reglab/housing_qa huggingface dataset:
MT Code § 45-9-204 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 2. Procedural Provisions|45-9-204. Immunity from liability

  45-9-204. Immunity from liability. (1) Except as provided in subsections (2) and (3), if a court imposes mandatory service under 45-9-202(2)(c) or community service under 45-9-202(2)(d), a public or private agency supervising the service, treatment, or education program in which the defendant is participating and the officers, agents, and employees of the public or private agency are immune from liability to the defendant for any acts or omissions alleged to have occurred within the course and scope of supervision.   (2) The immunity provided in subsection (1) does not extend to acts or omissions alleged to constitute gross negligence or intentional acts.   (3) The immunity provided in subsection (1) for a public agency does not extend to claims for workers' compensation benefits when the defendant is injured while performing community service.   History: En. Sec. 3, Ch. 802, L. 1991.
MT Code § 45-9-205 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 2. Procedural Provisions|45-9-205. Exemption from mandatory minimum sentences

  45-9-205. Exemption from mandatory minimum sentences. If a sentencing judge imposes any of the sentencing alternatives specified in 45-9-202, the mandatory minimum sentences provided in 46-18-205(2) do not apply.   History: En. Sec. 4, Ch. 802, L. 1991; amd. Sec. 4, Ch. 125, L. 1995; amd. Sec. 1, Ch. 52, L. 1999.
MT Code § 45-9-207 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 2. Procedural Provisions|45-9-207. reserved

  45-9-207 reserved.
MT Code § 45-9-208 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 9. Dangerous Drugs|Part 2. Procedural Provisions|45-9-208. Repealed

  45-9-208. Repealed. Sec. 40, Ch. 321, L. 2017.   History: En. Sec. 1, Ch. 50, L. 1995; amd. Sec. 196, Ch. 42, L. 1997; amd. Sec. 15, Ch. 23, L. 2001.
MT Code § 45-10-102 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-102. Determination of what constitutes paraphernalia

  45-10-102. Determination of what constitutes paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:   (1) statements by an owner or by anyone in control of the object concerning its use;   (2) prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance or dangerous drug;   (3) the proximity of the object in time and space to a direct violation of this part;   (4) the proximity of the object to dangerous drugs;   (5) the existence of any residue of dangerous drugs on the object;   (6) direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know intend to use the object to facilitate a violation of 45-10-103 through 45-10-106. The innocence of an owner or of anyone in control of the object as to a direct violation of 45-10-103 through 45-10-106 does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.   (7) instructions, oral or written, provided with the object concerning its use;   (8) descriptive materials accompanying the object that explain or depict its use;   (9) national and local advertising concerning its use;   (10) the manner in which the object is displayed for sale;   (11) whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;   (12) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;   (13) the existence and scope of legitimate uses for the object in the community;   (14) expert testimony concerning its use.   History: En. Sec. 2, Ch. 481, L. 1981; amd. Sec. 1726, Ch. 56, L. 2009.
MT Code § 45-10-103 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-103. Criminal possession of drug paraphernalia

  45-10-103. Criminal possession of drug paraphernalia. Except as provided in Title 16, chapter 12, or 50-32-609, it is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.  History: En. Sec. 3, Ch. 481, L. 1981; amd. Sec. 2, Ch. 100, L. 2001; amd. Sec. 1, Ch. 156, L. 2009; amd. Sec. 16, Ch. 253, L. 2017; amd. Sec. 46, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 75, Ch. 576, L. 2021.
MT Code § 45-10-104 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-104. Manufacture or delivery of drug paraphernalia

  45-10-104. Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.   History: En. Sec. 4, Ch. 481, L. 1981.
MT Code § 45-10-105 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-105. Delivery of drug paraphernalia to minor

  45-10-105. Delivery of drug paraphernalia to minor. Any person 18 years of age or older who violates 45-10-104 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years younger is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 1 year or be fined not more than $1,000, or both.   History: En. Sec. 5, Ch. 481, L. 1981; amd. Sec. 1727, Ch. 56, L. 2009.
MT Code § 45-10-106 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-106. Advertisement of drug paraphernalia

  45-10-106. Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing or under circumstances where one reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined not more than $500, or both.   History: En. Sec. 6, Ch. 481, L. 1981.
MT Code § 45-10-107 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-107. Exemptions

  45-10-107. Exemptions. The provisions of this part do not apply to:  (1) practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice;   (2) persons acting in compliance with Title 16, chapter 12; or   (3) persons acting as employees or volunteers of an organization, including a nonprofit community-based organization, local health department, or tribal health department, that provides needle and syringe exchange services to prevent and reduce the transmission of communicable diseases.   History: En. Sec. 7, Ch. 481, L. 1981; amd. Sec. 91, Ch. 114, L. 2003; amd. Sec. 16, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 1, Ch. 96, L. 2017; amd. Sec. 47, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 76, Ch. 576, L. 2021.
MT Code § 45-10-108 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 10. Model Drug Paraphernalia Act|Part 1. General Provisions|45-10-108. Repealed

  45-10-108. Repealed. Sec. 40, Ch. 321, L. 2017.   History: En. Sec. 1, Ch. 50, L. 1995; amd. Sec. 197, Ch. 42, L. 1997; amd. Sec. 16, Ch. 23, L. 2001.
MT Code § 46-1-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 1. Purpose and Application of Title|46-1-101. Repealed

  46-1-101. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 184, L. 1977; R.C.M. 1947, 95-101.
MT Code § 46-1-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 1. Purpose and Application of Title|46-1-102. Repealed

  46-1-102. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-102 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-102.
MT Code § 46-1-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 1. Purpose and Application of Title|46-1-103. Scope -- purpose -- construction

  46-1-103. Scope -- purpose -- construction. (1) This title governs the practice and procedure in all criminal proceedings in the courts of Montana except where provision for a different procedure is specifically provided by law.   (2) This title is intended to provide for the just determination of every criminal proceeding. The purposes of this title are to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.   (3) Any irregularity in a proceeding specified by this title that does not affect the substantial rights of the accused must be disregarded.   History: En. Sec. 1, Ch. 800, L. 1991.
MT Code § 46-1-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 2. Definitions|46-1-201. Repealed

  46-1-201. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-201, 95-203, 95-204, 95-205, 95-206, 95-207, 95-208, 95-209, 95-210, 95-211.
MT Code § 46-1-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 3. Notice to Attorney General|46-1-301. Notice to be given to attorney general when state department or board initiates or intervenes in an action

  46-1-301. Notice to be given to attorney general when state department or board initiates or intervenes in an action. When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.   History: En. Sec. 1, Ch. 91, L. 1979.
MT Code § 46-1-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 3. Notice to Attorney General|46-1-302. Notice of appeal to be served on attorney general

  46-1-302. Notice of appeal to be served on attorney general. When a department or board of this state appeals from a judgment or order entered in any court of this state, a copy of the notice of appeal must be served on the attorney general.   History: En. Sec. 2, Ch. 91, L. 1979.
MT Code § 46-1-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 4. Incarceration Enhancement|46-1-401. Penalty enhancement -- pleading, proof, and mental state requirements

  46-1-401. Penalty enhancement -- pleading, proof, and mental state requirements. (1) A court may not impose a penalty enhancement specified in Title 45, Title 46, or any other provision of law unless:   (a) the enhancing act, omission, or fact was charged in the information, complaint, or indictment, with a reference to the statute or statutes containing the enhancing act, omission, or fact and the penalty for the enhancing act, omission, or fact;   (b) if the case was tried before a jury, the jury unanimously found in a separate finding that the enhancing act, omission, or fact occurred beyond a reasonable doubt;   (c) if the case was tried to the court without a jury, the court finds beyond a reasonable doubt that the enhancing act, omission, or fact occurred; and   (d) a defendant who knowingly and voluntarily pleaded guilty to an offense also admitted to the enhancing act, omission, or fact.   (2) The enhancement issue may be submitted to a jury on a form separate from the verdict form or may be separately stated on the verdict form. The jury must be instructed that it is to reach a verdict on the offense charged in the information, complaint, or indictment before the jury can consider whether the enhancing act, omission, or fact occurred.   (3) An enhancing act, omission, or fact is an act, omission, or fact, whether stated in the statute defining the charged offense or stated in another statute, that is not included in the statutory definition of the elements of the charged offense and that allows or requires a sentencing court to add to, as provided by statute, a penalty provided by statute for the charged offense or to impose the death penalty instead of a statutory incarceration period provided by statute for the charged offense. Except as provided in subsection (4), the aggravating circumstances contained in 46-18-303 are enhancing acts, omissions, or facts.   (4) Use of the fact of one or more prior convictions for the same type of offense or for one or more other types of offenses to enhance the penalty for a charged offense is not subject to the requirements of this section.   History: En. Sec. 1, Ch. 524, L. 2001; amd. Sec. 1, Ch. 154, L. 2003.
MT Code § 46-1-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-501. Definitions

  46-1-501. Definitions. As used in this part, the following definitions apply:   (1) "Mediation" has the meaning provided in 26-1-813(1).   (2) "Party" means any one of the following, and "parties" means all of the following:   (a) the defendant;   (b) a victim of the crime; or   (c) the county attorney or other prosecuting attorney.   History: En. Sec. 1, Ch. 203, L. 2007.
MT Code § 46-1-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-502. Mediation

  46-1-502. Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.   (2) The proceeding may not be referred for mediation if the offense charged is:   (a) deliberate homicide, as described in 45-5-102;   (b) mitigated deliberate homicide, as described in 45-5-103;   (c) intimidation, as described in 45-5-203;   (d) partner or family member assault, as described in 45-5-206;   (e) assault on a minor, as described in 45-5-212;   (f) strangulation of a partner or family member, as described in 45-5-215;   (g) stalking, as described in 45-5-220;   (h) aggravated kidnapping, as described in 45-5-303;   (i) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;   (j) endangering the welfare of children, as described in 45-5-622;   (k) sexual abuse of children, as described in 45-5-625; or   (l) ritual abuse of a minor, as described in 45-5-627.   (3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.   (4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.   (5) This section does not prohibit the parties from engaging in traditional plea negotiations.   History: En. Sec. 2, Ch. 203, L. 2007; amd. Sec. 6, Ch. 225, L. 2013; amd. Sec. 8, Ch. 394, L. 2017.
MT Code § 46-1-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-503. Factors to use in determining appropriateness of mediation

  46-1-503. Factors to use in determining appropriateness of mediation. In deciding whether mediation is appropriate, the court may consider:   (1) the nature of the offense;   (2) any special circumstances or characteristics of the defendant or any victim;   (3) whether the defendant previously participated in mediation in the current or a prior proceeding;   (4) whether it is probable that the defendant will cooperate with the mediator;   (5) the recommendation of any victim or victims;   (6) the recommendation of any involved law enforcement agency;   (7) whether a qualified mediator is available;   (8) the type of sentence, including any treatment, that the defendant would most likely be amenable to, whether the best interests of the defendant and the security of the public may require that the defendant be placed in secure detention or under supervision, and whether there are facilities available for treatment and rehabilitation of the defendant;   (9) whether there is evidence that the charged offense included violence or was otherwise committed in an aggressive and premeditated manner;   (10) the motivation for the commission of the charged offense;   (11) the age of the defendant and of any codefendant or victim;   (12) the previous history of the defendant, including any criminal history and any other prior antisocial behavior or pattern of physical violence;   (13) the sophistication and maturity of the defendant as determined by factors such as home, employment, school activities, emotional attitude, and pattern of living;   (14) whether any victim wishes to address the parties and mediator during mediation; and   (15) other matters that the court believes are relevant.   History: En. Sec. 3, Ch. 203, L. 2007.
MT Code § 46-1-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-504. Procedure following mediation

  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.   History: En. Sec. 4, Ch. 203, L. 2007.
MT Code § 46-1-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-505. Privilege and confidentiality

  46-1-505. Privilege and confidentiality. Mediation communications and documents are privileged and confidential and may not be disclosed in any judicial or administrative proceeding except when:   (1) the parties to the mediation agree, in writing, to disclosure;   (2) a written agreement by the parties to mediate permits disclosure;   (3) a communication or document provides evidence of an ongoing or future criminal activity;   (4) disclosure is necessary to prevent an action or event that is reasonably likely to result in death, serious bodily harm, or substantial injury to the financial interests or property of another;   (5) a communication or document is necessary to defend against a legal malpractice claim by the defendant against the defendant's attorney; or   (6) a communication or document is relevant to determining the existence of an agreement that resulted from the mediation or to the enforcement of an agreement.   History: En. Sec. 5, Ch. 203, L. 2007.
MT Code § 46-1-506 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-506. Right to speedy trial

  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.   History: En. Sec. 6, Ch. 203, L. 2007.
MT Code § 46-1-507 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 5. Mediation of Criminal Proceedings|46-1-507. Costs

  46-1-507. Costs. The mediation costs must be paid equally by the defendant and the prosecution, except that if a defendant is eligible for a public defender, the public defender shall pay the mediation costs.   History: En. Sec. 7, Ch. 203, L. 2007.
MT Code § 46-1-1101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 11. Drug Offender Accountability and Treatment|46-1-1101. Short title

  46-1-1101. Short title. This part may be cited as the "Drug Offender Accountability and Treatment Act".   History: En. Sec. 1, Ch. 282, L. 2005.
MT Code § 46-1-1102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 11. Drug Offender Accountability and Treatment|46-1-1102. Purpose

  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.   History: En. Sec. 2, Ch. 282, L. 2005.
MT Code § 46-1-1105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 1. General Provisions|Part 11. Drug Offender Accountability and Treatment|46-1-1105. through 46-1-1109 reserved

  46-1-1105 through 46-1-1109 reserved.