5-213 , or 45-5-215 if the victim is a partner or family member of the defendant, both written and verbal notice of the no contact order issued pursuant to 45-5-209 . The notice must include specific conditions as ordered by the court.
Mont. Code Ann. § 46-6-602 — MT Code / Title 46 / Chapter 6 / Part 6 / Section 46-6-602
46-6-602 Notice of rights to victim in partner or family member assault
Status: in_force

46-6-602 . Notice of rights to victim in partner or family member assault. Whenever a peace officer arrests a person for partner or family member assault, as defined in 45-5-206 , or responds to a call in which partner or family member assault is suspected, the officer, outside the presence of the offender, shall advise the victim of the availability of a shelter or other services in the community and give the victim immediate notice of any legal rights and remedies available. The notice must include furnishing the victim with a copy of the following statement:

"The city or county attorney's office can file criminal charges against an offender if the offender committed the offense of partner or family member assault.

In addition to the criminal charges filed by the state of Montana, you are entitled to the following civil remedies:

You may go to court and file a petition requesting any of the following orders for relief:

(1) an order of protection that prohibits the offender from threatening to hurt you or hurting you;

(2) an order of protection that directs the offender to leave your home and prohibits the offender from having any contact with you;

(3) an order of protection that prevents the offender from transferring any property except in the usual course of business;

(4) an order of protection that prohibits the offender from being within 1,500 feet or other appropriate distance of you, any named family member, and your worksite or other specified place;

(5) an order of protection that gives you possession of necessary personal property;

(6) an order of protection that prohibits the offender from possessing or using the firearm used in the assault.

If you file a petition in district court, the district court may order all of the above and may award custody of your minor children to you or to the other parent. The district court may order visitation of your children between the parents. The district court may order the offender to pay support payments to you if the offender has a legal obligation to pay you support payments.

The forms that you need to obtain an order of protection are at _______________. You may call ____________ at ____________ for additional information about an order of protection.

You may file a petition in district court at _____________.

You may be eligible for restitution payments from the offender (the offender would repay you for costs that you have had to pay as a result of the assault) or for crime victims compensation payments (a fund administered by the state of Montana for innocent victims of crime). You may call ____________ at _____________ for additional information about restitution or crime victims compensation.

If a person has been found guilty of partner or family member assault against you or a partner or family member, as defined in 45-5-206 , or has been found guilty of stalking or another offense involving bodily harm or the threat of bodily harm against you or a partner or family member, you may choose to keep your residential address off the list of registered voters by contacting the county election administrator at ________________.

The following agencies may be able to give you additional information or emergency help. (List telephone numbers and addresses of agencies other than shelters with secret locations and a brief summary of services that are available.)"
Mont. Code Ann. § 46-18-261 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-261
46-18-261 Recovery of suppression and investigation expenses for fires caused by arson
Status: in_force

46-18-261 . Recovery of suppression and investigation expenses for fires caused by arson. (1) A person convicted of arson, negligent arson, or solicitation of or conspiracy to commit arson or negligent arson may be ordered, as part of the sentence, to reimburse law enforcement agencies, governmental fire agencies organized under Title 7, chapter 33, and the state for the cost of suppressing and investigating a fire that occurred during the commission of the crime.

(2) The court may order a person doing a presentence investigation and report to include documentation of the costs of suppressing and investigating the fire and of the defendant's ability to pay and may receive evidence concerning the matters at the time of sentencing.

(3) The court shall specify the amount, method, and time of payment, which may include but is not limited to installment payments. The court may order a probation officer or other appropriate officer attached to or working closely with the court in the administration of justice to supervise payment and report any default to the court.

(4) Upon petition by the offender and after a hearing, the payment may be modified. Agencies receiving payment at that time must be notified of and allowed to participate in the hearing.

(5) This section does not limit the right of a law enforcement agency or governmental fire agency to recover from the offender in a civil action, but the findings in the sentencing hearing and the fact that payment of costs was part of the sentence are inadmissible in and have no legal effect on the merits of a civil action. Costs paid by the offender must be deducted from a recovery awarded in a civil action.
Mont. Code Ann. § 46-20-704 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-704
46-20-704 Superseded
Status: in_force

46-20-704 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-15-325 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-325
46-15-325 Failure to call a witness or raise a defense
Status: in_force

46-15-325 . Failure to call a witness or raise a defense. The fact that a witness's name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness's name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.
Mont. Code Ann. § 46-23-305 — MT Code / Title 46 / Chapter 23 / Part 3 / Section 46-23-305
46-23-305 When publication not necessary
Status: in_force

46-23-305 . When publication not necessary. No publication need be made as provided in 46-23-302 , 46-23-303 , and 46-23-304 in the following cases:

(1) when there is imminent danger of the death of the person convicted or imprisoned;

(2) when the term of imprisonment of the applicant is within 10 days of its expiration.
Mont. Code Ann. § 46-24-202 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-202
46-24-202 Notification of available protective services
Status: in_force

46-24-202 . Notification of available protective services. Law enforcement officers and prosecuting attorneys shall provide a victim or witness information on the availability of services to protect the victim or witness from intimidation, including the process for obtaining a protective order from the court.
Mont. Code Ann. § 46-5-101 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-101
46-5-101 Searches and seizures -- when authorized
Status: in_force

46-5-101 . Searches and seizures -- when authorized. A search of a person, object, or place may be made and evidence, contraband, and persons may be seized in accordance with Title 46 when a search is made:

(1) by the authority of a search warrant; or

(2) in accordance with judicially recognized exceptions to the warrant requirement.
Mont. Code Ann. § 46-30-217 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-217
46-30-217 Rights of accused persons -- habeas corpus
Status: in_force

46-30-217 . Rights of accused persons -- habeas corpus. (1) A person arrested in this state upon a governor's warrant of arrest and rendition pursuant to this chapter may not be delivered over to the agent whom the executive authority requisitioning the person has appointed to receive the person unless the person is first taken without delay before a judge of a court of record in this state, who shall inform the person of the requisition made for the person's surrender and of the crime with which the person is charged and that the person has the right to demand and procure counsel.

(2) If the prisoner or the prisoner's counsel states that the prisoner or the prisoner and counsel desire to test the legality of the prisoner's arrest on the governor's warrant of arrest and rendition, the judge of the court of record shall remand the prisoner to custody and fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice of the writ and of the time and place of hearing on the writ must be given to the prosecuting officer of the county in which the arrest was made and in which the accused is in custody and to the agent of the requisitioning state. A governor's warrant of arrest and rendition issued in accordance with the provisions of 46-30-213 and 46-30-215 must be presumed to be valid, and the person named in the warrant must be held in custody at all times and may only be eligible for release on bail if a court finds:

(a) that the person in custody is not the same person named in the warrant;

(b) that the person is not a fugitive from justice under 46-30-201 or otherwise subject to extradition under 46-30-204 ;

(c) that there is no criminal charge or criminal proceeding pending against the person in the requisitioning state; or

(d) that the documents are not on their face in order.
Mont. Code Ann. § 46-11-302 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-302
46-11-302 Challenges to grand jury or grand jurors
Status: in_force

46-11-302 . Challenges to grand jury or grand jurors. (1) The prosecutor may challenge the panel of a grand jury on the ground that the grand jury was not selected, drawn, or summoned according to law and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges must be made before the administration of the oath of the jurors, may be oral or in writing, and must be tried and decided by the court.

(2) At any time for cause shown, the district court may excuse or discharge a juror either temporarily or permanently, and in the latter event, the court may impanel another person in place of the juror discharged.

(3) A motion to dismiss the indictment may be based on the ground that the grand jury was not selected, drawn, or summoned according to law or that an individual juror was not legally qualified. An indictment may not be dismissed on the ground that one or more members are not legally qualified if it appears from the record kept pursuant to this part that eight or more jurors, after deducting those not legally qualified, concurred in finding the indictment.
Mont. Code Ann. § 46-16-213 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-213
46-16-213 Testimony of person legally accountable
Status: in_force

46-16-213 . Testimony of person legally accountable. A person may not be found guilty of an offense on the testimony of one responsible or legally accountable for the same offense, as defined in 45-2-301 , unless the testimony is corroborated by other evidence that in itself and without the aid of the testimony of the one responsible or legally accountable for the same offense tends to connect the defendant with the commission of the offense.
Mont. Code Ann. § 46-20-401 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-401
46-20-401 Superseded
Status: in_force

46-20-401 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-11-404 — MT Code / Title 46 / Chapter 11 / Part 4 / Section 46-11-404
46-11-404 Joinder of offenses and defendants
Status: in_force

46-11-404 . Joinder of offenses and defendants. (1) Two or more offenses or different statements of the same offense may be charged in the same charging document in a separate count, or alternatively, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.

(2) If two or more charging documents are filed in the case, the court may order them to be consolidated.

(3) The prosecution is not required to elect between the different offenses set forth in the charging document, and the defendant may be convicted of any number of the offenses charged except as provided in 46-11-410 . Each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.

(4) Two or more defendants may be charged in the same indictment, information, or complaint if they are alleged to have participated in the same transaction constituting an offense or offenses. The defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.
Mont. Code Ann. § 46-18-1103 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1103
46-18-1103 Definitions
Status: in_force

46-18-1103 . Definitions. As used in this part, the following definitions apply:

(1) "Expunge" or "expungement" means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form.

(2) (a) "Record" means any:

(i) identifiable description, notation, or photograph of an arrest and detention;

(ii) complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;

(iii) sentence;

(iv) correctional status;

(v) release; or

(vi) court document or filing.

(b) The term does not include a fingerprint record or data that may be maintained for investigative purposes.
Mont. Code Ann. § 46-4-120 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-120
46-4-120 Notification of finding human remains
Status: in_force

46-4-120 . Notification of finding human remains. A person who finds a dead human body or fetus or remains that appear to be human shall immediately report this fact to the county coroner by telephone or by the fastest available means of communication.
Mont. Code Ann. § 46-15-107 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-107
46-15-107 Service of subpoenas
Status: in_force

46-15-107 . Service of subpoenas. (1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.

(2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.

(3) A subpoena requiring attendance of a witness at a hearing or trial may be served anywhere within the state of Montana.
Mont. Code Ann. § 46-16-228 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-228
46-16-228 Hearing -- procedure -- evidence that may be received -- protection for child witness
Status: in_force

46-16-228 . Hearing -- procedure -- evidence that may be received -- protection for child witness. (1) A court shall conduct a hearing on a motion made under 46-16-227 .

(2) The prosecution, if the prosecution made the motion pursuant to 46-16-227 , or the defense, if the defense made the motion pursuant to 46-16-227 , shall present evidence at the hearing made on the motion to prove the need for an order under 46-16-229 .

(3) In ruling on the motion, the court shall consider the following factors:

(a) the age and maturity of the child witness;

(b) the possible effect that testifying in person might have on the child witness;

(c) the extent of the trauma that the child witness has already suffered;

(d) the nature of the testimony to be given by the child witness;

(e) the nature of the offense;

(f) threats made to the child witness or the child witness's family in order to prevent or dissuade the child witness from attending or giving testimony at any trial or court proceeding;

(g) conduct on the part of the defendant or the defendant's attorney that causes the child witness to be unable to continue the child witness's testimony; and

(h) any other matter that the court considers relevant.

(4) The court may consider hearsay evidence of reports or testimony by psychologists who have examined or treated the child witness.
Mont. Code Ann. § 46-5-313 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-313
46-5-313 Firearm not to be destroyed
Status: in_force

46-5-313 . Firearm not to be destroyed. If a firearm possessed by a law enforcement agency was not purchased by the agency for agency use, if it is legal for a private person to own and possess the firearm, and if the legal owner cannot be determined by the agency, the agency may not destroy the firearm and shall sell the firearm to a licensed dealer. The proceeds of the sale must be deposited in the general fund of the governmental entity of which the agency is a part.
Mont. Code Ann. § 46-8-101 — MT Code / Title 46 / Chapter 8 / Part 1 / Section 46-8-101
46-8-101 Right to counsel
Status: in_force

46-8-101 . Right to counsel. (1) During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.

(2) Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111 .

(3) If the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, during the initial appearance the court may order that incarceration not be exercised as a sentencing option if the defendant is convicted. If the court so orders, the court shall inform the defendant that the assistance of counsel at public expense through the office of state public defender is not available and that time will be given to consult with an attorney before a plea is entered. If incarceration is waived as a sentencing option, a public defender may not be assigned.
Mont. Code Ann. § 46-15-204 — MT Code / Title 46 / Chapter 15 / Part 2 / Section 46-15-204
46-15-204 Use of depositions at trial
Status: in_force

46-15-204 . Use of depositions at trial. Any deposition may be used by any party for any purpose allowed by the Montana Rules of Evidence.
Mont. Code Ann. § 46-5-305 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-305
46-5-305 Disposition of unclaimed property
Status: in_force

46-5-305 . Disposition of unclaimed property. If property seized as evidence is not claimed within 6 months of completion of the case for which it was seized, it must be disposed of pursuant to the provisions of 46-5-306 through 46-5-309 .
Mont. Code Ann. § 46-6-603 — MT Code / Title 46 / Chapter 6 / Part 6 / Section 46-6-603
46-6-603 Partner or family member assault -- seizure of weapon
Status: in_force

46-6-603 . Partner or family member assault -- seizure of weapon. (1) A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault.

(2) The responding officer may, as appropriate:

(a) take reasonable action necessary to provide for the safety of a victim and any other member of the household;

(b) transport or arrange for the transportation of the victim and any other member of the household to a safe location; and

(c) assist a victim and any other member of the household to remove necessary personal items.

(3) A weapon seized under this section may not be returned to the offender until acquittal or until the return is ordered by the court.
Mont. Code Ann. § 46-16-103 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-103
46-16-103 Who decides questions of law and fact
Status: in_force

46-16-103 . Who decides questions of law and fact. (1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.

(2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110 (3).
Mont. Code Ann. § 46-20-603 — MT Code / Title 46 / Chapter 20 / Part 6 / Section 46-20-603
46-20-603 Superseded
Status: in_force

46-20-603 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-20-513 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-513
46-20-513 Superseded
Status: in_force

46-20-513 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-9-510 — MT Code / Title 46 / Chapter 9 / Part 5 / Section 46-9-510
46-9-510 Surrender of defendant
Status: in_force

46-9-510 . Surrender of defendant. (1) At any time before the forfeiture of bail or within 90 days after forfeiture:

(a) the defendant may surrender to the court or any peace officer of this state; or

(b) a surety bail bond insurance producer licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapter 17, may arrest the defendant pursuant to 46-6-508 and surrender the defendant to the court, any peace officer, or any detention center facility of this state. Any arrest or surrender pursuant to this subsection (1) must be reported to the commissioner of insurance on a form and in a manner to be determined by the commissioner.

(2) The peace officer or detention center facility shall detain the defendant in custody as upon commitment and shall file a certificate, acknowledging the surrender, in the court having jurisdiction of the defendant. The court shall then order the bail exonerated.
Mont. Code Ann. § 46-22-302 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-302
46-22-302 Appearance of petitioner
Status: in_force

46-22-302 . Appearance of petitioner. (1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person having custody of the petitioner.

(2) If the court is satisfied with the truth of the affidavit, the court may proceed and dispose of the case as if the petitioner were present or the hearing may be postponed until the petitioner is present.
Mont. Code Ann. § 46-14-101 — MT Code / Title 46 / Chapter 14 / Part 1 / Section 46-14-101
46-14-101 Mental disease or disorder -- purpose -- definition
Status: in_force

46-14-101 . Mental disease or disorder -- purpose -- definition. (1) The purpose of this section is to provide a legal standard of mental disease or disorder under which the information gained from examination of the defendant, pursuant to part 2 of this chapter, regarding a defendant's mental condition is applied. The court shall apply this standard:

(a) in any determination regarding:

(i) a defendant's fitness to proceed and stand trial;

(ii) whether the defendant had, at the time that the offense was committed, a particular state of mind that is an essential element of the offense; and

(b) at sentencing when a defendant has been convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims that at the time of commission of the offense for which the defendant was convicted, the defendant was unable to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirements of the law.

(2) (a) As used in this chapter, "mental disease or disorder" means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation.

(b) The term "mental disease or disorder" does not include but may co-occur with one or more of the following:

(i) an abnormality manifested only by repeated criminal or other antisocial behavior;

(ii) a developmental disability, as defined in 53-20-102 ;

(iii) drug or alcohol intoxication; or

(iv) drug or alcohol addiction.
Mont. Code Ann. § 46-15-327 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-327
46-15-327 Continuing duty to disclose
Status: in_force

46-15-327 . Continuing duty to disclose. If at any time after a disclosure has been made any party discovers additional information or material that would be subject to disclosure had it been known at the time of disclosure, the party shall promptly notify all other parties of the existence of the additional information or material and make an appropriate disclosure.
Mont. Code Ann. § 46-4-303 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-303
46-4-303 Relief from improper subpoena
Status: in_force

46-4-303 . Relief from improper subpoena. A person aggrieved by a subpoena issued pursuant to this part may, within a reasonable time, file a motion to dismiss the subpoena and, in the case of a subpoena duces tecum, to limit its scope. The motion must be granted if the subpoena was improperly issued or, in the case of a subpoena duces tecum, if it is overly broad in its scope.
Mont. Code Ann. § 46-11-701 — MT Code / Title 46 / Chapter 11 / Part 7 / Section 46-11-701
46-11-701 Pretrial proceedings -- exclusion of public and sealing of records
Status: in_force

46-11-701 . Pretrial proceedings -- exclusion of public and sealing of records. (1) Except as provided in this section, pretrial proceedings and records of those proceedings are open to the public. If, at the pretrial proceedings, testimony or evidence is presented that is likely to threaten the fairness of a trial, the presiding officer shall advise those present of the danger and shall seek the voluntary cooperation of the news media in delaying dissemination of potentially prejudicial information until the impaneling of the jury or until an earlier time consistent with the administration of justice.

(2) The defendant may move that all or part of the proceeding be closed to the public, or with the consent of the defendant, the judge may take action on the judge's own motion.

(3) The judge may close a preliminary hearing, bail hearing, or any other pretrial proceeding, including a hearing on a motion to suppress, and may seal the record only if:

(a) the dissemination of information from the pretrial proceeding and its record would create a clear and present danger to the fairness of the trial; and

(b) the prejudicial effect of the information on trial fairness cannot be avoided by any reasonable alternative means.

(4) Whenever all or part of any pretrial proceeding is held in chambers or otherwise closed to the public under this section, a complete record must be kept and made available to the public following the completion of the trial or earlier if consistent with trial fairness.

(5) Notwithstanding closure of a proceeding 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 either party's right to a fair trial 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 defendant's right to a fair trial.

(6) (a) When the judge determines that all or part of a document filed in support of a charge or warrant would present a clear and present danger to the defendant's right to a fair trial, the document or portion of the document must be sealed until the trial is completed unless the document or portion of the document must be used for trial fairness.

(b) When a sworn affidavit in support of a search warrant is presented by a peace officer to a judge and the peace officer's request includes a request to seal the documents related to the search warrant, the judge may consider the evidence presented and, if the judge makes a finding from the evidence that the demand of individual privacy clearly exceeds the merits of public disclosure, the judge may order the documents related to the search warrant sealed until:

(i) a date certain;

(ii) the occurrence of a specific event;

(iii) the filing of a charge arising from or related to the execution of the search warrant; or

(iv) such other time as the judge deems appropriate.
Mont. Code Ann. § 46-23-1028 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1028
46-23-1028 Supervision responses grid -- report
Status: in_force

46-23-1028 . Supervision responses grid -- report. (1) The department shall revise, maintain, and fully implement the policy known as the Montana incentives and interventions grid. The grid must guide responses to negative and positive behavior by people under supervision by the department, including responses to violations of supervision conditions, in a swift, certain, and proportional manner. The grid must include guidance and procedures to determine when and how to:

(a) request a warrant or arrest without a warrant;

(b) use a 72-hour detention;

(c) initiate an intervention hearing;

(d) seek departmental approval to use up to 90-day interventions; and

(e) exhaust and document appropriate graduated violation responses before initiating the revocation process.

(2) The grid must recommend the least restrictive placement for offenders based on the result of a validated risk and needs assessment. Placement decisions must be documented in the offender's file and must indicate any other less secure sanction options considered by the probation and parole officer before utilizing a higher level of custody.

(3) The department shall:

(a) provide information and training on the grid for probation and parole officers and supervisors and for members and staff of the board of pardons and parole;

(b) offer information and training on the grid to district court judges, prosecution and defense attorneys, law enforcement personnel, county detention center personnel, contracted service providers, and other interested personnel;

(c) review the grid every 5 years to ensure that it adheres to evidence-based practices and that the use of sanctions and incentives by probation and parole officers is consistent across the state;

(d) ensure that the guidance and procedures established in the grid consider community safety and the needs of the victim and offender;

(e) collect data relating to placement decisions based on the grid; and

(f) aggregate collected data and provide a report to the law and justice interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 46-18-223 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-223
46-18-223 Hearing to determine application of exceptions
Status: in_force

46-18-223 . Hearing to determine application of exceptions. (1) When the application of an exception provided for in 46-18-222 is an issue, the court shall grant the defendant a hearing prior to the imposition of sentence to determine the applicability of the exception.

(2) The hearing shall be held before the court sitting without a jury. The defendant and the prosecution are entitled to assistance of counsel, compulsory process, and cross-examination of witnesses who appear at the hearing.

(3) If it appears by a preponderance of the information, including information submitted during the trial, during the sentencing hearing, and in so much of the presentence report as the court relies on, that none of the exceptions at issue apply, the court shall impose the appropriate mandatory sentence. The court shall state the reasons for its decision in writing and shall include an identification of the facts relied upon in making its determination. The statement shall be included in the judgment.
Mont. Code Ann. § 46-1-502 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-502
46-1-502 Mediation
Status: in_force

46-1-502 . Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.

(2) The proceeding may not be referred for mediation if the offense charged is:

(a) deliberate homicide, as described in 45-5-102 ;

(b) mitigated deliberate homicide, as described in 45-5-103 ;

(c) intimidation, as described in 45-5-203 ;

(d) partner or family member assault, as described in 45-5-206 ;

(e) assault on a minor, as described in 45-5-212 ;

(f) strangulation of a partner or family member, as described in 45-5-215 ;

(g) stalking, as described in 45-5-220 ;

(h) aggravated kidnapping, as described in 45-5-303 ;

(i) a sex crime, as described in 45-5-502 , 45-5-503 , 45-5-504 , or 45-5-507 ;

(j) endangering the welfare of children, as described in 45-5-622 ;

(k) sexual abuse of children, as described in 45-5-625 ; or

(l) ritual abuse of a minor, as described in 45-5-627 .

(3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.

(4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.

(5) This section does not prohibit the parties from engaging in traditional plea negotiations.
Mont. Code Ann. § 46-5-113 — MT Code / Title 46 / Chapter 5 / Part 1 / Section 46-5-113
46-5-113 Civil action for violation
Status: in_force

46-5-113 . Civil action for violation. The attorney general may apply for an injunction or commence a civil action against any government entity to compel compliance with the terms of 46-5-111 through 46-5-113 .
Mont. Code Ann. § 46-18-235 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-235
46-18-235 Disposition of money collected as fines and costs
Status: in_force

46-18-235 . Disposition of money collected as fines and costs. Except as provided in 61-8-726 , the money collected by a court as a result of the imposition of fines or assessment of costs under the provisions of 46-18-231 and 46-18-232 must be paid:

(1) by the clerk of district court to:

(a) the department of revenue for deposit into the state general fund; or

(b) if the fine was imposed for a violation of Title 45, chapter 9 or 10, and at the court's discretion, the drug forfeiture account maintained under 44-12-213 for the law enforcement agency that made the arrest from which the conviction and fine arose; and

(2) by a justice's court pursuant to 3-10-601 .
Mont. Code Ann. § 46-11-205 — MT Code / Title 46 / Chapter 11 / Part 2 / Section 46-11-205
46-11-205 Amending information as to substance or form
Status: in_force

46-11-205 . Amending information as to substance or form. (1) The court may allow an information to be amended in matters of substance at any time, but not less than 5 days before trial, provided that a motion is filed in a timely manner, states the nature of the proposed amendment, and is accompanied by an affidavit stating facts that show the existence of probable cause to support the charge as amended. A copy of the proposed amended information must be included with the motion to amend the information.

(2) If the court grants leave to amend the information, the defendant must be arraigned on the amended information without unreasonable delay and must be given a reasonable period of time to prepare for trial on the amended information.

(3) The court may permit an information to be amended as to form at any time before a verdict or finding is issued if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.
Mont. Code Ann. § 46-30-401 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-401
46-30-401 Application for issuance of requisition
Status: in_force

46-30-401 . Application for issuance of requisition. (1) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor a written application for a requisition for the return of the person charged. The application must state the name of the person charged, the crime charged against the person, the approximate time, place, and circumstances of its commission, and the state in which the person is believed to be, including the location of the accused in that state at the time the application is made. The application must certify that in the opinion of the prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not being instituted to enforce a private claim.

(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the board of pardons and parole, or the warden of the institution or sheriff of the county from which the escape was made shall present to the governor a written application for a requisition for the return of the person. The application must state the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or of the breach of the terms of bail, probation, or parole, and the state in which the person is believed to be, including the location of the person in that state at the time the application is made.

(3) The application must be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the:

(a) indictment returned;

(b) information and affidavit filed;

(c) complaint made to the judge or magistrate stating the offense with which the accused is charged;

(d) judgment of conviction; or

(e) sentence.

(4) The prosecuting officer, board of pardons and parole, warden, or sheriff may also attach further affidavits and other documents in duplicate that are considered proper to be submitted with the application.

(5) One copy of the application, with the action of the governor indicated by endorsement on the application, and one of the certified copies of the indictment, complaint, information and affidavits, judgment of conviction, or sentence and other documents included in the application must be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers must be forwarded with the governor's requisition.
Mont. Code Ann. § 46-16-114 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-114
46-16-114 Examination of prospective jurors
Status: in_force

46-16-114 . Examination of prospective jurors. (1) The clerk of court shall make available to the parties a list of prospective jurors with their questionnaires when the names have been drawn.

(2) The prosecutor and the defendant or the defendant's attorney shall conduct the examination of prospective jurors. The judge may conduct an additional examination. The judge may limit the examination by the defendant, the defendant's attorney, or the prosecutor if the examination is improper.
Mont. Code Ann. § 46-16-118 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-118
46-16-118 Alternate jurors
Status: in_force

46-16-118 . Alternate jurors. (1) The court may direct that one or more alternate jurors be selected in the same manner as principal jurors. The alternate jurors shall take the same oath as the principal jurors.

(2) Each party shall have one additional peremptory challenge for each alternate juror.

(3) Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury arrives at its verdict, become unable or disqualified to perform their duties. An alternate juror may not join the jury in its deliberation unless called upon by the court to replace a member of the jury. An alternate juror's conduct during the period in which the jury is considering its verdict is regulated by instructions of the trial court. An alternate juror who does not replace a principal juror must be discharged after the jury arrives at its verdict.
Mont. Code Ann. § 46-31-201 — MT Code / Title 46 / Chapter 31 / Part 2 / Section 46-31-201
46-31-201 Public agencies to cooperate in enforcement
Status: in_force

46-31-201 . Public agencies to cooperate in enforcement. All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Mont. Code Ann. § 46-5-308 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-308
46-5-308 Order
Status: in_force

46-5-308 . Order. (1) The court may enter an order providing for the destruction or disposition of the evidence. If a victim of the offense wishes to be heard on the petition, the court shall schedule a hearing on the petition and shall allow the victim to be heard in open court. The court shall consider the victim's statements prior to issuing an order under this section. A proposed order must be presented by the petitioner to the court and may include:

(a) authorization to destroy all contraband listed in the petition, the method of destruction, and the time within which the destruction must be accomplished;

(b) if certain contraband is requested by the petitioner for training or law enforcement purposes, authorization to use the items and a description of each;

(c) if the petition requests training or law enforcement use of noncontraband items, authorization to retain the items by the law enforcement agency and a description of the items;

(d) if the evidence is money and the owner cannot be ascertained and no civil forfeiture action is pending, authorization to deposit the money to the appropriate city, county, or state drug forfeiture fund;

(e) if the petition requests, authorization to sell noncontraband property at public sale or auction and to deposit the proceeds to the appropriate city, county, or state drug forfeiture fund; or

(f) authorization to destroy all items not otherwise provided for.

(2) The order must specify the time period in which destruction or sale must occur. Within 10 days following the destruction or sale, a return must be filed with the court, listing the property destroyed or sold and the date and method of disposition.
Mont. Code Ann. § 46-7-101 — MT Code / Title 46 / Chapter 7 / Part 1 / Section 46-7-101
46-7-101 Appearance of arrested person -- use of two-way electronic audio-video communication
Status: in_force

46-7-101 . Appearance of arrested person -- use of two-way electronic audio-video communication. (1) A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.

(2) A defendant's initial appearance before a judge may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court 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 and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearance hearing.
Mont. Code Ann. § 46-18-902 — MT Code / Title 46 / Chapter 18 / Part 9 / Section 46-18-902
46-18-902 Interested judge not to act
Status: in_force

46-18-902 . Interested judge not to act. A judge may not sit or act on a review of a sentence that was imposed by the judge. In any case in which review of a sentence imposed by any of the judges serving on the review division is to be acted on by the division or if any member is unavailable to serve, the chief justice of the supreme court of Montana may designate another judge to act in place of the judge.
Mont. Code Ann. § 46-15-101 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-101
46-15-101 Subpoenas
Status: in_force

46-15-101 . Subpoenas. (1) After the filing of charges and upon the request of the prosecuting attorney, the defendant, or the defendant's attorney, the clerk of the court shall issue subpoenas with the name of the person to whom each subpoena is directed, commanding the person to appear and to give testimony. The court shall maintain a list of the names of the persons to whom subpoenas are issued.

(2) A subpoena must state the name of the court and the title, if any, of the proceeding and must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The time and place may be modified by mutual written agreement of the parties or by an amended subpoena issued by the clerk of the court.

(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.

(4) A subpoena remains in effect unless quashed or until judgment, dismissal, or other final determination of the action by the court in which the action was filed or to which the action was transferred.
Mont. Code Ann. § 46-4-410 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-410
46-4-410 Cautionary jury instruction
Status: in_force

46-4-410 . Cautionary jury instruction. If the defendant objects to the introduction of evidence under 46-4-408 and the court finds by a preponderance of the evidence that the statements are admissible, the judge shall, upon motion of the defendant, provide the jury with a cautionary instruction.
Mont. Code Ann. § 46-23-511 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-511
46-23-511 Immunity from suit
Status: in_force

46-23-511 . Immunity from suit. A state or local governmental entity, a private entity, or an officer or employee of an entity is not liable in negligence, except gross negligence or willful or wanton misconduct, for damages arising from a good faith discretionary release or dissemination of or good faith failure to release or disseminate information under this part.
Mont. Code Ann. § 46-20-301 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-301
46-20-301 Superseded
Status: in_force

46-20-301 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-15-320 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-320
46-15-320 Interview of child under age 16
Status: in_force

46-15-320 . Interview of child under age 16. (1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-508 , or 45-5-625 , or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.

(2) Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.
Mont. Code Ann. § 46-4-113 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-113
46-4-113 Examinations and tests
Status: in_force

46-4-113 . Examinations and tests. The coroner may direct a properly qualified expert to conduct any test or examination that the coroner reasonably believes is necessary to determine the cause, manner, and circumstances of a death or to identify a dead human body. The coroner may also require examination by the next of kin or any other person when necessary to identify a dead human body.
Mont. Code Ann. § 46-18-309 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-309
46-18-309 Transmission of transcript and record of trial
Status: in_force

46-18-309 . Transmission of transcript and record of trial. The clerk of the trial court, within 10 days after receiving the transcript, shall transmit the entire record and transcript to the supreme court.
Mont. Code Ann. § 46-11-503 — MT Code / Title 46 / Chapter 11 / Part 5 / Section 46-11-503
46-11-503 Prosecution based on same transaction barred by former prosecution
Status: in_force

46-11-503 . Prosecution based on same transaction barred by former prosecution. (1) When two or more offenses are known to the prosecutor, are supported by probable cause, and are consummated prior to the original charge and jurisdiction and venue of the offenses lie in a single court, a prosecution is barred if:

(a) the former prosecution resulted in an acquittal. There is an acquittal whenever the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense that is subsequently set aside is an acquittal of the greater offense that was charged.

(b) the former prosecution resulted in a conviction that has not been set aside, reversed, or vacated;

(c) after a charge had been filed, the prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated; or

(d) the former prosecution was terminated for reasons not amounting to an acquittal and takes place:

(i) in a jury trial, when the jury is impaneled and sworn; or

(ii) in a nonjury trial, after the first witness is sworn but before a judgment as to guilt or innocence is reached.

(2) A prosecution based upon the same transaction as a former prosecution is not barred under subsection (1)(d) when:

(a) the defendant consents to the termination or waives the right to object to the termination; or

(b) the trial court finds that the termination is necessary because:

(i) it is physically impossible to proceed with the trial in conformity with law;

(ii) there is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law;

(iii) prejudicial conduct makes it impossible to proceed with the trial without manifest injustice to either the defendant or the state;

(iv) the jury is unable to agree upon a verdict; or

(v) false statements of a juror on voir dire prevent a fair trial.
Mont. Code Ann. § 46-23-1003 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1003
46-23-1003 Qualifications of probation and parole officers
Status: in_force

46-23-1003 . Qualifications of probation and parole officers. (1) (a) Probation and parole officers must have at least a college degree and some formal training in behavioral sciences. Exceptions to this rule must be approved by the department. Related work experience in the areas listed in subsection (1)(b) may be substituted for educational requirements at the rate of 1 year of experience for 9 months formal education if approved by the department. All present employees are exempt from this requirement but are encouraged to further their education at the earliest opportunity.

(b) Work experience that may be substituted for the educational requirements in subsection (1)(a) includes experience in the areas of criminology, education, medicine, psychiatry, psychology, law, law enforcement, social work, sociology, psychiatric nursing, or guidance and counseling.

(2) Each probation and parole officer shall, through a source approved by the officer's employer, obtain 16 hours a year of training in subjects relating to the powers and duties of probation officers, at least 1 hour of which must include training on serious mental illness and recovery from serious mental illness. In addition, each probation and parole officer must receive training in accordance with standards adopted by the Montana public safety officer standards and training council established in 2-15-2029 . The training must be at the Montana law enforcement academy unless the council finds that training at some other place is more appropriate.
Mont. Code Ann. § 46-22-101 — MT Code / Title 46 / Chapter 22 / Part 1 / Section 46-22-101
46-22-101 Applicability of writ of habeas corpus
Status: in_force

46-22-101 . Applicability of writ of habeas corpus. (1) Except as provided in subsection (2), every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint.

(2) The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal. The relief under this chapter is not available to attack the legality of an order revoking a suspended or deferred sentence.
Mont. Code Ann. § 46-5-309 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-309
46-5-309 Applicability of other statutes
Status: in_force

46-5-309 . Applicability of other statutes. The provisions of Title 70, chapter 9, relating to the disposition of unclaimed or abandoned property, do not apply to actions filed pursuant to 46-5-306 through 46-5-309 .
Mont. Code Ann. § 46-23-1014 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1014
46-23-1014 When probationer considered a fugitive
Status: in_force

46-23-1014 . When probationer considered a fugitive. A probationer or defendant under suspension of sentence for whose return a warrant has been issued by the court shall after the issuance of the warrant, if it is found that such warrant cannot be served, be deemed a fugitive from or to have fled from justice.
Mont. Code Ann. § 46-11-316 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-316
46-11-316 Recorded proceedings
Status: in_force

46-11-316 . Recorded proceedings. (1) The grand jury shall either appoint a stenographer to take in shorthand the testimony of witnesses or the testimony must be taken by a recording device, but the record so made must include the testimony of all witnesses on that particular investigation.

(2) The stenographic reporter or operator of a recording device shall, within 30 days after an indictment has been found, certify and file with the clerk of the district court the shorthand notes or the recordings made and an original transcript of the notes or recordings.

(3) An unintentional failure of any recording to reproduce all or any portion of a proceeding may not affect the validity of the prosecution.
Mont. Code Ann. § 46-14-313 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-313
46-14-313 Discharge of defendant from supervision
Status: in_force

46-14-313 . Discharge of defendant from supervision. At the expiration of the period of commitment or period of treatment specified by the court under 46-14-312 , the defendant must be discharged from custody and further supervision, subject only to the law regarding the civil commitment of persons suffering from serious mental illness.
Mont. Code Ann. § 46-22-203 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-203
46-22-203 Writ granted without delay
Status: in_force

46-22-203 . Writ granted without delay. Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.
Mont. Code Ann. § 46-18-304 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-304
46-18-304 Mitigating circumstances
Status: in_force

46-18-304 . Mitigating circumstances. (1) Mitigating circumstances are any of the following:

(a) The defendant has no significant history of prior criminal activity.

(b) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.

(c) The defendant acted under extreme duress or under the substantial domination of another person.

(d) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.

(e) The victim was a participant in the defendant's conduct or consented to the act.

(f) The defendant was an accomplice in an offense committed by another person, and the defendant's participation was relatively minor.

(g) The defendant, at the time of the commission of the crime, was less than 18 years of age.

(2) The court may consider any other fact that exists in mitigation of the penalty.
Mont. Code Ann. § 46-23-1040 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1040
46-23-1040 Policy -- housing options after release
Status: in_force

46-23-1040 . Policy -- housing options after release. (1) It is the policy of the state of Montana that individuals released from the Montana state prison or community corrections programs be afforded every reasonable opportunity to obtain permanent housing in order to increase the likelihood that the individuals will succeed in:

(a) finding employment;

(b) establishing ties to the community; and

(c) avoiding recidivism and a return to prison or other corrections programs.

(2) In order to accomplish the purposes of this section, the department shall:

(a) coordinate with local governments and local agencies to identify all available housing options within a community;

(b) encourage efforts to increase available housing options; and

(c) identify for each individual leaving the corrections system the community resources available to the individual to assist with housing needs.