reglab/housing_qa huggingface dataset:
MT Code § 46-21-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-101. When validity of sentence may be challenged

  46-21-101. When validity of sentence may be challenged. (1) A person adjudged guilty of an offense in a court of record who has no adequate remedy of appeal and who claims that a sentence was imposed in violation of the constitution or the laws of this state or the constitution of the United States, that the court was without jurisdiction to impose the sentence, that a suspended or deferred sentence was improperly revoked, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack upon any ground of alleged error available under a writ of habeas corpus, writ of coram nobis, or other common law or statutory remedy may petition the court that imposed the sentence to vacate, set aside, or correct the sentence or revocation order.   (2) If the sentence was imposed by a justice's, municipal, or city court, the petition may not be filed unless the petitioner has exhausted all appeal remedies provided by law. The petition must be filed with the district court in the county where the lower court is located.   History: En. 95-2601 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 43, Ch. 184, L. 1977; R.C.M. 1947, 95-2601; amd. Sec. 1, Ch. 195, L. 1981; amd. Sec. 1, Ch. 211, L. 1985; amd. Sec. 225, Ch. 800, L. 1991; amd. Sec. 3, Ch. 378, L. 1997.
MT Code § 46-21-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-102. When petition may be filed

  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.   History: En. 95-2604 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 44, Ch. 184, L. 1977; R.C.M. 1947, 95-2604; amd. Sec. 2, Ch. 195, L. 1981; amd. Sec. 226, Ch. 800, L. 1991; amd. Sec. 4, Ch. 378, L. 1997.
MT Code § 46-21-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-103. Commencement of proceedings

  46-21-103. Commencement of proceedings. The proceeding for relief under 46-21-101 must be commenced by filing a verified petition with the clerk of the appropriate court. The clerk shall docket the petition upon its receipt and bring the petition promptly to the attention of the court.   History: En. 95-2602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2602; amd. Sec. 227, Ch. 800, L. 1991.
MT Code § 46-21-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-104. Contents of petition

  46-21-104. Contents of petition. (1) The petition for postconviction relief must:   (a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;   (b) identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and   (c) identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.   (2) The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.   History: En. 95-2603 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2603; amd. Sec. 3, Ch. 195, L. 1981; amd. Sec. 228, Ch. 800, L. 1991; amd. Sec. 2, Ch. 302, L. 1997.
MT Code § 46-21-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-105. Amendment of petition -- waiver of grounds for relief

  46-21-105. Amendment of petition -- waiver of grounds for relief. (1) (a) All grounds for relief claimed by a petitioner under 46-21-101 must be raised in the original or amended original petition. The original petition may be amended only once. At the request of the state or on its own motion, the court shall set a deadline for the filing of an amended original petition. If a hearing will be held, the deadline must be reasonably in advance of the hearing but may not be less than 30 days prior to the date of the hearing.   (b) The court shall dismiss a second or subsequent petition by a person who has filed an original petition unless the second or subsequent petition raises grounds for relief that could not reasonably have been raised in the original or an amended original petition.   (2) When a petitioner has been afforded the opportunity for a direct appeal of the petitioner's conviction, grounds for relief that were or could reasonably have been raised on direct appeal may not be raised, considered, or decided in a proceeding brought under this chapter. Ineffectiveness or incompetence of counsel in proceedings on an original or an amended original petition under this part may not be raised in a second or subsequent petition under this part.   (3) For purposes of this section, "grounds for relief" includes all legal and factual issues that were or could have been raised in support of the petitioner's claim for relief.   History: En. 95-2607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2607; amd. Sec. 4, Ch. 195, L. 1981; amd. Sec. 229, Ch. 800, L. 1991; amd. Sec. 1, Ch. 96, L. 1995; amd. Secs. 3, 4, Ch. 302, L. 1997; amd. Sec. 5, Ch. 378, L. 1997.
MT Code § 46-21-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-106. through 46-21-109 reserved

  46-21-106 through 46-21-109 reserved.
MT Code § 46-21-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 1. Initiating Proceedings|46-21-111. Preservation and disposal of biological evidence obtained in criminal proceeding

  46-21-111. Preservation and disposal of biological evidence obtained in criminal proceeding. (1) (a) A law enforcement agency shall preserve biological evidence that the agency has reason to believe contains DNA material and that is obtained in connection with a felony for which a conviction is obtained. The agency shall preserve the evidence for a minimum of 3 years after the conviction in the case becomes final or for any period beyond 3 years that is required by a court order issued within 3 years after the conviction in the case becomes final.   (b) An agency may propose to dispose of biological evidence before the expiration of the time period described in subsection (1)(a) if the agency notifies the convicted person, the attorney of record for the convicted person, and the Montana public defender division administrator. The notification must include a description of the biological evidence, a statement that the agency will dispose of the evidence unless a party files an objection in writing within 120 days from the date of service of the notification in the court that entered the judgment, and the name and mailing address of the court where an objection may be filed. If an objection to the disposition of the evidence is not filed within the 120-day period, the agency may dispose of the evidence. If a written objection is filed, the court shall consider the reasons for and against disposition of the evidence, may hold a hearing on the proposed disposition of the evidence, and shall issue an order ruling on the matter as required by the interests of justice and the integrity of the criminal justice system.   (c) If a party objects to the disposition of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the evidence should be disposed of.   (2) Upon completion of laboratory analysis, the laboratory operated by the forensic sciences division of the department of justice shall permanently preserve under laboratory control any remaining biological evidence collected from items submitted to it.   (3) For purposes of this section, the following definitions apply:   (a) "Biological evidence" means any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, including the contents of a sexual assault examination kit, that is collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate any person of an offense.   (b) "DNA" means deoxyribonucleic acid.   History: En. Sec. 2, Ch. 79, L. 2003; amd. Sec. 1, Ch. 221, L. 2009; amd. Sec. 18, Ch. 358, L. 2017.
MT Code § 46-21-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 2. Action of Court|46-21-202. Record of proceedings

  46-21-202. Record of proceedings. A court that hears a petition pursuant to this chapter shall keep a record of the proceedings and enter its findings and conclusions.   History: En. 95-2606 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 46, Ch. 184, L. 1977; R.C.M. 1947, 95-2606; amd. Sec. 231, Ch. 800, L. 1991.
MT Code § 46-21-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 21. Postconviction Hearing|Part 2. Action of Court|46-21-203. Review

  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.   History: En. 95-2608 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 47, Ch. 184, L. 1977; R.C.M. 1947, 95-2608; amd. Sec. 6, Ch. 195, L. 1981; amd. Sec. 232, Ch. 800, L. 1991.
MT Code § 46-22-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 1. Availability of Writ|46-22-101. Applicability of writ of habeas corpus

  46-22-101. Applicability of writ of habeas corpus. (1) Except as provided in subsection (2), every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint.   (2) The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal. The relief under this chapter is not available to attack the legality of an order revoking a suspended or deferred sentence.   History: En. 95-2701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2701; amd. Sec. 7, Ch. 195, L. 1981; amd. Sec. 2, Ch. 211, L. 1985; amd. Sec. 233, Ch. 800, L. 1991.
MT Code § 46-22-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 1. Availability of Writ|46-22-102. No release for technical defects

  46-22-102. No release for technical defects. A person may not be released on a writ of habeas corpus due to any technical defect in commitment not affecting the person's substantial rights.   History: En. 95-2716 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2716; amd. Sec. 234, Ch. 800, L. 1991.
MT Code § 46-22-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 1. Availability of Writ|46-22-103. Writ for purpose of bail

  46-22-103. Writ for purpose of bail. When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas corpus for the purpose of giving bail upon averring that fact in the person's petition, without alleging that the person is illegally confined.   History: En. 95-2702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2702; amd. Sec. 1765, Ch. 56, L. 2009.
MT Code § 46-22-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-201. Application for writ of habeas corpus

  46-22-201. Application for writ of habeas corpus. (1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify:   (a) that the petitioner is unlawfully imprisoned or restrained of liberty;   (b) why the imprisonment or restraint is unlawful; and   (c) where and by whom the petitioner is confined or restrained.   (2) All parties must be named if they are known or otherwise described so that they may be identified.   (3) The petition must be verified by the oath or affirmation of the party making the application.   History: En. 95-2703 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2703; amd. Sec. 25, Ch. 116, L. 1979; amd. Sec. 235, Ch. 800, L. 1991.
MT Code § 46-22-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-202. Granting writ of habeas corpus

  46-22-202. Granting writ of habeas corpus. (1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction.   (2) When a writ of habeas corpus is issued, it may be made returnable before the issuing court.   History: En. 95-2704 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2704; amd. Sec. 26, Ch. 116, L. 1979; amd. Sec. 236, Ch. 800, L. 1991.
MT Code § 46-22-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-203. Writ granted without delay

  46-22-203. Writ granted without delay. Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.   History: En. 95-2705 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2705; amd. Sec. 237, Ch. 800, L. 1991.
MT Code § 46-22-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-204. Writ and process may issue at any time

  46-22-204. Writ and process may issue at any time. The writ of habeas corpus or any associated process may be issued and served on any day or at any time.   History: En. 95-2715 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2715; amd. Sec. 238, Ch. 800, L. 1991.
MT Code § 46-22-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-205. Form of writ

  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.   History: En. 95-2707 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2707; amd. Sec. 239, Ch. 800, L. 1991.
MT Code § 46-22-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 2. Issuance of Writ|46-22-206. Service of writ

  46-22-206. Service of writ. (1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.   (2) The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.   (3) The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.   History: En. 95-2708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2708; amd. Sec. 240, Ch. 800, L. 1991.
MT Code § 46-22-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-301. Return of service

  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.   History: En. 95-2709 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2709; amd. Sec. 241, Ch. 800, L. 1991.
MT Code § 46-22-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-302. Appearance of petitioner

  46-22-302. Appearance of petitioner. (1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person having custody of the petitioner.   (2) If the court is satisfied with the truth of the affidavit, the court may proceed and dispose of the case as if the petitioner were present or the hearing may be postponed until the petitioner is present.   History: En. 95-2710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2710; amd. Sec. 242, Ch. 800, L. 1991.
MT Code § 46-22-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-303. Refusal to obey writ -- contempt

  46-22-303. Refusal to obey writ -- contempt. If the person commanded by the writ refuses to obey, that person must be adjudged in contempt of court.   History: En. 95-2706 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2706; amd. Sec. 243, Ch. 800, L. 1991.
MT Code § 46-22-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-304. Hearing on return

  46-22-304. Hearing on return. The court before whom the writ is returned shall immediately proceed to hear and examine the return. The hearing may be summary in nature.   History: En. 95-2711 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2711; amd. Sec. 244, Ch. 800, L. 1991.
MT Code § 46-22-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-305. Production of evidence

  46-22-305. Production of evidence. Evidence may be produced and compelled in preparation of a hearing as provided in Title 46, chapter 22.   History: En. 95-2712 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2712; amd. Sec. 245, Ch. 800, L. 1991.
MT Code § 46-22-306 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-306. Disposition of petitioner

  46-22-306. Disposition of petitioner. (1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.   (2) If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.   History: En. 95-2713 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2713; amd. Sec. 246, Ch. 800, L. 1991.
MT Code § 46-22-307 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 22. Habeas Corpus|Part 3. Return of Writ, Hearing, Appeal|46-22-307. Appeal by prosecution

  46-22-307. Appeal by prosecution. An appeal may be taken to the supreme court by the prosecution from an order of judgment discharging the petitioner. The court may admit the petitioner to bail pending appeal as provided in 46-9-107. The appeal must be taken in the same manner as in civil actions.   History: En. 95-2714 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2714; amd. Sec. 247, Ch. 800, L. 1991.
MT Code § 46-23-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 1. General Provisions -- Board of Pardons and Parole|46-23-101. Short title

  46-23-101. Short title. Parts 1, 2, 3, and 10 of this chapter shall be known and may be cited as the "Parole and Executive Clemency Act".   History: En. Sec. 1, Ch. 153, L. 1955; Sec. 94-9821, R.C.M. 1947; redes. 95-3203 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 2, Ch. 333, L. 1975; R.C.M. 1947, 95-3203.
MT Code § 46-23-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 23. Probation, Parole, and Clemency|Part 1. General Provisions -- Board of Pardons and Parole|46-23-102. Cases of juveniles excluded

  46-23-102. Cases of juveniles excluded. The provisions of parts 1, 2, 3, and 10 of this chapter do not apply to probation in the youth courts or to conditional release from correctional facilities.  History: En. Sec. 30, Ch. 153, L. 1955; Sec. 94-9850, R.C.M. 1947; redes. 95-3232 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3232; amd. Sec. 26, Ch. 344, L. 2019; amd. Sec. 25, Ch. 339, L. 2021.