Mont. Code Ann. § 46-12-204 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-204
46-12-204 Plea alternatives
Status: in_force

46-12-204 . Plea alternatives. (1) A defendant may plead guilty, not guilty, or, with the consent of the court and the prosecutor, nolo contendere. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

(2) The court may not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary and not the result of force or threats or of promises apart from the plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecutor and the defendant or the defendant's attorney.

(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty or nolo contendere, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the defendant must be allowed to withdraw the plea.

(4) The court may not accept a plea of nolo contendere in a case involving a sexual offense, as defined in 46-23-502 , except an offense under 45-5-301 through 45-5-303 .
Mont. Code Ann. § 46-18-255 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-255
46-18-255 Sentence on conviction -- restriction on employment and residency
Status: in_force

46-18-255 . Sentence on conviction -- restriction on employment and residency. (1) A judge sentencing a person convicted of a sexual or violent offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant.

(2) In addition to any restriction on employment imposed under subsection (1), a judge sentencing a person convicted of a sexual offense involving a minor and designated as a level 3 offender under 46-23-509 shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant restrictions on the defendant's residency in the proximity of a private or public elementary or high school, preschool as defined in 20-5-402 , licensed day-care center, church, or park maintained by a city, town, or county.

(3) If requested by a victim of a sexual offense committed by the defendant, or if requested by an immediate family member of the victim, the judge sentencing a person convicted of a sexual offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant a restriction prohibiting the defendant from directly or indirectly contacting the victim or the immediate family member of the victim. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.

(4) Restrictions imposed pursuant to this section must be compatible with the restrictions provided for in 45-5-513 .
Mont. Code Ann. § 46-16-410 — MT Code / Title 46 / Chapter 16 / Part 4 / Section 46-16-410
46-16-410 Settlement of jury instructions
Status: in_force

46-16-410 . Settlement of jury instructions. (1) Any party may request special jury instructions. All requests for instructions must conform to the Uniform District Court Rules, and all instructions must be settled by the court out of the presence of the jury.

(2) A record must be made at the settlement of instructions.

(3) A party may not assign as error any portion of the instructions or omission from the instructions unless an objection was made specifically stating the matter objected to, and the grounds for the objection, at the settlement of instructions.

(4) The presence of the defendant is not required during the settlement of instructions.
Mont. Code Ann. § 46-32-103 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-103
46-32-103 Terminated
Status: in_force

46-32-103 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-12-212 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-212
46-12-212 Determining accuracy of plea
Status: in_force

46-12-212 . Determining accuracy of plea. (1) The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.

(2) A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant's best interest and the court determines that there is a factual basis for the plea.
Mont. Code Ann. § 46-18-1006 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1006
46-18-1006 Home arrest -- list of offenders
Status: in_force

46-18-1006 . Home arrest -- list of offenders. At least once every 30 days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home arrest in their jurisdictions. This list must include the following information:

(1) the offender's place of home arrest;

(2) the offense for which the offender was charged, convicted, or otherwise placed under home arrest;

(3) the date that the sentence of home arrest will be completed; and

(4) the name, address, and phone number of the officer of the supervising authority for the offender.
Mont. Code Ann. § 46-23-507 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-507
46-23-507 Penalty
Status: in_force

46-23-507 . Penalty. (1) A sexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more than $10,000, or both.

(2) (a) Violent offenders who were convicted of failing to register, verify registration, or keep registration current under this part after having successfully registered for 10 years and whose conviction occurred before October 1, 2021, must have their conviction vacated.

(b) Within 1 year from October 1, 2021, the department of justice shall provide notice to the appropriate district court for each conviction described in subsection (2)(a).

(c) Upon receiving notification from the department of justice, the district court shall, on its own motion, vacate the offender's conviction for failing to register, verify registration, or keep registration current.

(3) When the court vacates a conviction under this section, the court shall:

(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice; and

(b) order the expungement of all records of arrest, investigation, and detention, and any court proceedings that may have been held by the court, the investigating law enforcement agency, or the department of justice related to the conviction.

(4) The prosecutor and the department of justice shall inform the person whose conviction has been vacated under this section that the conviction is vacated.
Mont. Code Ann. § 46-18-1107 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1107
46-18-1107 When expungement presumed
Status: in_force

46-18-1107 . When expungement presumed. Expungement is presumed if the person requesting expungement is not currently being detained for the commission of an offense, is not charged with the commission of an offense, and does not have charges pending for the commission of a new offense, as verified by the prosecution office responsible for a conviction for which expungement is being requested, and:

(1) the person has not been convicted of any offense in this state, another state, or federal court for a period of 5 years since the person completed the sentencing terms for the offense or offenses for which expungement is being requested, including payment of any financial obligations or successful completion of court-ordered treatment; or

(2) the person has applied to a United States military academy, has applied to enlist in the armed forces or national guard, or is currently serving in the armed forces or national guard and is being held back in any way from enlisting or holding a certain position due to prior conviction.
Mont. Code Ann. § 46-2-202 — MT Code / Title 46 / Chapter 2 / Part 2 / Section 46-2-202
46-2-202 Jurisdiction of justices' courts
Status: in_force

46-2-202 . Jurisdiction of justices' courts. The justices' courts have criminal jurisdiction as authorized by 3-10-303 .
Mont. Code Ann. § 46-20-201 — MT Code / Title 46 / Chapter 20 / Part 2 / Section 46-20-201
46-20-201 Superseded
Status: in_force

46-20-201 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-19-201 — MT Code / Title 46 / Chapter 19 / Part 2 / Section 46-19-201
46-19-201 When and how mental fitness of defendant determined
Status: in_force

46-19-201 . When and how mental fitness of defendant determined. If after judgment of death there is good reason to suppose that the defendant lacks mental fitness, the mental fitness of the defendant will be determined in accordance with the provisions of chapter 14 of this title.
Mont. Code Ann. § 46-5-225 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-225
46-5-225 When warrant may be served
Status: in_force

46-5-225 . When warrant may be served. The warrant may be served at any time of the day or night. The warrant must be served within 10 days from the time of issuance. Any warrant not served within 10 days is void and must be returned to the court or the judge issuing the warrant and identified as "not served".
Mont. Code Ann. § 46-17-404 — MT Code / Title 46 / Chapter 17 / Part 4 / Section 46-17-404
46-17-404 Appeals
Status: in_force

46-17-404 . Appeals. (1) A party may appeal to district court from a judgment of municipal court.

(2) Appeal from a municipal court may be limited by requiring by ordinance that a minimum amount in controversy, not to exceed $200, be met before the district court has jurisdiction to hear the appeal, except:

(a) if the judgment of the municipal court includes incarceration, no minimum amount in controversy may be required for appeal; and

(b) upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
Mont. Code Ann. § 46-1-1102 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1102
46-1-1102 Purpose
Status: in_force

46-1-1102 . Purpose. The purpose of this part is to recognize that state courts have a jurisdictional basis to implement drug treatment courts to reduce recidivism and restore drug offenders to being productive, law-abiding, and taxpaying citizens.
Mont. Code Ann. § 46-4-206 — MT Code / Title 46 / Chapter 4 / Part 2 / Section 46-4-206
46-4-206 Recording and filing of testimony and proceedings
Status: in_force

46-4-206 . Recording and filing of testimony and proceedings. Testimony before a coroner's jury must be given under oath. The testimony of the witnesses examined and proceedings before the coroner's jury must be recorded and transcribed by a competent stenographer appointed by the coroner. The record of the inquest and the verdict of the jury must be filed by the coroner in the office of the clerk of the district court of the county in which the inquest was held. The expenses of recording and transcribing must be paid by the county upon claims duly rendered and certified to by the coroner in the same manner as other claims against the county are paid.
Mont. Code Ann. § 46-5-306 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-306
46-5-306 Purpose
Status: in_force

46-5-306 . Purpose. The purpose of 46-5-306 through 46-5-309 is to provide a procedure by which physical evidence in criminal cases may be destroyed or appropriated for law enforcement use when prosecutions have been completed and no further legal proceeding is contemplated or when it does not appear that criminal charges will be initiated.
Mont. Code Ann. § 46-14-102 — MT Code / Title 46 / Chapter 14 / Part 1 / Section 46-14-102
46-14-102 Evidence of mental disease or disorder or developmental disability admissible to prove state of mind
Status: in_force

46-14-102 . Evidence of mental disease or disorder or developmental disability admissible to prove state of mind. Evidence that the defendant suffered from a mental disease or disorder or developmental disability is admissible to prove that the defendant did or did not have a state of mind that is an element of the offense.
Mont. Code Ann. § 46-20-101 — MT Code / Title 46 / Chapter 20 / Part 1 / Section 46-20-101
46-20-101 Single method of review in criminal cases
Status: in_force

46-20-101 . Single method of review in criminal cases. (1) This chapter shall govern review in all criminal cases.

(2) All existing methods of review in criminal cases in the state are abolished. After January 1, 1968, the only method of review in criminal cases shall be by notice of appeal.
Mont. Code Ann. § 46-1-1114 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1114
46-1-1114 Enforcement
Status: in_force

46-1-1114 . Enforcement. A violation of this part must be referred to the appropriate court or other responsible governing body for resolution.
Mont. Code Ann. § 46-20-317 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-317
46-20-317 Superseded
Status: in_force

46-20-317 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-13-202 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-202
46-13-202 Motion for continuance
Status: in_force

46-13-202 . Motion for continuance. (1) The defendant or the prosecutor may move for a continuance. If the motion is made more than 30 days after arraignment or at any time after trial has begun, the court may require that it be supported by affidavit.

(2) The court may upon the motion of either party or upon the court's own motion order a continuance if the interests of justice so require.

(3) All motions for continuance are addressed to the discretion of the trial court and must be considered in the light of the diligence shown on the part of the movant. This section must be construed to the end that criminal cases are tried with due diligence consonant with the rights of the defendant and the prosecution to a speedy trial.
Mont. Code Ann. § 46-13-302 — MT Code / Title 46 / Chapter 13 / Part 3 / Section 46-13-302
46-13-302 Suppression of evidence
Status: in_force

46-13-302 . Suppression of evidence. (1) A defendant aggrieved by an unlawful search and seizure may move the court to suppress as evidence anything obtained by the unlawful search and seizure.

(2) If the motion states facts that, if true, would show that the evidence should be suppressed, the court shall hear the merits of the motion at the omnibus hearing or at a later date if the court orders.

(3) If the motion is granted, the evidence is not admissible at trial.
Mont. Code Ann. § 46-18-301 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-301
46-18-301 Hearing on imposition of death penalty
Status: in_force

46-18-301 . Hearing on imposition of death penalty. (1) When a defendant is found guilty of or pleads guilty to an offense for which the sentence of death may be imposed, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the circumstances set forth in 46-18-303 and 46-18-304 for the purpose of determining the sentence to be imposed. The hearing must be conducted before the court alone.

(2) (a) Subject to subsection (2)(b), the sentence must be pronounced and judgment rendered within 120 days after the defendant is found guilty or pleads guilty or within 120 days after the Montana supreme court enters a final decision on appeal.

(b) The district court may allow not more than one extension of up to 60 days after entering findings of fact that the extension is necessary to prevent undue hardship to a party.
Mont. Code Ann. § 46-20-501 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-501
46-20-501 Superseded
Status: in_force

46-20-501 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-4-114 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-114
46-4-114 Reporting fetal deaths
Status: in_force

46-4-114 . Reporting fetal deaths. A licensed nurse, a midwife, a physician assistant, an emergency care provider, a birthing assistant, or any other person who assists in the delivery that occurs outside a licensed medical facility of a fetus that is believed or declared to be dead shall report the death by the earliest means available to the coroner of the county in which the death occurred.
Mont. Code Ann. § 46-4-502 — MT Code / Title 46 / Chapter 4 / Part 5 / Section 46-4-502
46-4-502 Lineup procedure
Status: in_force

46-4-502 . Lineup procedure. A lineup conducted by a law enforcement agency of this state or any political subdivision must meet the following requirements:

(1) The peace officer who is the administrator of a live or photographic lineup must be unaware of which person in the lineup is the suspected perpetrator of the crime under investigation or, if that is not practicable, the administrator shall use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness.

(2) Before the lineup is administered, the eyewitness must be instructed that the suspected perpetrator may or may not be in the lineup.

(3) Any person who is not the suspected perpetrator in the lineup must be substantially similar to the eyewitness's description of the suspected perpetrator.

(4) Immediately after an identification is made, the eyewitness shall provide a statement in the eyewitness's own words that articulates the level of the eyewitness's confidence in the identification.

(5) A failure to comply with any of the requirements of this section must be:

(a) considered by a court in adjudicating a motion to suppress eyewitness identification; and

(b) admissible in support of a claim of eyewitness misidentification if the evidence is otherwise admissible.
Mont. Code Ann. § 46-6-201 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-201
46-6-201 Issuance of arrest warrant upon complaint
Status: in_force

46-6-201 . Issuance of arrest warrant upon complaint. If it appears from the contents of the complaint and the examination of the complainant and from the examination of other witnesses or affidavits, if any, that there is probable cause to believe that the person against whom the complaint was made has committed an offense, a warrant shall be issued by the court for the arrest of the person complained against. The court, in its discretion, may issue a summons instead of a warrant. Upon the request of the prosecutor, the court shall issue a summons instead of a warrant. More than one warrant or summons may issue on the same complaint.
Mont. Code Ann. § 46-16-604 — MT Code / Title 46 / Chapter 16 / Part 6 / Section 46-16-604
46-16-604 Poll of jury
Status: in_force

46-16-604 . Poll of jury. When a verdict is returned, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or may be discharged.
Mont. Code Ann. § 46-18-1102 — MT Code / Title 46 / Chapter 18 / Part 11 / Section 46-18-1102
46-18-1102 Short title
Status: in_force

46-18-1102 . Short title. This part may be cited as the "Misdemeanor Expungement Clarification Act".
Mont. Code Ann. § 46-21-102 — MT Code / Title 46 / Chapter 21 / Part 1 / Section 46-21-102
46-21-102 When petition may be filed
Status: in_force

46-21-102 . When petition may be filed. (1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final. A conviction becomes final for purposes of this chapter:

(a) when the time for appeal to the Montana supreme court expires;

(b) if an appeal is taken to the Montana supreme court, when the time for petitioning the United States supreme court for review expires; or

(c) if review is sought in the United States supreme court, on the date that that court issues its final order in the case.

(2) A claim that alleges the existence of newly discovered evidence that, if proved and viewed in light of the evidence as a whole would establish that the petitioner did not engage in the criminal conduct for which the petitioner was convicted, may be raised in a petition filed within 1 year of the date on which the conviction becomes final or the date on which the petitioner discovers, or reasonably should have discovered, the existence of the evidence, whichever is later.
Mont. Code Ann. § 46-20-314 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-314
46-20-314 Superseded
Status: in_force

46-20-314 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-23-110 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-110
46-23-110 Records -- dissemination
Status: in_force

46-23-110 . Records -- dissemination. (1) (a) The department and the board shall keep a record of the board's acts and decisions. Citizens may inspect and make copies of the public records of the board, as provided in 2-6-1003 , 2-6-1006 , 2-6-1007 , and this section.

(b) (i) Except as provided in subsections (1)(b)(ii) and (1)(b)(iii), the board shall video-record and audio-record all hearings conducted under part 2 or part 3 of this chapter or 46-23-1025 .

(ii) If an inmate who is scheduled for a parole hearing is serving a Montana sentence in an out-of-state correctional facility and the board's video recording system is incompatible with the out-of-state facility's system, making it impossible to video-record the inmate, the board shall nevertheless create a dual audio-video recording of the parole hearing in which the board panel can be seen and heard and the subject inmate can hear the panel and be heard by the panel.

(iii) If due to equipment failure a video recording of a scheduled parole hearing cannot be made, the board panel shall give the inmate an option to stipulate to an audio-only recording of the hearing in lieu of postponing the hearing until a later date after the video recording equipment failure is rectified. The stipulation and the hearing must be audio-recorded in that circumstance.

(c) Except as provided in subsection (2), the board shall make video recordings publicly available. A recording is publicly available if it is available for review at the board's offices during normal business days and hours and upon reasonable advance notice.

(d) A member of the public may obtain a duplicate of a recording if the duplicate can be made using technology and equipment in use by the board at the time the request is made. The board may charge the actual costs of duplicating the recording, including the staff time required to produce a duplicate.

(e) A recording or transcript may not personally identify the victim without the victim's written consent.

(2) Records and materials that are constitutionally protected from disclosure are not subject to disclosure under the provisions of subsection (1). Information that is constitutionally protected from disclosure is information in which there is an individual privacy or safety interest that clearly exceeds the merits of public disclosure.

(3) Upon a request to inspect or copy records of the board's acts and decisions, the board or a board staff member shall review the record requested and determine whether any document in the file or any content in a video recording is subject to a personal privacy or safety interest that clearly exceeds the merits of public disclosure.

(4) The board may assert the privacy or safety interest and may withhold a document or redact content of a video recording if the board determines that the demand for individual privacy clearly exceeds the merits of public disclosure or if the document's or recording's contents would compromise the safety, order, or security of a facility or the safety of facility personnel, a member of the public, or an inmate of the facility if disclosed.

(5) The board may not withhold from public scrutiny under subsections (2) through (4) any more information than is required to protect an individual privacy interest or a safety interest.

(6) The board may charge a reasonable fee for copying and inspecting records.

(7) The board may limit the time and place that the records may be inspected or copied.
Mont. Code Ann. § 46-5-226 — MT Code / Title 46 / Chapter 5 / Part 2 / Section 46-5-226
46-5-226 Service of search warrant
Status: in_force

46-5-226 . Service of search warrant. A search warrant must in all cases be served by the peace officer specifically named and by no other person except in aid of the officer when the officer is present and acting in its service.
Mont. Code Ann. § 46-23-111 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-111
46-23-111 Compensation of board members
Status: in_force

46-23-111 . Compensation of board members. (1) Board members must be paid a salary within the occupational wage range for the occupation designated by the department of administration as provided in subsection (2). Board members must receive longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18, and must receive pay adjustments consistent with those required by the legislature for state employees in 2-18-303 and 2-18-304 .

(2) The department of administration shall determine the appropriate occupation for the board members in the same manner that it determines the occupation for employees in state government pursuant to Title 2, chapter 18.

(3) The governor shall set the salary of the board members within the occupational wage range established by the department of administration.
Mont. Code Ann. § 46-30-404 — MT Code / Title 46 / Chapter 30 / Part 4 / Section 46-30-404
46-30-404 Immunity from service of civil process
Status: in_force

46-30-404 . Immunity from service of civil process. A person brought into this state on or after waiver of extradition based on a criminal charge is not subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding that the person is being or has been returned to answer until the person has been convicted in the criminal proceedings or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.
Mont. Code Ann. § 46-1-506 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-506
46-1-506 Right to speedy trial
Status: in_force

46-1-506 . Right to speedy trial. Time spent in mediation may not be counted in determining whether a defendant's right to a speedy trial has been violated.
Mont. Code Ann. § 46-24-106 — MT Code / Title 46 / Chapter 24 / Part 1 / Section 46-24-106
46-24-106 Crime victims -- family members -- right to attend proceedings -- exceptions -- right to receive documents -- rights during interview
Status: in_force

46-24-106 . Crime victims -- family members -- right to attend proceedings -- exceptions -- right to receive documents -- rights during interview. (1) Except as provided in subsection (2), a victim of a criminal offense has the right to be present during any trial or hearing conducted by a court that pertains to the offense, including a court proceeding conducted under Title 41, chapter 5. A victim of a criminal offense may not be excluded from any trial or hearing based solely on the fact that the victim has been subpoenaed or required to testify as a witness in the trial or hearing.

(2) A judge may exclude a victim of a criminal offense from:

(a) a trial or hearing upon the finding of specific facts supporting exclusion or for disruptive behavior; or

(b) a portion of a proceeding under Title 41, chapter 5, that deals with sensitive personal matters of a youth or a youth's family and that does not directly relate to the act or alleged act committed against the victim.

(3) If a victim is excluded from a trial or hearing upon the finding of specific facts supporting exclusion, the victim must be allowed to address the court on the issue of exclusion prior to the findings.

(4) A family member of a victim may not be excluded from a trial or hearing based solely on the fact that the family member is subpoenaed or required to testify as a witness in the trial or hearing unless there is a showing that the family member can give relevant testimony as to the guilt or innocence of the defendant or that the defendant's right to a fair trial would be jeopardized if the family member is not excluded.

(5) As used in this section, "victim" means:

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

(i) the commission of an offense;

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

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

(b) a member of the immediate family of a homicide victim.

(6) (a) Except as provided in subsection (6)(c), a victim of a criminal offense has the right to receive, upon request and at no cost to the victim, one copy of all public documents filed in the court file.

(b) If the victim is under 18 years of age, copies provided under subsection (6)(a) must be provided to the victim's parent or guardian instead of to the minor victim.

(c) Subsection (6)(a) does not apply to:

(i) trial transcripts;

(ii) trial exhibits;

(iii) court proceedings conducted under Title 41, chapter 5; or

(iv) documents the prosecutor determines would adversely affect the prosecution if released.

(7) A victim of a criminal offense has the right, upon request, to have a victim advocate present when the victim is interviewed about the offense.
Mont. Code Ann. § 46-18-303 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-303
46-18-303 Aggravating circumstances
Status: in_force

46-18-303 . Aggravating circumstances. Aggravating circumstances are any of the following:

(1) (a) The offense was deliberate homicide and was committed:

(i) by an offender while in official detention, as defined in 45-2-101 ;

(ii) by an offender who had been previously convicted of another deliberate homicide;

(iii) by means of torture;

(iv) by an offender lying in wait or ambush;

(v) as a part of a scheme or operation that, if completed, would result in the death of more than one person; or

(vi) by an offender during the course of committing sexual assault, sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was less than 18 years of age.

(b) The offense was deliberate homicide, as defined in 45-5-102 (1)(a), and the victim was a peace officer killed while performing the officer's duty.

(2) The offense was aggravated kidnapping that resulted in the death of the victim or the death by direct action of the offender of a person who rescued or attempted to rescue the victim.

(3) The offense was attempted deliberate homicide, aggravated assault, or aggravated kidnapping committed while in official detention, as defined in 45-2-101 , by an offender who has been previously:

(a) convicted of the offense of deliberate homicide; or

(b) found to be a persistent felony offender pursuant to part 5 of this chapter, and one of the convictions was for an offense against the person in violation of Title 45, chapter 5, for which the minimum prison term is not less than 2 years.

(4) The offense was sexual intercourse without consent, the offender has a previous conviction of sexual intercourse without consent in this state or of an offense under the laws of another state or of the United States that if committed in this state would be the offense of sexual intercourse without consent, and the offender inflicted serious bodily injury upon a person in the course of committing each offense.
Mont. Code Ann. § 46-1-1112 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1112
46-1-1112 Funding
Status: in_force

46-1-1112 . Funding. (1) There is a drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator. Any federal money received for funding drug treatment courts must be deposited in the drug treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the drug treatment court federal resources account.

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

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

(4) This part does not prohibit drug treatment court teams from obtaining supplemental funds.

(5) This part does not supplant funds currently utilized by drug treatment courts.
Mont. Code Ann. § 46-16-104 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-104
46-16-104 Plea of not guilty
Status: in_force

46-16-104 . Plea of not guilty. The plea of not guilty puts in issue every material allegation of the indictment, information, or complaint.
Mont. Code Ann. § 46-18-221 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-221
46-18-221 Additional sentence for offenses committed with dangerous weapon
Status: in_force

46-18-221 . Additional sentence for offenses committed with dangerous weapon. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222 .

(2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222 . For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:

(a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and

(b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332 (1), or other dangerous weapon.

(3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222 .

(4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.
Mont. Code Ann. § 46-31-102 — MT Code / Title 46 / Chapter 31 / Part 1 / Section 46-31-102
46-31-102 Jurisdiction of district courts
Status: in_force

46-31-102 . Jurisdiction of district courts. The phrase "appropriate court", as used in the agreement on detainers, shall with reference to the courts of this state mean district courts.
Mont. Code Ann. § 46-15-113 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-113
46-15-113 Subpoena of witness in another state to testify in this state
Status: in_force

46-15-113 . Subpoena of witness in another state to testify in this state. (1) Whenever a person in any state that by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation that is commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate must be presented to a judge of a court of record in the county in which the witness is found.

(2) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness's attendance in this state, it is prima facie proof of the desirability of the custody and delivery, and the judge may direct that the witness be brought before the judge immediately. If the judge is satisfied as to the desirability of custody and delivery, the judge may order that the witness be immediately taken into custody and delivered to an officer of this state. The order is sufficient authority for the officer to take the witness into custody and hold the witness unless and until the witness is released by bail, recognizance, or order of the judge issuing the certificate.

(3) A witness who has appeared in accordance with the provisions of the subpoena may not be required to remain within this state for a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court.

(4) If the witness fails without good cause to attend and testify as directed, the witness must be punished in the manner provided for the punishment of any witness who disobeys an order issued from a court of record in this state in accordance with Title 3, chapter 1, part 5, or in accordance with 45-7-309 .
Mont. Code Ann. § 46-20-103 — MT Code / Title 46 / Chapter 20 / Part 1 / Section 46-20-103
46-20-103 Scope of appeal by state
Status: in_force

46-20-103 . Scope of appeal by state. (1) Except as otherwise specifically authorized, the state may not appeal in a criminal case.

(2) The state may appeal from any court order or judgment the substantive effect of which results in:

(a) dismissing a case;

(b) modifying or changing the verdict as provided in 46-16-702 (3)(c);

(c) granting a new trial;

(d) quashing an arrest or search warrant;

(e) suppressing evidence;

(f) suppressing a confession or admission;

(g) granting or denying change of venue; or

(h) imposing a sentence that is contrary to law.
Mont. Code Ann. § 46-9-401 — MT Code / Title 46 / Chapter 9 / Part 4 / Section 46-9-401
46-9-401 Forms of bail
Status: in_force

46-9-401 . Forms of bail. (1) Bail may be furnished in the following ways:

(a) by a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court;

(b) by pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail;

(c) by posting a written undertaking executed by the defendant and by two sufficient sureties;

(d) by posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company; or

(e) by posting an offender's driver's license in lieu of bail if the summons describes a violation of any offense as provided in 61-5-214 and if the offender is the holder of an unexpired driver's license.

(2) The amount of the bond must ensure the appearance of the defendant at all times required through all stages of the proceeding including trial de novo, if any, and unless the bond is denied by the court pursuant to 46-9-107 , must remain in effect until final sentence is pronounced in open court.

(3) Whenever a driver's license is accepted in lieu of bail, the judge shall return the driver's license to the defendant:

(a) after the required bail has been posted or there has been a final determination of the charge; and

(b) if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.
Mont. Code Ann. § 46-6-420 — MT Code / Title 46 / Chapter 6 / Part 4 / Section 46-6-420
46-6-420 Arrest, citation, or stop quotas prohibited
Status: in_force

46-6-420 . Arrest, citation, or stop quotas prohibited. (1) A state or local government agency employing a peace officer may not adopt and require a peace officer to comply with a quota and may not suggest a quota for arrests, citations, or investigative stops for any criminal offense or class of criminal offenses, including violations of traffic or motor vehicle laws, contained in state law, an administrative rule adopted by an agency of the state government, or a local government ordinance.

(2) For purposes of this section, "quota" means a specific number of arrests, citations, or investigative stops.
Mont. Code Ann. § 46-2-201 — MT Code / Title 46 / Chapter 2 / Part 2 / Section 46-2-201
46-2-201 Jurisdiction of the district court
Status: in_force

46-2-201 . Jurisdiction of the district court. The district courts have jurisdiction of all public offenses not otherwise provided for.
Mont. Code Ann. § 46-11-102 — MT Code / Title 46 / Chapter 11 / Part 1 / Section 46-11-102
46-11-102 Required methods
Status: in_force

46-11-102 . Required methods. (1) All prosecutions of offenses charged in a district court must be by indictment or information.

(2) All other prosecutions of offenses must be by complaint.
Mont. Code Ann. § 46-20-402 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-402
46-20-402 Superseded
Status: in_force

46-20-402 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-30-302 — MT Code / Title 46 / Chapter 30 / Part 3 / Section 46-30-302
46-30-302 Commitment to await requisition
Status: in_force

46-30-302 . Commitment to await requisition. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under 46-30-204 , that the person has fled from justice, the judge or magistrate shall by a warrant reciting the accusation commit the person to the county jail for a time specified in the warrant not exceeding 30 days that will enable the arrest of the accused to be made under a governor's warrant of arrest and rendition issued in this state on a requisition of the executive authority of the requisitioning state having jurisdiction of the offense unless the accused posts bail as provided in 46-30-303 or until the accused is legally discharged.
Mont. Code Ann. § 46-5-605 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-605
46-5-605 Notice -- delayed notice
Status: in_force

46-5-605 . Notice -- delayed notice. (1) At or before the time that a governmental entity receives the contents of an electronic communication of a subscriber or customer from a provider of an electronic communication service pursuant to 46-5-602 , the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena:

(a) a copy of the warrant or investigative subpoena; and

(b) notice that informs the subscriber or customer:

(i) of the nature of the government inquiry with reasonable specificity;

(ii) that information maintained for the subscriber or customer by the provider of the electronic communication service named in the process or request was supplied to or requested by the governmental entity; and

(iii) of the date on which the warrant or investigative subpoena was served on the provider.

(2) (a) A governmental entity that is seeking a warrant or investigative subpoena under 46-5-602 may include in the application for the warrant or investigative subpoena a request for an order delaying the notification required under subsection (1) of this section for a period of not more than 1 year.

(b) A governmental entity that is obtaining the contents of an electronic communication may apply to a court for an order directing the provider of an electronic communication service to which a warrant or investigative subpoena under 46-5-602 is directed not to notify any other person of the existence of the warrant or investigative subpoena for a period of not more than 1 year.

(c) A court shall grant a request for delayed notification made under subsection (2)(a) or (2)(b) if the court determines that there is reason to believe that notification of the existence of the warrant or investigative subpoena may result in:

(i) endangering the life or physical safety of an individual;

(ii) flight from prosecution;

(iii) destruction or tampering with evidence;

(iv) intimidation of potential witnesses; or

(v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(d) Upon request by a governmental entity, a court may grant one or more extensions of the delay of notification granted under subsection (2)(c) of not more than 180 days each.

(e) Upon expiration of the period of delay under subsection (2)(c) or (2)(d), the governmental entity shall serve upon or deliver to the subscriber or customer by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant or investigative subpoena, a notice that:

(i) includes the information referred to in subsection (1); and

(ii) informs the subscriber or customer:

(A) that notification of the subscriber or customer was delayed;

(B) of the identity of the court authorizing the delay; and

(C) of the provision of subsection (2)(c) under which the delay was authorized.

(3) (a) A warrant or investigative subpoena under 46-5-602 may be served only on a provider of an electronic communication that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state if any part of that contract or agreement is to be performed in this state.

(b) The provider of an electronic communication shall produce all electronic customer data, contents of communications, and other information sought by the governmental entity pursuant to a valid warrant or investigative subpoena.
Mont. Code Ann. § 46-13-211 — MT Code / Title 46 / Chapter 13 / Part 2 / Section 46-13-211
46-13-211 Relief from prejudicial joinder
Status: in_force

46-13-211 . Relief from prejudicial joinder. (1) If it appears that a defendant or the prosecution is prejudiced by a joinder of charges or defendants in an indictment, information, or complaint or by a joinder for trial together, the court may order separate trials, grant a severance of defendants, or provide whatever other relief justice requires.

(2) In ruling on a motion by a defendant for severance, the court may order the prosecutor to deliver to the court for inspection, in camera, any statements or confessions made by the defendants that the prosecution intends to introduce at trial.
Mont. Code Ann. § 46-18-1004 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1004
46-18-1004 Home arrest -- ineligibility
Status: in_force

46-18-1004 . Home arrest -- ineligibility. A person being held under a detainer, warrant, or process issued by some other jurisdiction is not eligible for home arrest. A person convicted of a violent felony offense is not eligible for home arrest. However, this section does not prevent the use of a monitoring device as a part of an intensive supervision program or other program of the department of corrections.
Mont. Code Ann. § 46-10-105 — MT Code / Title 46 / Chapter 10 / Part 1 / Section 46-10-105
46-10-105 Preliminary examination -- when held
Status: in_force

46-10-105 . Preliminary examination -- when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice's court shall, within a reasonable time, hold a preliminary examination unless:

(1) the defendant waives a preliminary examination;

(2) the district court has granted leave to file an information;

(3) an indictment has been returned; or

(4) the case is triable in justice's court.
Mont. Code Ann. § 46-16-229 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-229
46-16-229 Order for two-way electronic audio-video communication testimony -- finding by court -- procedure for conducting testimony
Status: in_force

46-16-229 . Order for two-way electronic audio-video communication testimony -- finding by court -- procedure for conducting testimony. (1) The court shall order that the testimony of a child witness be taken by two-way electronic audio-video communication if, after considering the factors set forth in 46-16-228 (3), the court finds by clear and convincing evidence that the child witness is unable to testify in open court in the presence of the defendant for any of the following reasons:

(a) the child witness is unable to testify because of fear caused by the presence of the defendant;

(b) the child witness would suffer substantial emotional trauma from testifying in the presence of the defendant; or

(c) conduct by the defendant or the defendant's attorney causes the child witness to be unable to continue testifying.

(2) If the court orders that the child witness's testimony be taken by two-way electronic audio-video communication, the testimony must be taken outside the courtroom in a suitable location designated by the judge. Examination and cross-examination of the child witness must proceed as though the child witness were testifying in the courtroom. The only persons who may be permitted in the room with the child witness during the child's testimony are:

(a) the judge or a judicial officer appointed by the court;

(b) the prosecutor;

(c) the defense attorney;

(d) the child's attorney;

(e) persons necessary to operate the two-way electronic audio-video communication equipment; and

(f) any person whose presence is determined by the court to be necessary to the welfare and well-being of the child witness.

(3) The defendant must be afforded a means of private, contemporaneous communication with the defendant's attorney during the testimony.

(4) This section does not preclude the presence of both a victim and the defendant in the courtroom together for purposes of establishing or challenging the identification of the defendant when identification is a legitimate issue in the proceeding.
Mont. Code Ann. § 46-18-237 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-237
46-18-237 Garnishment -- report by supervising authority
Status: in_force

46-18-237 . Garnishment -- report by supervising authority. (1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is entitled to receive money from any source, the person's supervising authority may prepare a report identifying:

(a) the total costs incurred by the state or county during the person's incarceration;

(b) the criminal sentences imposed upon the person, including:

(i) the amount of restitution, if any, ordered in each sentence;

(ii) the name and current address of each victim or other person to whom restitution is owed;

(iii) the amount of restitution paid by the person; and

(iv) the amount of restitution currently owed by the person for each sentence;

(c) the amount of any child support owed by the person.

(2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person.

(3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.
Mont. Code Ann. § 46-22-205 — MT Code / Title 46 / Chapter 22 / Part 2 / Section 46-22-205
46-22-205 Form of writ
Status: in_force

46-22-205 . Form of writ. (1) The writ of habeas corpus must be directed to the person having custody of or restraining the person on whose behalf the application is made and must command that person to have the petitioner before the judge before whom the writ is returnable at a time and place specified.

(2) The issue or issues to be determined upon return of the writ may be stated either in the writ or in an order attached to the writ. If the issues to be determined are not stated in the writ or in an attached order, then a copy of the petition must be attached to the writ.
Mont. Code Ann. § 46-24-218 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-218
46-24-218 Identity theft report -- process -- investigation
Status: in_force

46-24-218 . Identity theft report -- process -- investigation. (1) A law enforcement agency that receives a report of identity theft, as described in 45-6-332 , from a victim of identity theft shall request two forms of identification sufficient to determine the identity of the victim. The forms of identification may include but are not limited to:

(a) a driver's license or other current, valid photo identification card, including but not limited to a school district or postsecondary education photo identification or a tribal photo identification that shows the individual's name;

(b) a birth certificate; or

(c) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and address.

(2) The law enforcement agency shall:

(a) notwithstanding subsection (1), immediately begin to investigate the report of identity theft, based upon whatever proof of identity the victim is able to provide, if any, at the time of making the report and proceed with the investigation as far as the agency is able;

(b) within 72 hours of receiving an identity theft victim's complaint, provide to the victim one copy of the police report, law enforcement investigative report, or filed complaint; and

(c) as provided in 46-24-220 , send another copy along with the victim's completed application for an identity theft passport to the attorney general.

(3) Within 72 hours after making the report of identity theft, the victim shall provide the forms of identification requested pursuant to subsection (1). If the victim is unable to provide that identification within that time, the victim shall explain to the law enforcement agency receiving the report why the victim is unable to provide those forms of identification.

(4) The law enforcement agency shall take a complaint as provided under subsection (1) even if jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft. The law enforcement agency that takes the complaint may refer the complaint to a law enforcement agency that has apparent jurisdiction.

(5) (a) The law enforcement agency with which the original police report, investigative report, or complaint is filed shall cooperate fully with other law enforcement agencies of the same or another jurisdiction and investigate the identity theft within its resources.

(b) A complaint filed under this section is not required to be counted as an open case for purposes of compiling open case statistics.
Mont. Code Ann. § 46-16-131 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-131
46-16-131 Justifiable use of force -- burden of proof
Status: in_force

46-16-131 . Justifiable use of force -- burden of proof. In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified.
Mont. Code Ann. § 46-11-311 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-311
46-11-311 Charge to grand jury
Status: in_force

46-11-311 . Charge to grand jury. When a grand jury is impaneled and sworn, it must be charged by the judge who summoned it. In making the charge, the district court shall instruct the jury as to its duties and the matters that jurors may consider. The prosecutor may bring additional matters before the grand jury that are consistent with the original charge or that are developed during the proceedings.
Mont. Code Ann. § 46-19-203 — MT Code / Title 46 / Chapter 19 / Part 2 / Section 46-19-203
46-19-203 Procedure for determining if woman is pregnant
Status: in_force

46-19-203 . Procedure for determining if woman is pregnant. If there is good reason to suppose that a woman against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, shall summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice of this inquiry must be given to the county attorney of the county who must attend the inquiry and may produce witnesses.
Mont. Code Ann. § 46-11-307 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-307
46-11-307 Closed hearing
Status: in_force

46-11-307 . Closed hearing. Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed. This requirement may not affect a defendant's discovery rights after the filing of the indictment.
Mont. Code Ann. § 46-6-211 — MT Code / Title 46 / Chapter 6 / Part 2 / Section 46-6-211
46-6-211 Issuance of arrest warrant or summons
Status: in_force

46-6-211 . Issuance of arrest warrant or summons. (1) Upon the filing of a charge, the court may issue a summons or an arrest warrant as provided in 46-11-201 . A summons may be issued to a corporation upon the filing of a charge against it. More than one warrant or summons may be issued on the same charge.

(2) A summons may be served personally or by first-class mail.
Mont. Code Ann. § 46-14-103 — MT Code / Title 46 / Chapter 14 / Part 1 / Section 46-14-103
46-14-103 Mental disease or disorder or developmental disability excluding fitness to proceed
Status: in_force

46-14-103 . Mental disease or disorder or developmental disability excluding fitness to proceed. A person who, as a result of mental disease or disorder or developmental disability, is unable to understand the proceedings against the person or to assist in the person's own defense may not be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.
Mont. Code Ann. § 46-6-502 — MT Code / Title 46 / Chapter 6 / Part 5 / Section 46-6-502
46-6-502 Arrest by private person
Status: in_force

46-6-502 . Arrest by private person. (1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested person.

(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.
Mont. Code Ann. § 46-4-404 — MT Code / Title 46 / Chapter 4 / Part 4 / Section 46-4-404
46-4-404 Immunity from suit
Status: in_force

46-4-404 . Immunity from suit. Except for gross negligence or willful or wanton misconduct, there is no cause of action against a service provider, landlord, or custodian or their officers, employees, or agents or other nongovernmental person for injury or damage caused in furnishing facilities or assistance under the order or against a service provider or its officers, employees, or agents for providing the law enforcement agency with information received from the operation of the pen register or trap and trace device. The immunity provided by this section does not extend to any governmental agency, law enforcement agent, or prosecutor.
Mont. Code Ann. § 46-20-706 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-706
46-20-706 Termination of appeal -- remand
Status: in_force

46-20-706 . Termination of appeal -- remand. (1) Upon termination of the appeal, the supreme court shall remand the cause with proper instruction together with the opinion of the court. The clerk shall return all original documents to the trial court.

(2) After the cause has been remanded to the trial court, the appellate court has no further jurisdiction of the appeal or the proceedings thereon and all orders necessary to carry the judgment into effect must be made by the court to which the cause is remanded.
Mont. Code Ann. § 46-12-104 — MT Code / Title 46 / Chapter 12 / Part 1 / Section 46-12-104
46-12-104 Bringing defendant into court
Status: in_force

46-12-104 . Bringing defendant into court. The court may direct any official who has custody of the defendant to bring the defendant before the court to be arraigned.
Mont. Code Ann. § 46-4-104 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-104
46-4-104 Liability of mortuary or physician
Status: in_force

46-4-104 . Liability of mortuary or physician. A mortuary owner or person employed in a mortuary is not liable for the acts of the coroner performed in the removal of a body to a mortuary or during the course of an autopsy on that body. No criminal or civil action may arise against a licensed physician for performing an autopsy authorized by this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.
Mont. Code Ann. § 46-4-307 — MT Code / Title 46 / Chapter 4 / Part 3 / Section 46-4-307
46-4-307 Sexual abuse of children -- report to national center for missing and exploited children
Status: in_force

46-4-307 . Sexual abuse of children -- report to national center for missing and exploited children. A peace officer who, pursuant to a criminal investigation, recovers images or movies of a child in an exhibition of sexual conduct, actual or simulated, or images or movies of a child engaging in sexual conduct, actual or simulated, shall:

(1) provide the images or movies to the law enforcement contact at the child victim identification program at the national center for missing and exploited children;

(2) request the law enforcement contact at the child victim identification program to identify any images or movies recovered that contain an identified victim of child sexual abuse as defined by 45-5-625 ; and

(3) provide case information to the child victim identification program in any case in which the peace officer identifies a previously unidentified victim of child sexual abuse.
Mont. Code Ann. § 46-13-101 — MT Code / Title 46 / Chapter 13 / Part 1 / Section 46-13-101
46-13-101 Pretrial motions and notices
Status: in_force

46-13-101 . Pretrial motions and notices. (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise provided by Title 46.

(2) Failure of a party to raise defenses or objections or to make requests that must be made prior to trial, at the time set by the court, constitutes a waiver of the defense, objection, or request.

(3) The court, for cause shown, may grant relief from any waiver provided by this section. Lack of jurisdiction or the failure of a charging document to state an offense is a nonwaivable defect and must be noticed by the court at any time during the pendency of a proceeding.

(4) Unless the court provides otherwise, all pretrial motions must be in writing and must be supported by a statement of the relevant facts upon which the motion is being made. The motion must state with particularity the grounds for the motion and the order or relief sought.
Mont. Code Ann. § 46-14-206 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-206
46-14-206 Report of examination
Status: in_force

46-14-206 . Report of examination. (1) A report of the examination ordered under 46-14-202 must include the following:

(a) a description of the nature of the examination;

(b) a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant suffers from a mental disorder, as defined in 53-21-102 , and may require commitment or is seriously developmentally disabled, as defined in 53-20-102 ; and

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

(2) A court may direct that a report of examination include:

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

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

(i) the parties, having received an opinion that a defendant lacks fitness to proceed, stipulate to the defendant's lack of fitness;

(ii) necessary for psychiatric or psychological testimony at trial;

(iii) a defendant raises a defense of mental disease or disorder or developmental disability under the circumstances described in 46-14-311 (1); or

(iv) necessary for consideration of mental disease or disorder or developmental disability at sentencing.

(3) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must state that fact and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of the mental disease or disorder or developmental disability.
Mont. Code Ann. § 46-20-312 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-312
46-20-312 Superseded
Status: in_force

46-20-312 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-20-305 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-305
46-20-305 Superseded
Status: in_force

46-20-305 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-12-105 — MT Code / Title 46 / Chapter 12 / Part 1 / Section 46-12-105
46-12-105 Joint defendants
Status: in_force

46-12-105 . Joint defendants. Defendants who are jointly charged may be arraigned separately or together in the discretion of the court.
Mont. Code Ann. § 46-13-108 — MT Code / Title 46 / Chapter 13 / Part 1 / Section 46-13-108
46-13-108 Notice by prosecutor seeking persistent felony offender status
Status: in_force

46-13-108 . Notice by prosecutor seeking persistent felony offender status. (1) Except for good cause shown, if the prosecution seeks treatment of the accused as a persistent felony offender or a persistent felony offender under supervision, notice of that fact must be given at or before the omnibus hearing pursuant to 46-13-110 .

(2) The notice must specify the alleged prior convictions and may not be made known to the jury before the verdict is returned except as allowed by the Montana Rules of Evidence.

(3) If the defendant objects to the allegations contained in the notice, the judge shall conduct a hearing to determine if the allegations in the notice are true.

(4) The hearing must be held before the judge alone. If the judge finds any allegations of the prior convictions are true, the accused must be sentenced as provided by law.

(5) The notice must be filed and sealed until the time of trial or until a plea of guilty or nolo contendere is given by the defendant.
Mont. Code Ann. § 46-18-213 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-213
46-18-213 When no penalty is specified -- felony
Status: in_force

46-18-213 . When no penalty is specified -- felony. The court, in imposing sentence upon an offender convicted of an offense which is designated as a felony and no penalty is otherwise provided, may sentence the offender for any term not to exceed 10 years in the state prison or may fine the offender in an amount not to exceed $50,000 or may impose both such fine and imprisonment.
Mont. Code Ann. § 46-15-201 — MT Code / Title 46 / Chapter 15 / Part 2 / Section 46-15-201
46-15-201 When depositions may be taken
Status: in_force

46-15-201 . When depositions may be taken. (1) In district or municipal court cases, a deposition may be taken if it appears that a prospective witness:

(a) is likely to be either unable to attend or otherwise prevented from attending a trial or hearing;

(b) is likely to be absent from the state at the time of the trial or hearing; or

(c) is unwilling to provide relevant information to a requesting party and the witness's testimony is material and necessary in order to prevent a failure of justice. The court shall, upon motion of any party and proper notice, order that the testimony of the witness be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be introduced at the time the deposition is taken.

(2) The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the court, taking into account the convenience of the parties and of the witness.

(3) If the defendant is charged with a felony and it appears upon the affidavit of counsel for a party that good cause exists to believe that a witness will not respond to a subpoena and the administration of justice requires, any district judge may issue an arrest warrant commanding the arrest of a material witness. The arrest warrant must further order a deposition to be taken without unnecessary delay. A person may not be imprisoned for the purpose of securing testimony in any criminal proceeding longer than is necessary to take the person's deposition.
Mont. Code Ann. § 46-30-218 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-218
46-30-218 Penalty for violating accused's rights
Status: in_force

46-30-218 . Penalty for violating accused's rights. An officer who delivers to the agent for extradition of the requisitioning state a person in custody under the governor's warrant in willful disobedience of 46-30-217 shall be guilty of a misdemeanor and on conviction shall be fined not more than $1,000 or be imprisoned not more than 6 months, or both.
Mont. Code Ann. § 46-9-105 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-105
46-9-105 General authority for release and detention
Status: in_force

46-9-105 . General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411 , the 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 in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply.

(2) If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction.
Mont. Code Ann. § 46-19-101 — MT Code / Title 46 / Chapter 19 / Part 1 / Section 46-19-101
46-19-101 Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay
Status: in_force

46-19-101 . Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay. (1) Upon oral pronouncement of a sentence imposing punishment of imprisonment, commitment to the department of corrections, placement in a prerelease center, community corrections facility, or other place of confinement, or death, the court shall commit the defendant to the custody of the sheriff, who shall deliver the defendant to the place of confinement, commitment, or execution and give that place an order, which must be signed by the sentencing judge on the date of oral pronouncement of sentence, stating that the defendant is sentenced to that place for imprisonment, commitment, placement, or execution, as the case may be. The order is authority for that place to hold the defendant pending receipt by that place of a copy of the written judgment.

(2) When a sheriff delivers the defendant to the place of confinement, commitment, or execution, the sheriff shall deliver at the same time all information in the possession of the sheriff regarding the physical and mental health of the defendant, including health information contained in a presentence investigation report.

(3) If a defendant is sentenced to prison or another place of confinement operated by or under contract with the department of corrections or is committed to the department and the offender is not transported to the placement within 10 days of receipt of sentencing documents, the department shall notify the court in writing of the reason for the delay.
Mont. Code Ann. § 46-5-612 — MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-612
46-5-612 Standing to challenge warrant or investigative subpoena
Status: in_force

46-5-612 . Standing to challenge warrant or investigative subpoena. Providers of an electronic communication service subject to a warrant or other legal process under this part have standing to challenge a warrant or other legal process that is inconsistent with this part, any other statute or law, or the state or federal constitution.
Mont. Code Ann. § 46-20-405 — MT Code / Title 46 / Chapter 20 / Part 4 / Section 46-20-405
46-20-405 Superseded
Status: in_force

46-20-405 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-22-301 — MT Code / Title 46 / Chapter 22 / Part 3 / Section 46-22-301
46-22-301 Return of service
Status: in_force

46-22-301 . Return of service. (1) The person upon whom the writ is served shall make a return and state in that return:

(a) (i) whether the petitioner is in that person's custody or under that person's power or restraint; and

(ii) if the petitioner is in custody or otherwise restrained, the authority for and cause of the custody or restraint; or

(b) if the petitioner has been transferred to the custody of or otherwise restrained by another, to whom the party was transferred, the time and place of the transfer, the reason for the transfer, and the authority under which the transfer took place.

(2) The return must be signed and verified by oath unless the person making the return is a sworn public officer making a return in an official capacity.
Mont. Code Ann. § 46-11-308 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-308
46-11-308 Who may be present
Status: in_force

46-11-308 . Who may be present. The prosecutor, witnesses, interpreters, and a stenographer or operator of a recording device used for the purpose of taking the evidence may be present while the grand jury is in session. No person other than the jurors may be present while the grand jury is deliberating or voting.
Mont. Code Ann. § 46-20-319 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-319
46-20-319 Superseded
Status: in_force

46-20-319 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-16-226 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-226
46-16-226 Definitions
Status: in_force

46-16-226 . Definitions. As used in 46-16-226 through 46-16-229 , the following definitions apply:

(1) "Child witness" means an individual who is:

(a) 13 years of age or younger at the time the individual is called as a witness in a criminal proceeding involving a sexual or violent offense; or

(b) under 16 years of age at the time that the individual is called as a witness in a criminal proceeding involving a sexual or violent offense and who is an individual with a developmental disability, as defined in 53-20-102 .

(2) "Sexual offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-502 , 45-5-503 , 45-5-504 , 45-5-507 , 45-5-625 , [ 45-5-705 (1)(b)], 45-5-706 , or 45-5-711 .

(3) "Violent offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-102 , 45-5-103 , 45-5-202 , 45-5-206 , 45-5-210 , 45-5-212 , 45-5-213 , 45-5-215 , 45-5-302 , 45-5-303 , 45-5-401 , 45-6-103 , or 45-9-132 .
Mont. Code Ann. § 46-19-102 — MT Code / Title 46 / Chapter 19 / Part 1 / Section 46-19-102
46-19-102 Execution of judgment
Status: in_force

46-19-102 . Execution of judgment. (1) If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on the fine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a judgment in a civil case.

(2) If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in 46-18-403 .

(3) (a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.

(b) In the event that a private person or entity is retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's 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 fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.
Mont. Code Ann. § 46-32-105 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-105
46-32-105 Terminated
Status: in_force

46-32-105 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-15-332 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-332
46-15-332 Privileged matters
Status: in_force

46-15-332 . Privileged matters. All matters which are privileged upon the trial are privileged against disclosure through any discovery procedure.
Mont. Code Ann. § 46-23-1002 — MT Code / Title 46 / Chapter 23 / Part 10 / Section 46-23-1002
46-23-1002 Powers of department
Status: in_force

46-23-1002 . Powers of department. The department may:

(1) appoint probation and parole officers and other employees necessary to administer this part;

(2) authorize probation and parole officers to carry firearms, including concealed firearms, when necessary. The department shall adopt rules establishing firearms training requirements and procedures for authorizing the carrying of firearms.

(3) adopt rules for the conduct of persons placed on parole or probation, except that the department may not make any rule conflicting with conditions of parole imposed by the board or conditions of probation imposed by a court; and

(4) adopt rules to administer the rental voucher program the department may implement pursuant to 46-23-1041 .
Mont. Code Ann. § 46-3-114 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-114
46-3-114 County of offense unknown
Status: in_force

46-3-114 . County of offense unknown. (1) Except as provided in 46-3-110 (2), if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred.

(2) Except as provided in 46-3-110 (2), if an offense is committed in or against a public or private conveyance and it is doubtful in which county the offense occurred, the charge may be filed in any county in or through which the conveyance has traveled.
Mont. Code Ann. § 46-1-1113 — MT Code / Title 46 / Chapter 1 / Part 11 / Section 46-1-1113
46-1-1113 Statutory construction
Status: in_force

46-1-1113 . Statutory construction. The provisions of this part must be construed to effectuate its remedial purposes.
Mont. Code Ann. § 46-16-202 — MT Code / Title 46 / Chapter 16 / Part 2 / Section 46-16-202
46-16-202 Evidence on trial for treason
Status: in_force

46-16-202 . Evidence on trial for treason. Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act or upon confession in open court, nor can evidence be admitted of an overt act not expressly charged in the indictment or information, nor can the defendant be convicted unless one or more overt acts be expressly alleged therein.
Mont. Code Ann. § 46-16-101 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-101
46-16-101 Who given precedence on calendar
Status: in_force

46-16-101 . Who given precedence on calendar. Prosecutions against defendants held in custody must be disposed of in advance of prosecutions against defendants on bail unless for good cause the court shall direct an action to be tried out of its order.
Mont. Code Ann. § 46-17-403 — MT Code / Title 46 / Chapter 17 / Part 4 / Section 46-17-403
46-17-403 Jury trial
Status: in_force

46-17-403 . Jury trial. In criminal causes arising under the state law, either party shall be entitled to a jury trial, as provided in justices' courts, except that the police officer shall perform the duties thereto prescribed to the sheriff or constable.
Mont. Code Ann. § 46-30-203 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-203
46-30-203 Extradition of persons who left requisitioning state involuntarily
Status: in_force

46-30-203 . Extradition of persons who left requisitioning state involuntarily. The governor of this state may also surrender on requisition of the executive authority of any other state any person in this state who is charged in the manner provided in 46-30-401 with having violated the laws of the state whose executive authority is making the requisition, even though such person left the requisitioning state involuntarily.
Mont. Code Ann. § 46-18-251 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-251
46-18-251 Allocation of fines, costs, restitution, interest, and other charges
Status: in_force

46-18-251 . (Temporary) Allocation of fines, costs, restitution, interest, and other charges. (1) Except as provided in 46-18-236 (7)(b), if a misdemeanor offender is subjected to any combination of fines, costs, restitution, charges, interest, or other payments arising out of the same criminal proceeding, money that the court collects from the offender must be allocated as provided in this section. A felony offender shall pay restitution and interest on restitution to the department of corrections, and other fines, interest on fines, and costs must be paid to the court and allocated as provided in this section.

(2) Except as otherwise provided in 46-18-236 (7)(b) and this section, if a defendant is subject to payment of restitution and any combination of fines, costs, charges under the provisions of 46-18-236 , interest, or other payments, 50% of all money collected from the defendant must be applied to payment of restitution and the balance must be applied to other payments in the following order:

(a) payment of charges imposed pursuant to 46-18-236 ;

(b) payment of supervisory fees imposed pursuant to 46-23-1031 ;

(c) payment of costs imposed pursuant to 46-18-232 or 46-18-233 ;

(d) payment of fines imposed pursuant to 46-18-231 or 46-18-233 ; and

(e) any other payments ordered by the court.

(3) The money applied under subsection (2) to the payment of restitution must be paid in the following order:

(a) to the victim until the victim's unreimbursed pecuniary loss is satisfied;

(b) to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113 until the state is fully reimbursed for compensation to the victim provided pursuant to Title 53, chapter 9, part 1;

(c) to any other government agency that has compensated the victim for the victim's pecuniary loss; and

(d) to any insurance company that has compensated the victim for the victim's pecuniary loss.

(4) If any fines, costs, charges, interest, or other payments remain unpaid after all of the restitution has been paid, any additional money collected must be applied to payment of those fines, costs, charges, interest, or other payments. If any restitution remains unpaid after all of the fines, costs, charges, interest, or other payments have been paid, any additional money collected must be applied toward payment of the restitution. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)
Mont. Code Ann. § 46-21-203 — MT Code / Title 46 / Chapter 21 / Part 2 / Section 46-21-203
46-21-203 Review
Status: in_force

46-21-203 . Review. Either the petitioner or the prosecution may appeal to the supreme court from an order entered on a petition. The appeal must be taken within 60 days of the entry of the order.
Mont. Code Ann. § 46-11-201 — MT Code / Title 46 / Chapter 11 / Part 2 / Section 46-11-201
46-11-201 Leave to file information
Status: in_force

46-11-201 . Leave to file information. (1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant. If the defendant named is a district court judge, the prosecutor shall apply directly to the supreme court for leave to file the information.

(2) An application must be by affidavit supported by evidence that the judge or chief justice may require. If it appears that there is probable cause to believe that an offense has been committed by the defendant, the judge or chief justice shall grant leave to file the information, otherwise the application is denied.

(3) When leave to file an information has been granted, a warrant or summons may issue for the defendant's arrest or appearance.

(4) When leave is granted to file an information against a district court judge, the chief justice shall designate and direct a judge of the district court of another district to preside at the trial of the information and hear and determine all pleas and motions affecting the defendant under the information before and after judgment. All necessary records must be transferred to the clerk of the district court of the district in which the action arose.
Mont. Code Ann. § 46-20-511 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-511
46-20-511 Superseded
Status: in_force

46-20-511 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-18-305 — MT Code / Title 46 / Chapter 18 / Part 3 / Section 46-18-305
46-18-305 Effect of aggravating and mitigating circumstances
Status: in_force

46-18-305 . Effect of aggravating and mitigating circumstances. In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if the trier of fact found beyond a reasonable doubt, or the defendant pleaded guilty to the offense and admitted to, one or more aggravating circumstances and the court finds that there are no mitigating circumstances sufficiently substantial to call for leniency. If the court does not impose a sentence of death and one of the aggravating circumstances listed in 46-18-303 exists, the court may impose a sentence of imprisonment for life or for any term authorized by the statute defining the offense.
Mont. Code Ann. § 46-18-401 — MT Code / Title 46 / Chapter 18 / Part 4 / Section 46-18-401
46-18-401 Consecutive sentences
Status: in_force

46-18-401 . Consecutive sentences. (1) Unless the judge otherwise orders:

(a) whenever a person serving a term of commitment imposed by a court in this state is committed for another offense, the shorter term or shorter remaining term may not be merged in the other term; and

(b) whenever a person under suspended sentence or on probation for an offense committed in this state is sentenced for another offense, the period still to be served on suspended sentence or probation may not be merged in any new sentence of commitment or probation.

(2) The court, whether or not it merges the sentences, shall immediately furnish each of the other courts and the penal institutions in which the defendant is confined under sentence with authenticated copies of its sentence, which must cite any sentence that is merged.

(3) If an unexpired sentence is merged pursuant to subsection (1), the court that imposed the sentence shall modify it in accordance with the effect of the merger.

(4) Separate sentences for two or more offenses must run consecutively unless the court otherwise orders.

(5) If a sentence is revoked pursuant to 46-18-203 , the sentence imposed upon revocation must run consecutively to any other previously existing sentence unless the suspended or deferred sentence that is being revoked ran concurrently to the previously existing sentence.
Mont. Code Ann. § 46-4-110 — MT Code / Title 46 / Chapter 4 / Part 1 / Section 46-4-110
46-4-110 Powers of coroner
Status: in_force

46-4-110 . Powers of coroner. In the performance of duties under this chapter, the coroner may:

(1) pronounce the fact of death of any human being under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122 ;

(2) certify and amend death certificates as considered necessary in circumstances under which the coroner has a duty to inquire pursuant to 46-4-122 ;

(3) issue subpoenas pursuant to 46-4-112 ;

(4) order postmortem examinations as provided in 46-4-103 ;

(5) conduct examinations and tests as considered necessary to determine the cause, manner, and circumstances of death and identification of a dead human body as provided in 46-4-101 and 46-4-113 ;

(6) order a dead human body to be disinterred or removed from its place of disposition, with or without the consent of the next of kin, under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122 ;

(7) conduct inquests pursuant to 46-4-201 ; and

(8) order cessation of any activity by any person or agency, other than the law enforcement agency having jurisdiction, that may obstruct or hinder the orderly conduct of an inquiry or the collection of information or evidence needed for an inquiry.
Mont. Code Ann. § 46-16-105 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-105
46-16-105 Plea of guilty -- use of two-way electronic audio-video communication
Status: in_force

46-16-105 . 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) At any time before judgment or, except when a claim of innocence is supported by evidence of a fundamental miscarriage of justice, within 1 year after judgment becomes final, the court may, for good cause shown, permit the plea of guilty or nolo contendere to be withdrawn and a plea of not guilty substituted. A judgment becomes final for purposes of this subsection (2):

(a) when the time for appeal to the Montana supreme court expires;

(b) if an appeal is taken to the Montana supreme court, when the time for petitioning the United States supreme court for review expires; or

(c) if review is sought in the United States supreme court, on the date that that court issues its final order in the case.

(3) For purposes of this section, 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 heard in the courtroom by all present and allowing the party speaking to be seen, 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 and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201 .
Mont. Code Ann. § 46-1-104 — MT Code / Title 46 / Chapter 1 / Part 1 / Section 46-1-104
46-1-104 Criminal prosecution of persons subject to federal immigration detention -- notification to attorney general
Status: in_force

46-1-104 . Criminal prosecution of persons subject to federal immigration detention -- notification to attorney general. (1) The state may initiate a criminal prosecution against a person who is subject or may be subject to federal detention for federal immigration violations for a violation of criminal law committed in this state.

(2) If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the state may surrender the person to the federal government on demand for federal immigration violations or hold the person until the person has been tried and discharged or convicted and punished in this state.

(3) If a prosecutor is considering declining to prosecute a person described in subsection (1), the prosecutor shall notify the attorney general prior to making the final decision to decline prosecution to allow the attorney general time to initiate prosecution.
Mont. Code Ann. § 46-1-1202 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1202
46-1-1202 Purpose
Status: in_force

46-1-1202 . Purpose. The purpose of this part is to recognize that state courts have a jurisdictional basis to implement mental health treatment courts to reduce recidivism and restore persons with a mental disorder who are charged with a criminal offense to being productive, law-abiding, and taxpaying citizens.
Mont. Code Ann. § 46-18-1005 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1005
46-18-1005 Home arrest -- responsibility for own living expenses -- government benefits
Status: in_force

46-18-1005 . Home arrest -- responsibility for own living expenses -- government benefits. A person serving a sentence under conditions of home arrest is responsible for food, housing, clothing, and medical care expenses and is eligible for government benefits to the same extent as a person on probation, parole, or conditional discharge.
Mont. Code Ann. § 46-3-112 — MT Code / Title 46 / Chapter 3 / Part 1 / Section 46-3-112
46-3-112 Requisite act in multiple counties
Status: in_force

46-3-112 . Requisite act in multiple counties. (1) Except as provided in 46-3-110 (2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or offenses occurred.

(2) Except as provided in 46-3-110 (2), if an act requisite to the commission of an offense occurs or continues in more than one county, the charge may be filed in any county in which the act occurred or continued.

(3) If an element of an offense under 45-5-220 , 45-5-625 , 45-8-212 , or 45-8-213 involves an electronic communication, the charge may be filed in the county in or from which the electronic communication was sent or in the county in which the electronic communication was received or to which it was sent.
Mont. Code Ann. § 46-6-508 — MT Code / Title 46 / Chapter 6 / Part 5 / Section 46-6-508
46-6-508 Arrest by surety bail bond insurance producer
Status: in_force

46-6-508 . Arrest by surety bail bond insurance producer. (1) A surety bail bond insurance producer who has probable cause to believe that a principal insured by the surety insurer to which the producer is appointed will fail to appear in court, in violation of 46-9-503 (2), or has violated a condition of their release, may use reasonable force to arrest and detain the principal only as described in 46-9-510 and this section. The producer shall:

(a) except under exigent circumstances, prior to and no more than 6 hours before attempting to apprehend the principal, notify the local police department or sheriff's office of the intent to apprehend the principal in that jurisdiction by telephoning nonemergency dispatch and provide:

(i) the name and producer license number of the individual who will be effecting the arrest; and

(ii) the name and approximate location of the principal; and

(b) immediately after the arrest of the principal, notify the local police department or sheriff's office by telephoning nonemergency dispatch and provide:

(i) the name and producer license number of the individual who effected the arrest;

(ii) the name of the principal arrested and the description of the location of the arrest; and

(iii) if no notification was given under subsection (1)(a), a detailed explanation of the reasons a notification could not be given under subsection (1)(a).

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

(a) "Principal" means a defendant or a witness who has been admitted to bail and who is obligated to appear in court as required on penalty of forfeiting bail under a commercial bail bond.

(b) "Surety bail bond insurance producer" or "producer" means an insurance producer who is licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapters 17 and 26.
Mont. Code Ann. § 46-1-1213 — MT Code / Title 46 / Chapter 1 / Part 12 / Section 46-1-1213
46-1-1213 Statutory construction -- combination with drug treatment court
Status: in_force

46-1-1213 . Statutory construction -- combination with drug treatment court. (1) The provisions of this part must be construed to effectuate its remedial purposes.

(2) A mental health treatment court may be combined with a drug treatment court authorized in Title 46, chapter 1, part 11, and a mental health treatment court may serve an individual with co-occurring disorders.
Mont. Code Ann. § 46-18-701 — MT Code / Title 46 / Chapter 18 / Part 7 / Section 46-18-701
46-18-701 Limited release during employment hours
Status: in_force

46-18-701 . Limited release during employment hours. (1) A court, after having sentenced a person to confinement in a county jail, may, in its discretion, upon request of the county attorney and sheriff of the county and with the consent of the convicted person, order that any part of the imprisonment imposed be served in confinement with limited release during the hours or periods the convicted person is actually employed.

(2) Upon the issuance of an order for limited release under this part, the sheriff shall arrange for the convicted person to continue the person's regular employment without interruption insofar as is reasonably possible. However, the prisoner must be confined in the county jail during the hours when the prisoner is not employed.
Mont. Code Ann. § 46-20-512 — MT Code / Title 46 / Chapter 20 / Part 5 / Section 46-20-512
46-20-512 Superseded
Status: in_force

46-20-512 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-9-206 — MT Code / Title 46 / Chapter 9 / Part 2 / Section 46-9-206
46-9-206 Setting bail -- appearance or use of two-way electronic audio-video communication
Status: in_force

46-9-206 . Setting bail -- appearance or use of two-way electronic audio-video communication. The requirement that a defendant be taken before a judge for setting of bail 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, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant's counsel be in the defendant's physical presence during the two-way electronic audio-video communication. A judge may order a defendant's physical appearance in court for the hearing of an application for admission to bail.
Mont. Code Ann. § 46-2-101 — MT Code / Title 46 / Chapter 2 / Part 1 / Section 46-2-101
46-2-101 State criminal jurisdiction
Status: in_force

46-2-101 . State criminal jurisdiction. (1) A person is subject to prosecution in this state for an offense that the person commits while either within or outside the state by the person's own conduct or that of another for which the person is legally accountable if:

(a) the offense is committed either wholly or partly within the state;

(b) the conduct outside the state constitutes an attempt to commit an offense within the state and an act in furtherance of the offense occurs in the state; or

(c) the conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense under the laws of this state and the other jurisdiction.

(2) An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element occurs within the state. In homicide, the "result" is either the physical contact that causes death or the death itself. If the body of a homicide victim is found within the state, the death is presumed to have occurred within the state.

(3) An offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state regardless of the location of the offender at the time of the omission.

(4) This state includes the land and water and the air space above the land and water with respect to which the state has legislative jurisdiction.
Mont. Code Ann. § 46-18-131 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-131
46-18-131 Terminated
Status: in_force

46-18-131 . Terminated. Sec. 5, Ch. 306, L. 1995.
Mont. Code Ann. § 46-17-102 — MT Code / Title 46 / Chapter 17 / Part 1 / Section 46-17-102
46-17-102 Record of proceedings
Status: in_force

46-17-102 . Record of proceedings. A docket must be kept by the justice of the peace or city judge, in which must be entered each action and the proceedings of the court therein.
Mont. Code Ann. § 46-14-222 — MT Code / Title 46 / Chapter 14 / Part 2 / Section 46-14-222
46-14-222 Proceedings if fitness regained
Status: in_force

46-14-222 . Proceedings if fitness regained. When the court, on its own motion or upon the application of the director of the department of public health and human services, the prosecution, or the defendant or the defendant's legal representative, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding must be resumed. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to resume the criminal proceedings, the court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment of persons suffering from serious mental illness, order the defendant committed to an appropriate facility of the department of public health and human services.
Mont. Code Ann. § 46-16-402 — MT Code / Title 46 / Chapter 16 / Part 4 / Section 46-16-402
46-16-402 When order may be departed from
Status: in_force

46-16-402 . When order may be departed from. For good cause shown and in the discretion of the court, the order prescribed in 46-16-401 may be departed from.
Mont. Code Ann. § 46-9-402 — MT Code / Title 46 / Chapter 9 / Part 4 / Section 46-9-402
46-9-402 Persons prohibited from furnishing bail security
Status: in_force

46-9-402 . Persons prohibited from furnishing bail security. No attorney at law and no official authorized to admit another to bail shall act as surety or furnish bail.
Mont. Code Ann. § 46-24-204 — MT Code / Title 46 / Chapter 24 / Part 2 / Section 46-24-204
46-24-204 Scheduling changes
Status: in_force

46-24-204 . Scheduling changes. (1) As soon as practicable, the prosecuting attorney shall notify a victim or witness of any scheduling changes that may affect the appearance of the victim or witness at a criminal justice proceeding that the victim or witness is scheduled to attend.

(2) For the purpose of providing notification, the prosecuting attorney shall have available a system for promptly alerting a victim or witness that a scheduling change has been made.
Mont. Code Ann. § 46-23-104 — MT Code / Title 46 / Chapter 23 / Part 1 / Section 46-23-104
46-23-104 Board of pardons and parole
Status: in_force

46-23-104 . Board of pardons and parole. (1) The board of pardons and parole is responsible for executive clemency and parole as provided in this chapter.

(2) The board shall work full time and meet in hearing panels at the times and places that the board considers necessary.

(3) The principal office of the board is in Deer Lodge.

(4) The presiding officer of the board shall appoint hearing panels and their presiding officers to conduct hearings and to issue final decisions concerning parole and recommendations concerning executive clemency and shall request out-of-state releasing authorities to conduct hearings pursuant to Article IV(6) of the Western Interstate Corrections Compact. The presiding officer of the board shall attempt to make hearing panel appointments in a manner that ensures equitable distribution of workload among board members. The hearing panels have the full authority and power of the board to order the denial, grant, or revocation of parole and to make recommendations in matters of executive clemency.
Mont. Code Ann. § 46-18-103 — MT Code / Title 46 / Chapter 18 / Part 1 / Section 46-18-103
46-18-103 Sentence to be imposed by judge
Status: in_force

46-18-103 . Sentence to be imposed by judge. All sentences under this chapter shall be imposed exclusively by the judge of the court.
Mont. Code Ann. § 46-32-107 — MT Code / Title 46 / Chapter 32 / Part 1 / Section 46-32-107
46-32-107 Terminated
Status: in_force

46-32-107 . Terminated. Sec. 15, Ch. 574, L. 2021.
Mont. Code Ann. § 46-1-504 — MT Code / Title 46 / Chapter 1 / Part 5 / Section 46-1-504
46-1-504 Procedure following mediation
Status: in_force

46-1-504 . Procedure following mediation. (1) If mediation is successful, the mediator shall inform the court of the results of the mediation and of any agreement reached.

(2) If mediation is unsuccessful or if one of the parties withdraws from the mediation, the mediator shall notify the court and the prosecutor may proceed with the prosecution of the defendant.

(3) After a successful mediation, the results of the mediation and any agreement reached by the parties to the mediation are subject to the approval of the court.
Mont. Code Ann. § 46-18-208 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-208
46-18-208 Termination of remaining portion of deferred or suspended sentence -- motion
Status: in_force

46-18-208 . Termination of remaining portion of deferred or suspended sentence -- motion. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor, the defendant, or the defendant's attorney may file a motion to terminate the time remaining on the sentence if:

(a) in the case of a deferred imposition of sentence, the defendant has served 2 years or one-half of the sentence, whichever is less, and has demonstrated compliance with supervision requirements; or

(b) in the case of a suspended sentence:

(i) the defendant has served 3 years or two-thirds of the time suspended, whichever is less; and

(ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.

(2) The motion must set forth the following:

(a) why the defendant meets the time limitations provided in subsection (1); and

(b) how the defendant has demonstrated compliance with supervision requirements.

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

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

(a) a copy of the motion;

(b) written notice that:

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

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

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

(5) The court may hold a hearing on its own motion and may consider a hearing request from the county attorney or defendant.

(6) If the court requires a hearing on the motion, the court may grant the motion if it finds that:

(a) termination of the remainder of the sentence is in the best interests of the defendant and society;

(b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and

(c) the defendant has paid all restitution and court-ordered financial obligations in full.
Mont. Code Ann. § 46-16-110 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-110
46-16-110 Right to jury trial -- waiver
Status: in_force

46-16-110 . Right to jury trial -- waiver. (1) The parties in a felony case have a right to trial by a jury of 12 persons.

(2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.

(3) Upon written consent of the parties, a trial by jury may be waived.
Mont. Code Ann. § 46-6-107 — MT Code / Title 46 / Chapter 6 / Part 1 / Section 46-6-107
46-6-107 Miranda warning prior to custodial interrogation
Status: in_force

46-6-107 . Miranda warning prior to custodial interrogation. Before interrogating a person who is in custody, a peace officer shall inform the person that the person has the right to remain silent, that anything the person says can be used against the person in a court of law, that the person has the right to speak to an attorney and to have an attorney present during any questioning, and that if the person cannot afford an attorney, one will be provided for the person at no cost to the person. A person who is stopped under 46-5-401 is not in custody unless the stop goes beyond the purposes of that section.
Mont. Code Ann. § 46-14-303 — MT Code / Title 46 / Chapter 14 / Part 3 / Section 46-14-303
46-14-303 Application for discharge or release by committed person
Status: in_force

46-14-303 . Application for discharge or release by committed person. A committed person may make application for discharge or release to the district court by which the person was committed unless that court transfers jurisdiction to the court in the district in which the person has been placed, and the procedure to be followed upon the application is the same as that prescribed in 46-14-302 in the case of an application by the director of the department of public health and human services. However, an application by a committed person need not be considered until the person has been confined for a period of not less than 6 months from the date of the order of commitment, and if the determination of the court is adverse to the application, the person may not be permitted to file a further application until 1 year has elapsed from the date of any preceding hearing on an application for the person's release or discharge.
Mont. Code Ann. § 46-11-315 — MT Code / Title 46 / Chapter 11 / Part 3 / Section 46-11-315
46-11-315 Advice and assistance to grand jury
Status: in_force

46-11-315 . Advice and assistance to grand jury. (1) The grand jury may at all times ask the advice of the judge. Unless advice is asked, the judge may not be present during the sessions of the grand jury.

(2) The prosecutor may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by the grand jury and may interrogate witnesses before the grand jury whenever the prosecutor finds it necessary.

(3) Subject to the approval of the district court, the county attorney may employ a special prosecutor, investigators, interpreters, and experts at agreed-upon compensation to be first approved by the court.
Mont. Code Ann. § 46-5-310 — MT Code / Title 46 / Chapter 5 / Part 3 / Section 46-5-310
46-5-310 Filing of return
Status: in_force

46-5-310 . Filing of return. (1) The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned "not served".

(2) The judge before whom the warrant is returned shall attach to the warrant a copy of the return, the inventory, and all other papers in connection with the warrant and shall file them with the issuing court.
Mont. Code Ann. § 46-20-705 — MT Code / Title 46 / Chapter 20 / Part 7 / Section 46-20-705
46-20-705 Superseded
Status: in_force

46-20-705 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-16-106 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-106
46-16-106 Time to prepare for trial
Status: in_force

46-16-106 . Time to prepare for trial. After plea, the defendant shall be entitled to a reasonable time to prepare for trial.
Mont. Code Ann. § 46-18-1002 — MT Code / Title 46 / Chapter 18 / Part 10 / Section 46-18-1002
46-18-1002 Home arrest -- petition -- agreement
Status: in_force

46-18-1002 . Home arrest -- petition -- agreement. (1) An offender may petition a sentencing court for an order directing that all or a portion of a sentence of imprisonment be served under conditions of home arrest. The term of home arrest may not exceed 6 months. Petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the offender's sentence.

(2) The petition must include:

(a) either a statement by the department of corrections that it has a monitoring device available for its use on the offender or information from the offender as to a private company that can and will implement the home arrest, along with the name and credentials of the company and the type of monitoring device to be used;

(b) the place of any employment of the offender and the name of the offender's supervisor;

(c) if the offender has been accepted into one, a plan for participation in an educational, treatment, or training program;

(d) the source and amount of any income of the offender; and

(e) the address at which the home arrest will occur and a list of any other persons who will reside at that address during all or part of the home arrest, their ages, and their relationship to the offender.

(3) The sentencing judge shall refer the petition to the supervising authority. The supervising authority shall review the petition and accept or reject the offender for home arrest. If the offender is rejected, the sentencing judge shall dismiss the petition. If the offender is accepted, the sentencing judge may conduct a hearing on the petition and grant or deny the petition. An order for home arrest must incorporate the home arrest plan, with any modifications by the court, and require compliance with the plan. The clerk of court shall give the county attorney a copy of the order.

(4) A home arrestee is subject to the decisions and applicable rules of the supervising authority during the period of supervision.

(5) The offender shall file with the court the written and notarized consent to the home arrest signed by each adult who will reside with the offender during all or part of the home arrest.
Mont. Code Ann. § 46-15-326 — MT Code / Title 46 / Chapter 15 / Part 3 / Section 46-15-326
46-15-326 Use of materials
Status: in_force

46-15-326 . Use of materials. Except as provided in 46-11-401 , any materials, including witness lists, furnished to an attorney pursuant to 46-15-322 through 46-15-329 may not be disclosed to the public but may be disclosed to others only to the extent necessary for the proper conduct of the case.
Mont. Code Ann. § 46-30-213 — MT Code / Title 46 / Chapter 30 / Part 2 / Section 46-30-213
46-30-213 Issuance of arrest warrant by governor
Status: in_force

46-30-213 . Issuance of arrest warrant by governor. (1) If the governor decides that the requisition should be complied with, the governor shall sign a warrant of arrest and rendition, which must be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution of the warrant. The warrant must substantially recite the facts necessary to the validity of its issuance.

(2) A copy or an abstract of the governor's warrant of arrest and rendition may be submitted electronically to the entity entrusted with the execution of the warrant for the purpose of expediting service of the warrant. The copy or abstract is as effectual in the hands of the entity as if the entity held the original governor's warrant of arrest and rendition.
Mont. Code Ann. § 46-18-204 — MT Code / Title 46 / Chapter 18 / Part 2 / Section 46-18-204
46-18-204 Dismissal after deferred imposition
Status: in_force

46-18-204 . Dismissal after deferred imposition. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208 :

(a) for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or

(b) for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed.

(2) A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103 , and public access to the information may be obtained only by district court order upon good cause shown.
Mont. Code Ann. § 46-9-106 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-106
46-9-106 Release or detention of defendant pending trial
Status: in_force

46-9-106 . Release or detention of defendant pending trial. Before a verdict has been rendered, the court shall:

(1) authorize the release of the defendant upon reasonable conditions that ensure the appearance of the defendant and protect the safety of the community or of any person; or

(2) detain the defendant when there is probable cause to believe that the defendant committed an offense for which death is a possible punishment and adequate safeguards are not available to ensure the defendant's appearance and the safety of the community.
Mont. Code Ann. § 46-23-503 — MT Code / Title 46 / Chapter 23 / Part 5 / Section 46-23-503
46-23-503 Release of sexual or violent offender from place of confinement -- duties of official in charge
Status: in_force

46-23-503 . Release of sexual or violent offender from place of confinement -- duties of official in charge. (1) A sexual or violent offender who is released from the custody of the department of corrections must be informed in writing not less than 10 days prior to release of the duty to register under this part by the official in charge of the place of confinement.

(2) Prior to the offender's release from custody, the official shall obtain and give to the department of justice and to the sheriff of the county in which the offender intends to reside or, if the offender intends to reside in a municipality, to the chief of police of the municipality:

(a) the address at which the offender intends to reside upon release from the department's custody;

(b) the offender's fingerprints and photo, unless they are already in the possession of the department of justice, sheriff, or chief of police; and

(c) a form signed by and read to or by the offender stating that the offender's duty to register under this part has been explained to the offender.
Mont. Code Ann. § 46-9-302 — MT Code / Title 46 / Chapter 9 / Part 3 / Section 46-9-302
46-9-302 Bail schedule -- acceptance by peace officer
Status: in_force

46-9-302 . Bail schedule -- acceptance by peace officer. (1) A judge may establish and post a schedule of bail for offenses over which the judge has original jurisdiction. A person may not be released on bail without first appearing before the judge when the offense is:

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

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

(c) stalking, as defined in 45-5-220 ;

(d) violation of an order of protection, as defined in 45-5-626 ; or

(e) violation of a no contact order, as defined in 45-5-209 .

(2) A peace officer may:

(a) accept bail on behalf of a judge:

(i) in accordance with the bail schedule established under subsection (1); or

(ii) whenever the warrant of arrest specifies the amount of bail; or

(b) with the offender's permission, accept an unexpired driver's license in lieu of bail for a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, as provided in subsection (4).

(3) Whenever a peace officer accepts bail, the officer shall give a signed receipt to the offender setting forth the bail received. The peace officer shall then deliver the bail to the judge before whom the offender is to appear, and the judge shall give a receipt to the peace officer for the bail delivered.

(4) Whenever a peace officer accepts an unexpired driver's license in lieu of bail, the peace officer shall give the offender a signed driving permit, in a form prescribed by the department. The permit must acknowledge the officer's acceptance of the offender's driver's license and serves as a valid temporary driving permit authorizing the operation of a motor vehicle by the offender. The permit is effective as of the date the permit is signed and remains in effect through the date of the appearance listed on the permit. The peace officer shall deliver the driver's license to the judge before whom the offender is to appear, and the judge shall give the peace officer a receipt acknowledging delivery of the offender's driver's license to the court. After the filing of the complaint and the appearance of the defendant, the judge shall assume jurisdiction and may extend the date of the driving permit for a period of up to 6 months from the defendant's initial appearance date.

(5) The judge shall return a driver's license that has been accepted in lieu of bail to a defendant:

(a) after the required bail has been posted or there has been a final determination of the charge; and

(b) if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.
Mont. Code Ann. § 46-16-116 — MT Code / Title 46 / Chapter 16 / Part 1 / Section 46-16-116
46-16-116 Peremptory challenges
Status: in_force

46-16-116 . Peremptory challenges. (1) Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information.

(2) If the indictment or information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight.

(3) The state is allowed the same number of peremptory challenges as all of the defendants.

(4) In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each.

(5) When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in writing upon the number of peremptory challenges to be allowed.
Mont. Code Ann. § 46-12-211 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-211
46-12-211 Plea agreement procedure -- use of two-way electronic audio-video communication
Status: in_force

46-12-211 . Plea agreement procedure -- use of two-way electronic audio-video communication. (1) The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:

(a) move for dismissal of other charges;

(b) agree that a specific sentence is the appropriate disposition of the case; or

(c) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that the recommendation or request may not be binding upon the court.

(2) Subject to the provisions of subsection (5), if a plea agreement has been reached by the parties, the court shall, on the record, require a disclosure of the agreement in open court or, on a showing of good cause in camera, at the time that the plea is offered. If the agreement is of the type specified in subsection (1)(a) or (1)(b), the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider a presentence report, if requested by the court pursuant to 46-18-111 . If the agreement is of the type specified in subsection (1)(c), the court shall advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw the plea.

(3) If the court accepts a plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.

(4) If the court rejects a plea agreement of the type specified in subsection (1)(a) or (1)(b), the court shall, on the record, inform the parties of this fact and advise the defendant that the court is not bound by the plea agreement, afford the defendant an opportunity to withdraw the plea, and advise the defendant that if the defendant persists in the guilty or nolo contendere plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.

(5) For purposes of this section, a disclosure of the agreement through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be a disclosure in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201 .
Mont. Code Ann. § 46-6-507 — MT Code / Title 46 / Chapter 6 / Part 5 / Section 46-6-507
46-6-507 Arrest by probation and parole officer or corrections officer
Status: in_force

46-6-507 . Arrest by probation and parole officer or corrections officer. (1) A probation and parole officer who, while in the course of conducting the officer's duties, has a reasonable suspicion that a person is interfering or will interfere with the officer's duties or has probable cause to believe that the person is committing or has committed an offense may detain the person. The probation and parole officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.

(2) A corrections officer employed by the department of corrections pursuant to 44-4-401 (2)(a) who, while in the course of conducting the officer's duties on the property of a state correctional facility for adults or juveniles, has reasonable suspicion to believe a person is committing or has committed a violation of 45-6-203 , 45-7-306 , or 45-7-307 or is aiding or abetting an offender in violation of 45-6-203 , 45-7-306 , or 45-7-307 , may detain the person. The corrections officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.
Mont. Code Ann. § 46-15-120 — MT Code / Title 46 / Chapter 15 / Part 1 / Section 46-15-120
46-15-120 Exemption from arrest and service of process
Status: in_force

46-15-120 . Exemption from arrest and service of process. (1) If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person may not, while in this state pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.

(2) If a person passes through this state while going to another state in obedience to a subpoena or order to attend and testify in that state, the person may not, while passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.
Mont. Code Ann. § 46-9-111 — MT Code / Title 46 / Chapter 9 / Part 1 / Section 46-9-111
46-9-111 Release on own recognizance
Status: in_force

46-9-111 . Release on own recognizance. Any person in custody, if otherwise eligible for bail, may be released on the person's personal recognizance subject to conditions that the court may reasonably prescribe to ensure the person's appearance when required. Any person released as provided in this section must be fully apprised by the court of the penalty provided for failure to comply with the terms of the person's recognizance.
Mont. Code Ann. § 46-12-203 — MT Code / Title 46 / Chapter 12 / Part 2 / Section 46-12-203
46-12-203 Time allowed to answer
Status: in_force

46-12-203 . Time allowed to answer. If on the arraignment the defendant requires it, the defendant must be allowed a reasonable time, not less than 1 day, to answer or otherwise plead to the indictment, information, or complaint. The answer may include appropriate pretrial motions.
Mont. Code Ann. § 46-15-402 — MT Code / Title 46 / Chapter 15 / Part 4 / Section 46-15-402
46-15-402 Procedure at videotaping
Status: in_force

46-15-402 . Procedure at videotaping. (1) The procedural and evidentiary rules of the state of Montana which are applicable to criminal trials within the state of Montana shall apply to the videotape proceedings authorized by this part.

(2) The district court judge, the prosecuting attorney, the victim, the defendant, the defendant's attorney, and such persons as are deemed necessary by the court to make the recordings authorized under this part shall be allowed to attend the videotape proceedings.
Mont. Code Ann. § 46-20-306 — MT Code / Title 46 / Chapter 20 / Part 3 / Section 46-20-306
46-20-306 Superseded
Status: in_force

46-20-306 . Superseded. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
Mont. Code Ann. § 46-9-403 — MT Code / Title 46 / Chapter 9 / Part 4 / Section 46-9-403
46-9-403 Qualifying property as bail
Status: in_force

46-9-403 . Qualifying property as bail. (1) If property posted as a condition of release is personal property, the defendant or sureties shall file a sworn schedule that must contain a list of the personal property, including a description of each item, its location and market value, and the total market value of all items listed.

(2) If the property is real estate:

(a) the defendant or sureties shall file a sworn schedule that must contain a legal description of the property, a description of any and all encumbrances on the property, including the amount of each and the holder of the encumbrance, and the market value of the unencumbered equity owned by the defendant or sureties; and

(b) a certified copy of the schedule of the property must be filed immediately by the court in the office of the clerk and recorder of the county in which the property is situated. The state has a lien on the property from the time the copy is filed. The clerk and recorder shall enter, index, and record the schedule without requiring any fee.

(3) If the property posted as a condition of release is a written undertaking with sureties, each surety must be a resident or freeholder within the state. Each surety must be worth the amount specified in the undertaking, exclusive of property exempt from execution, but the court or judge on taking the property may allow more than two sureties to justify severally and in amounts less than that expressed in the undertaking if the whole justification is equivalent to the amount required.

(4) If the property posted as a condition of release is a commercial bond, it may be executed by any domestic or foreign surety company that is qualified to transact surety business in this state. The undertaking must be in the form prescribed by the commissioner of insurance and must state the following:

(a) the name and address of the commercial surety company that issued the bond;

(b) the amount of the bond and the unqualified obligation of the surety company to pay the court should the defendant fail to appear as guaranteed; and

(c) a provision that the surety company may not revoke the undertaking without good cause.

(5) The court may examine the sufficiency of an undertaking and take any action it considers proper to ensure that a sufficient undertaking is posted.