reglab/housing_qa huggingface dataset:
MT Code § 46-18-224 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition

  46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of an offense in which bodily injury occurred or was attempted or threatened and who knowingly used or carried a handgun loaded with armor-piercing ammunition during the commission of the offense must, in addition to the sentence for the offense, be sentenced to a term of imprisonment in the state prison of not less than 5 years or more than 25 years, except as provided in 46-18-222.   (2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense, and except as provided in 46-18-222, the sentence may not be suspended and imposition of it may not be deferred.   (3) For purposes of this section:   (a) "armor-piercing ammunition" means ammunition which, if fired from a handgun under the test procedure of the national institute of law enforcement and criminal justice standard for the ballistics resistance of police body armor promulgated December 1978, is capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States department of justice and published in December 1978; and   (b) "handgun" means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.   History: En. Sec. 1, Ch. 392, L. 1983; amd. Sec. 6, Ch. 524, L. 2001.
MT Code § 46-18-225 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment

  46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment. (1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203. In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).   (2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:   (a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;   (b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;   (c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;   (d) the offender acted under strong provocation;   (e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;   (f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;   (g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;   (h) the character and attitude of the offender indicate that the offender is likely to commit another crime;   (i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and   (j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.   (3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).   History: En. Sec. 4, Ch. 794, L. 1991; amd. Sec. 66, Ch. 10, L. 1993; amd. Sec. 15, Ch. 482, L. 1995; amd. Sec. 215, Ch. 546, L. 1995; amd. Sec. 7, Ch. 189, L. 1997; amd. Sec. 9, Ch. 52, L. 1999; amd. Sec. 3, Ch. 517, L. 2005.
MT Code § 46-18-226 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-226. Additional sentence for forcible felony against pregnant woman

  46-18-226. Additional sentence for forcible felony against pregnant woman. (1) An offender who is convicted of committing a forcible felony, as defined in 45-2-101, against a pregnant woman and who, at the time of the offense, knew or should have known that the woman was pregnant shall, in addition to the punishment provided for commission of the offense, be sentenced to a term of imprisonment in a state prison of not less than 2 years or more than 20 years, except as provided in 46-18-222.   (2) An additional sentence imposed pursuant to this section must be imposed pursuant to the requirements of 46-1-401 and must run consecutively to the sentence imposed for the offense, except as provided in 46-18-222.   History: En. Sec. 1, Ch. 159, L. 2015.
MT Code § 46-18-227 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-227. through 46-18-229 reserved

  46-18-227 through 46-18-229 reserved.
MT Code § 46-18-230 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-230. Legislative findings -- cost of criminal proceedings

  46-18-230. Legislative findings -- cost of criminal proceedings. With respect to the cost of criminal proceedings, the legislature finds that:   (1) the vast majority of the cost of the criminal proceedings in the state is borne by the general taxpaying public;   (2) it is in the state's best interest to attempt to recover as much as possible of the cost of criminal proceedings from individuals who have been convicted of violating state laws;   (3) various courts in the state of Montana have recently held that certain reasonable fees imposed upon defendants in criminal proceedings in the state, such as fees for general cost of prosecution, pretrial supervision, and community service supervision, were unlawful because there was no specific statutory authorization for the imposition of the costs on the defendant; and   (4) the costs of prosecution and supervision of criminal defendants is a shared responsibility of the state and the counties.   History: En. Sec. 1, Ch. 180, L. 2009.
MT Code § 46-18-232 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-232. Payment of costs by defendant

  46-18-232. Payment of costs by defendant. (1) A court may require a convicted defendant in a felony or misdemeanor case to pay costs, as defined in 25-10-201, plus costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision as a part of the defendant's sentence. The costs, in addition to those allowable under 25-10-201, must be limited to expenses specifically incurred by the prosecution or other agency in connection with the proceedings against the defendant or $100 per felony case or $50 per misdemeanor case, whichever is greater.   (2) The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose.   (3) A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.   History: En. Sec. 2, Ch. 198, L. 1981; amd. Sec. 1754, Ch. 56, L. 2009; amd. Sec. 2, Ch. 180, L. 2009.
MT Code § 46-18-233 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-233. Fine or costs as condition on suspended or deferred sentence

  46-18-233. Fine or costs as condition on suspended or deferred sentence. (1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred or suspended, the court may make payment of the fine or costs a condition for probation.   (2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.   History: En. Sec. 3, Ch. 198, L. 1981; amd. Sec. 1755, Ch. 56, L. 2009.
MT Code § 46-18-234 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-234. When payment of fine or costs due

  46-18-234. When payment of fine or costs due. Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the payment is due immediately.   History: En. Sec. 4, Ch. 198, L. 1981.
MT Code § 46-18-235 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-235. Disposition of money collected as fines and costs

  46-18-235. Disposition of money collected as fines and costs. Except as provided in 61-8-726, the money collected by a court as a result of the imposition of fines or assessment of costs under the provisions of 46-18-231 and 46-18-232 must be paid:   (1) by the clerk of district court to:   (a) the department of revenue for deposit into the state general fund; or   (b) if the fine was imposed for a violation of Title 45, chapter 9 or 10, and at the court's discretion, the drug forfeiture account maintained under 44-12-213 for the law enforcement agency that made the arrest from which the conviction and fine arose; and   (2) by a justice's court pursuant to 3-10-601.   History: En. Sec. 5, Ch. 198, L. 1981; amd. Sec. 6, Ch. 180, L. 1983; amd. Sec. 16, Ch. 680, L. 1985; amd. Sec. 10, Ch. 1, Sp. L. 1985; amd. Sec. 1, Ch. 553, L. 1987; amd. Sec. 30, Ch. 557, L. 1987; amd. Sec. 59, Ch. 83, L. 1989; amd. Sec. 2, Ch. 296, L. 1991; amd. Sec. 9, Ch. 704, L. 1991; amd. Sec. 51, Ch. 509, L. 1995; amd. Sec. 216, Ch. 546, L. 1995; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 46, Ch. 585, L. 2001; amd. Sec. 4, Ch. 232, L. 2005.
MT Code § 46-18-237 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-237. Garnishment -- report by supervising authority

  46-18-237. Garnishment -- report by supervising authority. (1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is entitled to receive money from any source, the person's supervising authority may prepare a report identifying:   (a) the total costs incurred by the state or county during the person's incarceration;   (b) the criminal sentences imposed upon the person, including:   (i) the amount of restitution, if any, ordered in each sentence;   (ii) the name and current address of each victim or other person to whom restitution is owed;   (iii) the amount of restitution paid by the person; and   (iv) the amount of restitution currently owed by the person for each sentence;   (c) the amount of any child support owed by the person.   (2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person.   (3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.   History: En. Sec. 2, Ch. 475, L. 1997; amd. Sec. 2, Ch. 272, L. 2003.
MT Code § 46-18-238 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-238. through 46-18-240 reserved

  46-18-238 through 46-18-240 reserved.
MT Code § 46-18-242 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-242. Investigation and report of victim's loss

  46-18-242. Investigation and report of victim's loss. (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111:   (a) a list of the offender's assets; and   (b) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.   (2) When a presentence report is not requested, the court shall accept evidence of the victim's loss at the time of sentencing.   History: En. Sec. 2, Ch. 426, L. 1983; amd. Sec. 14, Ch. 125, L. 1995; amd. Sec. 3, Ch. 118, L. 2001; amd. Sec. 4, Ch. 272, L. 2003; amd. Sec. 14, Ch. 456, L. 2019.
MT Code § 46-18-243 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-243. Definitions

  46-18-243. Definitions. For purposes of 46-18-241 through 46-18-249, the following definitions apply:   (1) "Pecuniary loss" means:   (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender's criminal activities, including without limitation out-of-pocket losses, such as medical expenses, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, expenses reasonably incurred in attending court proceedings related to the commission of the offense, and reasonable expenses related to funeral and burial or crematory services;   (b) the full replacement cost of property taken, destroyed, harmed, or otherwise devalued as a result of the offender's criminal conduct;   (c) future medical expenses that the victim can reasonably be expected to incur as a result of the offender's criminal conduct, including the cost of psychological counseling, therapy, and treatment; and   (d) reasonable out-of-pocket expenses incurred by the victim in filing charges or in cooperating in the investigation and prosecution of the offense.   (2) (a) "Victim" means:   (i) a person who suffers loss of property, bodily injury, or death as a result of:   (A) the commission of an offense;   (B) the good faith effort to prevent the commission of an offense; or   (C) the good faith effort to apprehend a person reasonably suspected of committing an offense;   (ii) the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim;   (iii) a governmental entity that:   (A) suffers loss of property as a result of the commission of an offense in this state;   (B) incurs costs or losses during the commission or investigation of an escape, as defined in 45-7-306, or during the apprehension or attempted apprehension of the escapee; or   (C) incurs costs or losses as result of extraditing an offender from an out-of-state jurisdiction to Montana;   (iv) an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss;   (v) the crime victims compensation and assistance program established under Title 53, chapter 9, part 1, to the extent that it has reimbursed a victim for pecuniary loss; and   (vi) any person or entity whom the offender has voluntarily agreed to reimburse as part of a voluntary plea bargain.   (b) Victim does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.   History: En. Sec. 3, Ch. 426, L. 1983; amd. Sec. 15, Ch. 125, L. 1995; amd. Sec. 2, Ch. 26, L. 1997; amd. Sec. 5, Ch. 272, L. 2003; amd. Sec. 1, Ch. 103, L. 2015.
MT Code § 46-18-245 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-245. Supervision of payment

  46-18-245. Supervision of payment. For a felony offense, the court shall order the department of corrections to supervise the payment of restitution. For a misdemeanor offense, the court may order a restitution officer or other designated person to supervise the making of restitution and to report to the court any default in payment. If the victim of a misdemeanor has received compensation under Title 53, chapter 9, the court may also order an employee of the office of victims services provided for in 2-15-2016 to supervise the making of restitution and to report to the court any default in payment.   History: En. Sec. 5, Ch. 426, L. 1983; amd. Sec. 17, Ch. 125, L. 1995; amd. Sec. 7, Ch. 272, L. 2003; amd. Sec. 23, Ch. 55, L. 2015.
MT Code § 46-18-246 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-246. Waiver or modification of payment

  46-18-246. Waiver or modification of payment. An offender may at any time petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution or amount to be paid pursuant to 46-18-241(2)(a). The court shall schedule a hearing and give a victim to whom restitution was ordered notice of the hearing date, place, and time and inform the victim that the victim will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition of restitution, amount of the victim's pecuniary loss, or method or time of payment no longer exist or that it otherwise would be unjust to require payment as imposed, the court may adjust or waive unpaid restitution or the amount to be paid pursuant to 46-18-241(2)(a) or modify the time or method of making restitution. The court may extend the restitution schedule.   History: En. Sec. 6, Ch. 426, L. 1983; amd. Sec. 18, Ch. 125, L. 1995; amd. Sec. 4, Ch. 181, L. 1997; amd. Sec. 2, Ch. 66, L. 2009.
MT Code § 46-18-247 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-247. Default

  46-18-247. Default. (1) If an offender sentenced to make restitution is in default, the sentencing court, upon the motion of the prosecuting attorney or upon its own motion, may issue an order under 46-18-203 requiring the offender to show cause why the offender should not be confined for failure to obey the sentence of the court. The court may order the offender to appear at a time, date, and place for a hearing or, if the offender fails to appear as ordered, issue a warrant for the offender's arrest. The order or warrant must be accompanied by written notice of the offender's right to a hearing as provided in 46-18-203.   (2) If the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for in 46-18-203.   (3) An order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment of restitution, the sentencing court may order the restitution to be collected by any method authorized for the enforcement of other judgments.   History: En. Sec. 7, Ch. 426, L. 1983; amd. Sec. 19, Ch. 125, L. 1995; amd. Sec. 5, Ch. 181, L. 1997.
MT Code § 46-18-248 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 18. Sentence and Judgment|Part 2. Form of Sentence|46-18-248. Rights of state for crime victims compensation and assistance

  46-18-248. Rights of state for crime victims compensation and assistance. (1) Whenever a victim is paid from the state crime victims compensation and assistance program as provided in Title 53, chapter 9, part 1, for loss arising out of a criminal act, the state is subrogated, to the extent of the payment to the victim, to the rights of the victim to any restitution ordered by the court.   (2) The rights of the state are subordinate to the claims of multiple victims who have suffered loss arising out of multiple offenses by the same offender or arising from any transaction that is part of the same continuous scheme of criminal activity of an offender.   History: En. Sec. 8, Ch. 426, L. 1983; amd. Sec. 53, Ch. 18, L. 1995; amd. Sec. 4, Ch. 118, L. 2001.