reglab/housing_qa huggingface dataset:
MT Code § 46-30-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-405. No immunity from other criminal prosecutions

  46-30-405. No immunity from other criminal prosecutions. After a person has been brought back to this state by extradition proceedings, the person may be tried in this state for other crimes that the person may be charged with having committed here as well as that specified in the requisition for the person's extradition.   History: En. 95-3130 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3130; amd. Sec. 1792, Ch. 56, L. 2009.
MT Code § 46-30-406 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-406. through 46-30-410 reserved

  46-30-406 through 46-30-410 reserved.
MT Code § 46-30-411 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-411. Expenses of bringing fugitives back to this state

  46-30-411. Expenses of bringing fugitives back to this state. (1) When the governor of this state, in the exercise of the authority conferred by Article IV, section 2, of the constitution of the United States or by the laws of this state, demands from the executive authority of any state of the United States or of any foreign government the surrender to the authorities of this state of a fugitive from justice who has been found and arrested in that state or foreign government, the accounts of the person employed by the governor to bring back the fugitive must be audited by the governor and paid out of the state treasury.   (2) An agent of this state authorized to return a fugitive from justice to this state may use commercial transportation, aircraft, or motor vehicle to return the fugitive. If the fugitive is returned to this state by an officer or employee of the state or of a political subdivision of the state, the agent must be paid travel expenses, as provided for in 2-18-501 through 2-18-503, incurred in returning the fugitive to this state. If the governor's authorized agent contracts for the performance of the transportation with a person or entity who is not an officer or employee of the state or of a political subdivision of the state, the expenses must be paid in accordance with the rate established by the contracting parties, as approved by the office of the governor.   History: (1)En. 95-3124 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 18, Ch. 343, L. 1977; Sec. 95-3124, R.C.M. 1947; (2)En. Sec. 1, Ch. 331, L. 1975; amd. Sec. 31, Ch. 453, L. 1977; Sec. 95-3124.1, R.C.M. 1947; R.C.M. 1947, 95-3124, 95-3124.1; amd. Sec. 3, Ch. 446, L. 1979; amd. Sec. 2, Ch. 371, L. 2001; amd. Sec. 1, Ch. 39, L. 2011.
MT Code § 46-30-412 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-412. Restrictions on compensation for assisting return of fugitive

  46-30-412. Restrictions on compensation for assisting return of fugitive. No compensation, fee, or reward of any kind may be paid to or received by a public officer of this state or other person for a service rendered in procuring from the governor the demand mentioned in 46-30-411(1), for the surrender of the fugitive, or for conveying the fugitive to this state or detaining the fugitive in this state except as provided in 46-30-411.   History: En. 95-3125 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 57, Ch. 184, L. 1977; R.C.M. 1947, 95-3125; amd. Sec. 1793, Ch. 56, L. 2009.
MT Code § 46-30-413 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-413. Penalty for illegal compensation

  46-30-413. Penalty for illegal compensation. Every person who violates any of the provisions of 46-30-412 is guilty of a misdemeanor.   History: En. 95-3126 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3126.
MT Code § 46-31-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 31. Interstate Agreement on Detainers|Part 1. Contents of Agreement|46-31-102. Jurisdiction of district courts

  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.   History: En. Sec. 2, Ch. 215, L. 1963; Sec. 94-1101-2, R.C.M. 1947; redes. 95-3132 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3132.
MT Code § 46-31-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 31. Interstate Agreement on Detainers|Part 2. Enforcement of Agreement|46-31-201. Public agencies to cooperate in enforcement

  46-31-201. Public agencies to cooperate in enforcement. All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.   History: En. Sec. 3, Ch. 215, L. 1963; Sec. 94-1101-3, R.C.M. 1947; redes. 95-3133 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3133.
MT Code § 46-31-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 31. Interstate Agreement on Detainers|Part 2. Enforcement of Agreement|46-31-202. Warden to give over inmate

  46-31-202. Warden to give over inmate. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.   History: En. Sec. 5, Ch. 215, L. 1963; Sec. 94-1101-5, R.C.M. 1947; redes. 95-3135 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3135.
MT Code § 46-31-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 31. Interstate Agreement on Detainers|Part 2. Enforcement of Agreement|46-31-203. Coordinator of agreement

  46-31-203. Coordinator of agreement. The governor shall appoint an officer of this state as coordinator of this agreement who, acting jointly with like officers of party states, shall promulgate rules to carry out more effectively the terms and provisions of this chapter and who shall provide within and without the state information necessary to the effective operation of this agreement.   History: En. Sec. 6, Ch. 215, L. 1963; Sec. 94-1101-6, R.C.M. 1947; redes. 95-3136 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3136.
MT Code § 46-31-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 31. Interstate Agreement on Detainers|Part 2. Enforcement of Agreement|46-31-204. Penalty for escape from custody on detainer

  46-31-204. Penalty for escape from custody on detainer. Every prisoner confined in state prison for a term less than for life who has been lawfully delivered into the temporary custody of appropriate officers of a party state for trial on a charge or detainer based on an untried indictment, information, or complaint and who escapes is punishable by a fine in an amount not to exceed $50,000 or by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or both. The second term of imprisonment must commence from the time the prisoner would otherwise have been discharged from prison.   History: En. Sec. 4, Ch. 215, L. 1963; Sec. 94-1101-4, R.C.M. 1947; redes. 95-3134 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3134; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1795, Ch. 56, L. 2009.
MT Code § 46-32-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-101. Definitions

  46-32-101. (Temporary) Definitions. As used in this part, the following definitions apply:  (1) "Claimant" means a person who:   (a) was convicted and subsequently imprisoned for one or more felony crimes that the person did not commit;   (b) is not currently serving a term of imprisonment; and   (c) meets the requirements of 46-32-102.   (2) "Imprisonment" means a term of confinement of at least 6 months in a correctional institution as defined in 45-2-101. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 1, Ch. 574, L. 2021.
MT Code § 46-32-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-102. Contents of petition -- establishment of claim for compensation

  46-32-102 (Temporary) Contents of petition -- establishment of claim for compensation. (1) A claimant may bring a civil action against the state and county of conviction in the district court in which the conviction originated to seek the relief provided for in 46-32-106. All claims of compensation are governed by the Montana Rules of Civil Procedure. The claim must be:  (a) accompanied by a statement of facts explaining the basis of the claim, including a proffer establishing actual innocence;   (b) written and verified by the claimant under penalty of perjury; and   (c) filed within a period of 3 years after:   (i) dismissal of the criminal charges against the claimant or a finding of not guilty on retrial; or   (ii) the grant of a pardon to the claimant if the pardon is based on innocence for the act that was the basis of the conviction.   (2) A claimant convicted, imprisoned, and released from custody before July 1, 2021, who intends to bring an action under this part shall commence the action no later than July 1, 2024.   (3) All pleadings must be captioned as follows: "In the matter of the wrongful conviction of [name of claimant]."   (4) (a) A claimant who meets the criteria in subsection (1) and intends to bring an action under this part must receive a transition assistance grant of $5,000 from the department of corrections within 30 days of the claimant's release from imprisonment.   (b) The claimant shall verify by affidavit filed with the department of corrections that the claimant satisfies the requirements set forth in subsection (1), under penalty of perjury.   (c) If the claimant fails to file a claim within the time period described in this section or if the claim is denied by the district court, the claimant shall reimburse the state in the amount of $5,000 within 1 year following receipt of the grant money. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 2, Ch. 574, L. 2021.
MT Code § 46-32-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-103. Election of remedies

  46-32-103. (Temporary) Election of remedies. (1) To be eligible to receive relief under 46-32-102, the claimant shall affirmatively waive any and all other remedies, causes of action, and other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment. This waiver includes all state, common law, and federal claims for relief, including claims pursuant to 42 U.S.C. 1983. The claimant shall execute a release of all claims against the state, any political subdivision of the state, and their officers, employees, agents and volunteers arising from the facts contained in the petition prior to the payment of any damages or compensation or the receipt of a housing voucher under 46-32-106.  (2) An individual who has a legal proceeding pending or in which judgment has been entered in state or federal court seeking damages or relief for wrongful conviction or imprisonment based on facts that could establish a cognizable claim pursuant to this part may not bring a claim under 46-32-102. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 3, Ch. 574, L. 2021.
MT Code § 46-32-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-105. Expungement

  46-32-105. (Temporary) Expungement. (1) Upon entry of a certificate of innocence, the court shall order the associated convictions and arrest records expunged and purged from all applicable systems, including both electronic and hard copy systems. The court shall enter the expungement order regardless of whether the claimant has prior criminal convictions in other cases that are not the subject of the claim for compensation.  (2) The order of expungement must state:   (a) the claimant's current full name;   (b) the claimant's full name at the time of arrest and conviction, if different from the claimant's current name;   (c) the claimant's sex, race, and date of birth;   (d) the crime for which the claimant was arrested and convicted;   (e) the date of the claimant's arrest and the date of the claimant's conviction; and   (f) the identity of the arresting law enforcement authority and the identity of the district court that rendered the conviction.   (3) The order of expungement also must direct the department of justice to purge the conviction and arrest information from the central repository of the criminal justice information network and all applicable databases. The clerk of the court shall send a certified copy of the order to the department of justice for immediate action, and the department shall carry out the order and notify the federal bureau of investigation, the department of corrections, and any other criminal justice agency that may have a record of the conviction and arrest. The department of justice shall provide confirmation of the action to the court.   (4) If a certificate of innocence and an order of expungement are entered, the claimant must be treated as not having been arrested or convicted of the crime or crimes to which the certificate of innocence applies.   (5) (a) Upon entry of a certificate of innocence:   (i) the court shall order the expungement and destruction of any associated biological samples from the claimant. The order must state the information required to be expunged and destroyed.   (ii) the court shall seal all district court records regarding the conviction. The district court records are only available upon a good cause finding by the court.   (iii) the clerk of the court shall send a certified copy of the order to the department of justice, which must carry out the order and provide confirmation of the action to the court.   (b) The department is not required to expunge and destroy any samples record associated with the claimant related to an offense other than the offense or offenses for which the court has entered a certificate of innocence.   (6) The decision to grant or deny a certificate of innocence does not have a res judicata effect on any other criminal proceedings involving the claimant. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 5, Ch. 574, L. 2021.
MT Code § 46-32-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-106. Damages

  46-32-106. (Temporary) Damages. (1) Damages, except as provided in subsection (3), awarded under this section are:  (a) $60,000 for each year of imprisonment; and   (b) $25,000 for each additional year served on parole or probation supervision or for each additional year the claimant was required to register as a sexual or violent offender, whichever is greater.   (2) Compensation awarded under this part is not subject to the monetary limitation under 2-9-108.   (3) All damages must be paid out of the account provided for in 46-32-108.   (4) A claimant is not entitled to receive compensation for any period of imprisonment during which the claimant was concurrently serving a sentence for a conviction of another crime for which the claimant was lawfully convicted and incarcerated.   (5) (a) Except as provided in subsection (5)(b), the court shall order that the award be paid as a combination of an initial payment not to exceed $100,000 or 25% of the award, whichever is greater, and the remainder as an annuity not to exceed $80,000 a year.   (b) (i) On July 1 of each year, the award increases by an amount equal to the percentage increase, if any, for the preceding calendar year in the annual average consumer price index for urban wage earners, compiled by the bureau of labor statistics of the United States department of labor or its successor agency.   (ii) The amount for any partial year must be prorated in order to compensate only for the portion of the year when the claimant was incarcerated.   (c) The claimant shall designate a beneficiary or beneficiaries for the annuity by filing a beneficiary designation with the court.   (d) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the claimant.   (6) (a) In addition to the damages awarded pursuant to subsection (1), a claimant:   (i) is entitled to receive costs, including but not limited to the actual cost of all expenses reasonably incurred in an action brought pursuant to this part, and reasonable attorney fees, not to exceed a total of $25,000;   (ii) is entitled to up to 2 years of tuition assistance at any unit or campus of the Montana university system, which must be used during the first 5 years after receiving a damages award; and   (iii) is entitled to 1 year of state-funded medical insurance.   (b) All funds received by the claimant and the value of services provided, except any attorney fees retained by counsel, are exempt from state income taxes.   (7) The department of corrections shall provide a housing voucher pursuant to 46-23-1041 to the claimant while an action under this part is pending. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 6, Ch. 574, L. 2021.
MT Code § 46-32-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-107. Offset provision

  46-32-107. (Temporary) Offset provision. In the event the waiver or release provided under 46-32-103(1) is held invalid in whole or in part for any reason:  (1) if, at the time of an award of monetary damages or compensation under 46-32-106, the claimant has also been awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the amount awarded under 46-32-106 must be reduced by the amount of damages or compensation previously awarded; and   (2) if, after the time of an award of monetary damages or compensation under 46-32-106, the claimant is awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the claimant shall reimburse to the state or a political subdivision of the state any amount awarded under 46-32-106. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 7, Ch. 574, L. 2021.
MT Code § 46-32-108 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-108. Exoneree compensation fund

  46-32-108. (Temporary) Exoneree compensation fund. (1) There is an account in the state special revenue fund established in 17-2-102 known as the exoneree compensation fund.  (2) Money in this account may be used only to pay compensation awarded under this part.   (3) (a) Funds in the account may come from grants, gifts, donations, fund transfers, and funds received from counties and consolidated local governments.   (b) The county or consolidated government where the exoneree was convicted is responsible for 75% of the damages, costs of medical insurance and tuition, costs, and attorney fees awarded to a claimant.   (c) The department of administration shall invoice the responsible county or consolidated government no later than 30 days from the appeal deadline, if no appeal is filed, or no later than 30 days from entry of remittitur by the Montana supreme court.   (d) The county or consolidated local government shall remit payment to the state no later than 30 days of receipt of the invoice.   (4) The money in the account may be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.   (5) Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of administration for payment of damages, costs of medical insurance and tuition, costs, and attorney fees awarded pursuant to 46-32-106. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 8, Ch. 574, L. 2021.
MT Code § 47-1-101 (2021)
2021 Montana Code Annotated|Title 47. Access to Legal Services|Chapter 1. Statewide Public Defender System|Part 1. General|47-1-101. Short title

  47-1-101. Short title. This chapter may be cited as the "Montana Public Defender Act".   History: En. Sec. 1, Ch. 449, L. 2005.
MT Code § 47-1-102 (2021)
2021 Montana Code Annotated|Title 47. Access to Legal Services|Chapter 1. Statewide Public Defender System|Part 1. General|47-1-102. Purpose

  47-1-102. Purpose. The purposes of this chapter are to:   (1) establish a statewide public defender system to provide effective assistance of counsel to indigent criminal defendants and other persons in civil cases who are entitled by law to assistance of counsel at public expense;   (2) ensure that the system is free from undue political interference and conflicts of interest;   (3) provide that public defender services are delivered by qualified and competent counsel in a manner that is fair and consistent throughout the state;   (4) establish a system that utilizes state employees, contracted services, or other methods of providing services in a manner that is responsive to and respective of regional and community needs and interests;   (5) ensure that adequate public funding of the statewide public defender system is provided and managed in a fiscally responsible manner; and   (6) ensure that clients of the statewide public defender system pay reasonable costs for services provided by the system based on the clients' financial ability to pay.   History: En. Sec. 3, Ch. 449, L. 2005; amd. Sec. 5, Ch. 344, L. 2011.
MT Code § 47-1-103 (2021)
2021 Montana Code Annotated|Title 47. Access to Legal Services|Chapter 1. Statewide Public Defender System|Part 1. General|47-1-103. Definitions

  47-1-103. Definitions. As used in this chapter, unless the context clearly requires otherwise, the following definitions apply:   (1) "Court" means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court.   (2) "Director" means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029.   (3) "Indigent" means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel.   (4) "Office" means the office of state public defender established in 2-15-1029.   (5) "Public defender" means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division.   (6) "Statewide public defender system", "state system", or "system" means the system of public defender services established pursuant to this chapter.   History: En. Sec. 2, Ch. 449, L. 2005; amd. Sec. 2, Ch. 24, L. 2011; amd. Sec. 20, Ch. 358, L. 2017.
MT Code § 47-1-106 (2021)
2021 Montana Code Annotated|Title 47. Access to Legal Services|Chapter 1. Statewide Public Defender System|Part 1. General|47-1-106. through 47-1-109 reserved

  47-1-106 through 47-1-109 reserved.