reglab/housing_qa huggingface dataset:
MT Code § 46-17-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-302. Execution of judgment

  46-17-302. Execution of judgment. (1) The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted.   (2) When a judgment of imprisonment is entered, a certified copy of the judgment must be delivered to the sheriff or other officer, which is a sufficient warrant for its execution.   (3) If a judgment is rendered imposing a fine only without imprisonment for nonpayment and the offender is not detained for any other legal cause, the offender must be discharged as soon as the judgment is given.   (4) A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.   (5) Any officer charged with the collection of fines under the provisions of this chapter shall return the execution to the judge within 30 days from its delivery to the officer and pay the money collected to the judge after deducting the officer's fees for the collection.   History: En. 95-2008 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2008(part); amd. Sec. 1, Ch. 270, L. 1989; amd. Sec. 1753, Ch. 56, L. 2009; amd. Sec. 1, Ch. 335, L. 2009.
MT Code § 46-17-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-303. Deposit of fines -- collection

  46-17-303. Deposit of fines -- collection. (1) Except as provided in subsection (2), all fines imposed and collected by the court must be paid to the appropriate treasurer of the county, city, or town within 30 days of receipt. The judge shall file a copy of any receipt given for a collected fine with the appropriate county, city, or town clerk.   (2) (a) The court may contract with a private person or entity for the collection of any final judgment that requires a payment to the court.   (b) In the event that a private person or entity is retained to collect a judgment, the court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.   (c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the court must be added to the judgment amount.   (3) If the judgment is for a fine alone, execution may issue on the judgment for any unpaid interest accrued on the judgment, costs, and fees in collecting the fine as on a judgment in a civil case.   History: En. 95-2008 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2008(part); amd. Sec. 29, Ch. 557, L. 1987; amd. Sec. 2, Ch. 63, L. 1999; amd. Sec. 15, Ch. 515, L. 2001; amd. Sec. 7, Ch. 510, L. 2003.
MT Code § 46-17-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-304. Disposition of fines for city ordinance violations when appealed

  46-17-304. Disposition of fines for city ordinance violations when appealed. All fines obtained from a judgment in a higher court on an appeal from a city court for violation of a city ordinance, tried de novo in the higher court, shall be paid to the county treasurer, who shall, before 31 days after receipt of the sum, forward one-half of the amount to the treasurer of the city in which the action originated.   History: En. Sec. 1, Ch. 32, L. 1967; R.C.M. 1947, 95-2008.1.
MT Code § 46-17-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-305. through 46-17-310 reserved

  46-17-305 through 46-17-310 reserved.
MT Code § 46-17-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-311. Appeal from justices', municipal, and city courts

  46-17-311. Appeal from justices', municipal, and city courts. (1) Except as provided in 46-17-203(2)(b) or subsection (4) of this section and except for cases in which legal issues are preserved for appeal pursuant to 46-12-204, all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six selected in the same manner as for other criminal cases. An appeal from a municipal court to the district court is governed by 3-6-110, an appeal from a justice's court of record is governed by 3-10-115, and an appeal from a city court of record is governed by 3-11-110.   (2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial or the denial of the motion to withdraw a plea as provided in 46-17-203(2)(b). In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date that the order complained of is given. The prosecution may appeal only in the cases provided for in 46-20-103.   (3) Within 30 days of timely filing the notice of appeal, the court shall transfer the entire record of the court of limited jurisdiction to the district court. The court of limited jurisdiction has no duty to transmit the record if the notice of appeal is not timely filed. The defendant may petition the district court to order the record transmitted upon a showing of good cause for failure to timely file the notice of appeal.   (4) A defendant may appeal a justice's court, other than a justice's court of record, or city court, other than a city court of record, revocation of a suspended sentence to the district court. The district court judge shall determine whether the suspended sentence will be revoked. A jury trial is not available in a sentence revocation procedure.   (5) If, on appeal to the district court, the defendant fails to appear for a scheduled court date or meet a court deadline, the court may, except for good cause shown, dismiss the appeal on the court's own initiative or on motion by the prosecution and the right to a jury trial is considered waived by the defendant. Upon dismissal, the appealed judgment is reinstated and becomes the operative judgment.   History: En. 95-2009 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 34, Ch. 184, L. 1977; amd. Sec. 55, Ch. 344, L. 1977; R.C.M. 1947, 95-2009; amd. Sec. 20, Ch. 116, L. 1979; amd. Sec. 1, Ch. 333, L. 1985; amd. Sec. 4, Ch. 277, L. 1989; amd. Sec. 217, Ch. 800, L. 1991; amd. Sec. 39, Ch. 262, L. 1993; amd. Sec. 3, Ch. 129, L. 1997; amd. Sec. 1, Ch. 149, L. 1997; amd. Sec. 3, Ch. 346, L. 1999; amd. Sec. 1, Ch. 13, L. 2003; amd. Sec. 2, Ch. 354, L. 2003; amd. Sec. 12, Ch. 389, L. 2003; amd. Sec. 12, Ch. 557, L. 2005; amd. Sec. 6, Ch. 38, L. 2011.
MT Code § 46-17-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 4. Procedure in Municipal Court|46-17-401. Applicability of district court rules

  46-17-401. Applicability of district court rules. Except as otherwise provided by Title 3, chapter 6, and this part, the proceedings and practice in municipal court shall be the same as in district court.   History: En. Sec. 20, Ch. 177, L. 1935; re-en. Sec. 5094.19, R.C.M. 1935; R.C.M. 1947, 11-1719(part).
MT Code § 46-17-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 4. Procedure in Municipal Court|46-17-402. Fees and fines -- collection

  46-17-402. Fees and fines -- collection. (1) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in 61-8-726 and subsection (2) of this section, all fees and fines collected by the court must be paid into the city treasury.   (2) (a) The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court.   (b) In the event that a private person or entity is retained to collect a judgment, the municipal court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.   (c) The municipal court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment.   History: En. Sec. 18, Ch. 177, L. 1935; re-en. Sec. 5094.18, R.C.M. 1935; amd. Sec. 10, Ch. 429, L. 1977; R.C.M. 1947, 11-1718; amd. Sec. 3, Ch. 63, L. 1999; amd. Sec. 16, Ch. 515, L. 2001; amd. Sec. 3, Ch. 232, L. 2005.
MT Code § 46-17-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 4. Procedure in Municipal Court|46-17-403. Jury trial

  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.   History: En. Sec. 15, Ch. 177, L. 1935; re-en. Sec. 5094.15, R.C.M. 1935; R.C.M. 1947, 11-1715(part).
MT Code § 46-17-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 4. Procedure in Municipal Court|46-17-404. Appeals

  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.   History: En. Sec. 17, Ch. 177, L. 1935; re-en. Sec. 5094.17, R.C.M. 1935; amd. Sec. 9, Ch. 429, L. 1977; R.C.M. 1947, 11-1717(1), (2).
MT Code § 46-18-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-101. Correctional and sentencing policy

  46-18-101. Correctional and sentencing policy. (1) It is the purpose of this section to establish the correctional and sentencing policy of the state of Montana. Laws for the punishment of crime are drawn to implement the policy established by this section.   (2) The correctional and sentencing policy of the state of Montana is to:   (a) punish each offender commensurate with the nature and degree of harm caused by the offense and to hold an offender accountable;   (b) protect the public, reduce crime, and increase the public sense of safety by incarcerating violent offenders and serious repeat offenders;   (c) provide restitution, reparation, and restoration to the victim of the offense; and   (d) encourage and provide opportunities for the offender's self-improvement to provide rehabilitation and reintegration of offenders back into the community.   (3) To achieve the policy outlined in subsection (2), the state of Montana adopts the following principles:   (a) Sentencing and punishment must be certain, timely, consistent, and understandable.   (b) Sentences should be commensurate with the punishment imposed on other persons committing the same offenses.   (c) Sentencing practices must be neutral with respect to the offender's race, gender, religion, national origin, or social or economic status.   (d) Sentencing practices must permit judicial discretion to consider aggravating and mitigating circumstances.   (e) Sentencing practices must include punishing violent and serious repeat felony offenders with incarceration.   (f) Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.   (g) Sentencing and correctional practices must emphasize that the offender is responsible for obeying the law and must hold the offender accountable for the offender's actions.   (h) Sentencing practices must emphasize restitution to the victim by the offender. A sentence must require an offender who is financially able to do so to pay restitution, costs as provided in 46-18-232, costs of assigned counsel, as provided in 46-8-113, and, if the offender is a sex offender, costs of any chemical treatment.   (i) Sentencing practices should promote and support practices, policies, and programs that focus on restorative justice principles.   History: En. 95-2201 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2201; amd. Sec. 1, Ch. 533, L. 1983; amd. Sec. 2, Ch. 794, L. 1991; amd. Sec. 64, Ch. 10, L. 1993; amd. Sec. 6, Ch. 125, L. 1995; amd. Sec. 211, Ch. 546, L. 1995; amd. Sec. 3, Ch. 189, L. 1997; amd. Sec. 1, Ch. 474, L. 1997; amd. Sec. 4, Ch. 581, L. 2001; amd. Sec. 51, Ch. 449, L. 2005.
MT Code § 46-18-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-102. Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication

  46-18-102. Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication. (1) The judgment must be rendered in open court. For purposes of this section, a judgment rendered through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be a judgment rendered in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.   (2) If the verdict or finding is not guilty, judgment must be rendered immediately and the defendant must be discharged from custody or from the obligation of a bail bond.   (3) (a) Except as provided in 46-18-301, if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.   (b) When the sentence is pronounced, the judge shall clearly state for the record the reasons for imposing the sentence.   History: En. 95-2202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2202; amd. Sec. 1, Ch. 46, L. 1983; amd. Sec. 4, Ch. 163, L. 1997; amd. Sec. 1, Ch. 378, L. 1997; amd. Sec. 5, Ch. 222, L. 2005.
MT Code § 46-18-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-103. Sentence to be imposed by judge

  46-18-103. Sentence to be imposed by judge. All sentences under this chapter shall be imposed exclusively by the judge of the court.   History: En. 95-2212 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2212.
MT Code § 46-18-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-104. Definitions

  46-18-104. Definitions. As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply:   (1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303.   (2) (a) "Crime of violence" means:   (i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;   (ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or   (iii) an offense under:   (A) 45-5-215;   (B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;   (C) 45-5-503, except as provided in subsection (2)(b) of this section;   (D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;   (E) 45-5-508;   (F) 45-5-603;   (G) 45-5-702;   (H) 45-5-703;   (I) 45-5-704; or   (J) 45-5-705.   (b) In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.   (3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.   (4) "Restorative justice" has the meaning provided in 44-7-302.   History: En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019.
MT Code § 46-18-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-105. Community corrections facilities or programs

  46-18-105. Community corrections facilities or programs. The department of corrections may provide community corrections facilities or programs for the rehabilitation of nonviolent felony offenders, as authorized under Title 53, chapter 30, part 3.   History: En. Sec. 5, Ch. 794, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 212, Ch. 546, L. 1995.
MT Code § 46-18-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-106. through 46-18-110 reserved

  46-18-106 through 46-18-110 reserved.
MT Code § 46-18-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-112. Content of presentence investigation report

  46-18-112. Content of presentence investigation report. (1) Whenever an investigation is requested by the court, the probation and parole officer shall promptly inquire into and report upon:   (a) the defendant's characteristics, circumstances, needs, and potentialities, as reflected in a validated risk and needs assessment;   (b) the defendant's criminal record and social history;   (c) the circumstances of the offense;   (d) the time of the defendant's detention for the offenses charged;   (e) the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and   (f) the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not available or declines to confer, the officer shall record that information in the report.   (2) The following information pertaining to the defendant may also be included or considered in the report:   (a) prior criminal history;   (b) probation or parole history;   (c) official version of the offense or offenses;   (d) custody status;   (e) pending cases or charges against the defendant;   (f) probation officer recommendations;   (g) gang affiliation;   (h) background and ties to the community;   (i) history of substance use disorder;   (j) physical and mental health;   (k) employment history and status;   (l) education history; and   (m) prescreening and placement options.   (3) All local and state mental and correctional institutions, courts, and law enforcement agencies shall furnish, upon request of the officer preparing a presentence investigation, the defendant's criminal record and other relevant information.   (4) The court may, in its discretion, require that the presentence investigation report include a physical and mental examination of the defendant.   (5) Upon sentencing, the court shall forward to the sheriff all information contained in the presentence investigation report concerning the physical and mental health of the defendant, and the information must be delivered with the defendant as required in 46-19-101.   History: En. 95-2204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2204; amd. Sec. 219, Ch. 800, L. 1991; amd. Sec. 41, Ch. 262, L. 1993; amd. Sec. 7, Ch. 125, L. 1995; amd. Sec. 1, Ch. 53, L. 2009; amd. Sec. 2, Ch. 199, L. 2017; amd. Sec. 13, Ch. 456, L. 2019.
MT Code § 46-18-113 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-113. Availability of presentence investigation report

  46-18-113. Availability of presentence investigation report. (1) All presentence investigation reports must be a part of the court record but may not be opened for public inspection. A copy of the presentence investigation report must be provided to the prosecution, the defendant and the defendant's attorney, the probation and parole officer, and the agency or institution to which the defendant is committed. The prosecutor may disclose the contents of the presentence report to a victim of the offense.   (2) The court having jurisdiction of the case may permit other access to the presentence investigation report as it considers necessary.   History: En. 95-2205 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2205; amd. Sec. 220, Ch. 800, L. 1991; amd. Sec. 8, Ch. 125, L. 1995; amd. Sec. 5, Ch. 189, L. 1997.
MT Code § 46-18-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 1. Policy and Preliminary Procedure|46-18-114. reserved

  46-18-114 reserved.