reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-505. Privilege and confidentiality

46-1-505. Privilege and confidentiality.
Mediation communications and documents are privileged and confidential and may not be disclosed in any judicial or administrative proceeding except when:
(1) the parties to the mediation agree, in writing, to disclosure;
(2) a written agreement by the parties to mediate permits disclosure;
(3) a communication or document provides evidence of an ongoing or future criminal activity;
(4) disclosure is necessary to prevent an action or event that is reasonably likely to result in death, serious bodily harm, or substantial injury to the financial interests or property of another;
(5) a communication or document is necessary to defend against a legal malpractice claim by the defendant against the defendant's attorney; or
(6) a communication or document is relevant to determining the existence of an agreement that resulted from the mediation or to the enforcement of an agreement.
History: En. Sec. 5, Ch. 203, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-506. Right to speedy trial

46-1-506. Right to speedy trial.
Time spent in mediation may not be counted in determining whether a defendant's right to a speedy trial has been violated.
History: En. Sec. 6, Ch. 203, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 5. Mediation of Criminal Proceedings › 46-1-507. Costs

46-1-507. Costs.
The mediation costs must be paid equally by the defendant and the prosecution, except that if a defendant is eligible for a public defender, the public defender shall pay the mediation costs.
History: En. Sec. 7, Ch. 203, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1102. Purpose

46-1-1102. Purpose.
The purpose of this part is to recognize that state courts have a jurisdictional basis to implement drug treatment courts to reduce recidivism and restore drug offenders to being productive, law-abiding, and taxpaying citizens.
History: En. Sec. 2, Ch. 282, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1103. Definitions

46-1-1103. Definitions.
As used in this part, the following definitions apply:
(1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part.
(2) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
(3) "Drug" includes:
(a) a controlled substance, which is a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession;
(b) an illegal drug, which is a drug whose manufacture, sale, use, or possession is forbidden by law; or
(c) a harmful substance, which is a misused substance otherwise legal to possess, including alcohol.
(4) "Drug offender" means a person charged with a drug-related offense or an offense in which substance abuse is determined to have been a significant factor in the commission of an offense.
(5) "Drug treatment court" means a court established by a court pursuant to this part implementing a program of incentives and sanctions intended to assist a participant to end the participant's addiction to drugs and to cease criminal behavior associated with drug use and addiction.
(6) "Drug treatment court coordinator" means an individual who, under the direction of the drug treatment court judge, is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the drug treatment court.
(7) "Drug treatment court team" means a group of individuals appointed by the drug treatment court that may consist of the following members:
(a) the judge, which may include a magistrate or other hearing officer;
(b) the prosecutor;
(c) the defense attorney;
(d) a law enforcement officer;
(e) the drug treatment court coordinator;
(f) a probation and parole officer;
(g) substance abuse treatment providers;
(h) a representative from the department of public health and human services; and
(i) any other person selected by the drug treatment court.
(8) "Memorandum of understanding" means a written document setting forth an agreed-upon procedure.
(9) "Recidivism" has the meaning provided in 1-1-207.
(10) "Staff meeting" means the meeting before a drug offender's appearance in drug treatment court in which the drug treatment court team discusses a coordinated response to the drug offender's behavior.
(11) "Substance abuse" means the illegal or improper consumption of a drug as defined in this section.
(12) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance use.
History: En. Sec. 3, Ch. 282, L. 2005; amd. Sec. 1, Ch. 9, L. 2013; amd. Sec. 7, Ch. 641, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1110. Treatment and support services

46-1-1110. Treatment and support services.
(1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a clinically approved substance abuse treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommendations to the drug treatment court team regarding the type of treatment program and durations necessary so that a drug offender's individualized needs are addressed. The assessments and recommendations must be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court pursuant to this part must be considered to be reasonable and necessary.
(2) An adequate continuum of care for drug offenders must be established in response to this part.
(3) The drug treatment court shall, when practicable, ensure that one agency may not provide both assessment and treatment services for the drug treatment court to avoid potential conflicts of interest or the appearance that a diagnostic assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the agency provides.
(4) A drug treatment court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
(5) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court must be governed by a memorandum of understanding, which must include the timely reporting of the drug offender's progress or lack of progress to the drug treatment court.
(6) Offenders must be provided with adequate support services and aftercare.
(7) The length of stay in treatment must be determined by the drug treatment court team based on individual needs and accepted practices.
History: En. Sec. 5, Ch. 282, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1111. Drug testing

46-1-1111. Drug testing.
(1) The drug treatment court team shall ensure fair, accurate, and reliable drug testing procedures.
(2) A drug offender must be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.
(3) The results of all drug tests must be provided to the drug treatment court team as soon as practicable but, in the event of a positive drug test, not later than 7 days from the test.
(4) Anyone in receipt of drug test results shall maintain the information in confidentiality.
(5) A drug offender is responsible for costs, pursuant to 46-1-1112(2).
History: En. Sec. 6, Ch. 282, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1112. Funding

46-1-1112. Funding.
(1) There is a drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator. Any federal money received for funding drug treatment courts must be deposited in the drug treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the drug treatment court federal resources account.
(2) A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. The costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2). Any fees received by the court from an offender are not court costs, charges, or fines.
(3) All federal funds received from grants for purposes of funding drug treatment courts must be exhausted before money is spent from other appropriations for that purpose.
(4) This part does not prohibit drug treatment court teams from obtaining supplemental funds.
(5) This part does not supplant funds currently utilized by drug treatment courts.
History: En. Sec. 7, Ch. 282, L. 2005; amd. Sec. 1, Ch. 3, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1113. Statutory construction

46-1-1113. Statutory construction.
The provisions of this part must be construed to effectuate its remedial purposes.
History: En. Sec. 8, Ch. 282, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1114. Enforcement

46-1-1114. Enforcement.
A violation of this part must be referred to the appropriate court or other responsible governing body for resolution.
History: En. Sec. 9, Ch. 282, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 11. Drug Offender Accountability and Treatment › 46-1-1115. Treatment court support account -- distribution of funds -- report

46-1-1115. Treatment court support account -- distribution of funds -- report.
(1) There is a treatment court support account in the state special revenue fund for purposes provided in subsection (3).
(2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The court administrator shall give priority to funding programs or services in rural or underserved areas of the state or that address opioid abuse.
(3) Money in the treatment court support account must be used to expand the capacity and quality of existing treatment courts and extend treatment courts to areas of the state that are unserved by a treatment court. District, local, and tribal treatment courts are eligible to receive treatment court support account funds. Funding from the account may be used solely to fund services required for participants, drug and alcohol testing, case management services, treatment court staff, technology, program evaluation, or other needs identified by the supreme court administrator related to efficient and effective operation of treatment courts. The court administrator may use account funds to hire a grant writer or contract for grant writing services.
History: En. Sec. 3, Ch. 413, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 12. Mental Health Treatment Court › 46-1-1202. Purpose

46-1-1202. Purpose.
The purpose of this part is to recognize that state courts have a jurisdictional basis to implement mental health treatment courts to reduce recidivism and restore persons with a mental disorder who are charged with a criminal offense to being productive, law-abiding, and taxpaying citizens.
History: En. Sec. 2, Ch. 514, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 12. Mental Health Treatment Court › 46-1-1211. Treatment and support services

46-1-1211. Treatment and support services.
(1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that participants are placed into a clinically approved mental health treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommendations to the mental health treatment court team regarding the type of treatment program and duration necessary so that a participant's individualized needs are addressed. The assessments and recommendations must be based upon evidence-based treatment principles. The mental health treatment court and governmental entities that refer an offender to a mental health treatment court shall adopt an evidence-based program evaluation tool that measures how closely the mental health treatment court programs meet the known principles of effective intervention. The tool must measure program content and capacity to ensure the delivery of effective interventions for offenders. Treatment recommendations accepted by the mental health treatment court pursuant to this part must be considered to be reasonable and necessary and be evidence-based or research-driven.
(2) An adequate continuum of care for participants must be established in response to this part.
(3) The mental health treatment court shall, when practicable, ensure that one agency may not provide both assessment and treatment services for the mental health treatment court to avoid potential conflicts of interest or the appearance that a diagnostic assessment agency might benefit by determining that a participant is in need of the particular form of treatment that the agency provides.
(4) A mental health treatment court making a referral for mental health services or substance abuse treatment shall refer the participant to a program that is licensed, certified, or approved by the court.
(5) The court shall determine which treatment programs are authorized to provide the recommended treatment to participants. The relationship between the treatment program and the court must be governed by a memorandum of understanding, which must include the timely reporting of the participant's progress or lack of progress to the mental health treatment court.
History: En. Sec. 5, Ch. 514, L. 2007; amd. Sec. 9, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 12. Mental Health Treatment Court › 46-1-1212. Funding

46-1-1212. Funding.
(1) There is a mental health treatment court federal resources account in the federal special revenue fund that is administered by the office of court administrator. Any federal money received for funding mental health treatment courts must be deposited in the mental health treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the mental health treatment court federal resources account.
(2) A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs assessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection. Any fees received by the court from a participant are not court costs, charges, or fines.
(3) All federal funds received from grants for purposes of funding mental health treatment courts must be exhausted before money is spent from other appropriations for that purpose.
(4) This part does not prohibit mental health treatment court teams from obtaining supplemental funds.
History: En. Sec. 6, Ch. 514, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 12. Mental Health Treatment Court › 46-1-1213. Statutory construction -- combination with drug treatment court

46-1-1213. Statutory construction -- combination with drug treatment court.
(1) The provisions of this part must be construed to effectuate its remedial purposes.
(2) A mental health treatment court may be combined with a drug treatment court authorized in Title 46, chapter 1, part 11, and a mental health treatment court may serve an individual with co-occurring disorders.
History: En. Sec. 7, Ch. 514, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 1. General Provisions › Part 12. Mental Health Treatment Court › 46-1-1214. Enforcement by removal to criminal court

46-1-1214. Enforcement by removal to criminal court.
Failure of the participant to comply with the terms of the mental health treatment program will be referred upon the order of the mental health treatment court judge to the appropriate criminal court.
History: En. Sec. 8, Ch. 514, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 2. Jurisdiction › Part 1. Jurisdiction of the State › 46-2-101. State criminal jurisdiction

46-2-101. State criminal jurisdiction.
(1) A person is subject to prosecution in this state for an offense that the person commits while either within or outside the state by the person's own conduct or that of another for which the person is legally accountable if:
(a) the offense is committed either wholly or partly within the state;
(b) the conduct outside the state constitutes an attempt to commit an offense within the state and an act in furtherance of the offense occurs in the state; or
(c) the conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense under the laws of this state and the other jurisdiction.
(2) An offense is committed partly within this state if either the conduct that is an element of the offense or the result that is an element occurs within the state. In homicide, the "result" is either the physical contact that causes death or the death itself. If the body of a homicide victim is found within the state, the death is presumed to have occurred within the state.
(3) An offense that is based on an omission to perform a duty imposed by the law of this state is committed within the state regardless of the location of the offender at the time of the omission.
(4) This state includes the land and water and the air space above the land and water with respect to which the state has legislative jurisdiction.
History: En. 95-304 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-304; amd. Sec. 1728, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 2. Jurisdiction › Part 2. Jurisdiction of the Courts › 46-2-201. Jurisdiction of the district court

46-2-201. Jurisdiction of the district court.
The district courts have jurisdiction of all public offenses not otherwise provided for.
History: En. 95-301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-301.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 2. Jurisdiction › Part 2. Jurisdiction of the Courts › 46-2-202. Jurisdiction of justices' courts

46-2-202. Jurisdiction of justices' courts.
The justices' courts have criminal jurisdiction as authorized by 3-10-303.
History: En. 95-302.1 by Sec. 2, Ch. 184, L. 1977; R.C.M. 1947, 95-302.1.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 2. Jurisdiction › Part 2. Jurisdiction of the Courts › 46-2-203. Jurisdiction of city courts

46-2-203. Jurisdiction of city courts.
The city courts have criminal jurisdiction as authorized by 3-11-102 and 3-11-103.
History: En. 95-303 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-303(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 2. Jurisdiction › Part 2. Jurisdiction of the Courts › 46-2-204. Jurisdiction of municipal courts

46-2-204. Jurisdiction of municipal courts.
Municipal courts have criminal jurisdiction as authorized by 3-6-103.
History: En. 95-303 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-303(b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-103. Repealed

46-3-103. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-403 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-403.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-110. Filing the charge

46-3-110. Filing the charge.
(1) In all criminal prosecutions, the charge must be filed in the county where the offense was committed unless otherwise provided by law.
(2) A charge for violation of 45-7-306 after imposition of a state prison sentence or after commitment to the department of corrections may, at the discretion of the county attorney for the county in which the person was arrested and without objection from the person charged, be filed in any county in the state.
History: En. Sec. 3, Ch. 800, L. 1991; amd. Sec. 1, Ch. 177, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-111. Place of trial

46-3-111. Place of trial.
(1) The place of trial must be in the county where the charge is filed unless otherwise provided by law.
(2) All objections that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial. If an objection is made, a hearing must be held and the proper county in which to file the charge must be established before further proceedings may take place.
History: En. 95-401 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-401; amd. Sec. 4, Ch. 800, L. 1991; Sec. 46-3-101, MCA 1989; redes. 46-3-111 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-112. Requisite act in multiple counties

46-3-112. Requisite act in multiple counties.
(1) Except as provided in 46-3-110(2), if two or more acts are requisite to the commission of an offense or if two or more acts are committed in furtherance of a common scheme, the charge may be filed in any county in which any of the acts or offenses occurred.
(2) Except as provided in 46-3-110(2), if an act requisite to the commission of an offense occurs or continues in more than one county, the charge may be filed in any county in which the act occurred or continued.
(3) If an element of an offense under 45-5-220, 45-5-625, 45-8-212, or 45-8-213 involves an electronic communication, the charge may be filed in the county in or from which the electronic communication was sent or in the county in which the electronic communication was received or to which it was sent.
History: En. 95-402 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-402; amd. Sec. 1, Ch. 468, L. 1981; amd. Sec. 5, Ch. 800, L. 1991; Sec. 46-3-102, MCA 1989; redes. 46-3-112 by Code Commissioner, 1991; amd. Sec. 2, Ch. 177, L. 1995; amd. Sec. 5, Ch. 344, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-113. Assisting in commission of or committing an offense

46-3-113. Assisting in commission of or committing an offense.
Except as provided in 46-3-110(2), if a person in one county commits an offense or aids, abets, or procures the commission of an offense in another county, the charge may be filed in either county.
History: En. 95-404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-404; amd. Sec. 6, Ch. 800, L. 1991; Sec. 46-3-104, MCA 1989; redes. 46-3-113 by Code Commissioner, 1991; amd. Sec. 3, Ch. 177, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-114. County of offense unknown

46-3-114. County of offense unknown.
(1) Except as provided in 46-3-110(2), if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred.
(2) Except as provided in 46-3-110(2), if an offense is committed in or against a public or private conveyance and it is doubtful in which county the offense occurred, the charge may be filed in any county in or through which the conveyance has traveled.
History: En. 95-405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-405; amd. Sec. 7, Ch. 800, L. 1991; Sec. 46-3-105, MCA 1989; redes. 46-3-114 by Code Commissioner, 1991; amd. Sec. 4, Ch. 177, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 1. General Provisions › 46-3-115. Offense consummated within the state

46-3-115. Offense consummated within the state.
Except as provided in 46-3-110(2), if an offense is committed partly within this state, the offense may be charged in any county where an act requisite to the commission of the offense is committed or continued.
History: En. 95-407 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-407; amd. Sec. 8, Ch. 800, L. 1991; Sec. 46-3-106, MCA 1989; redes. 46-3-115 by Code Commissioner, 1991; amd. Sec. 5, Ch. 177, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-201. Repealed

46-3-201. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-406 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-406.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-202. Repealed

46-3-202. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 71, Ch. 359, L. 1977; R.C.M. 1947, 95-408.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-203. Repealed

46-3-203. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-409.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-204. Repealed

46-3-204. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-410 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-410.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-205. Repealed

46-3-205. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-411 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-411.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 3. Venue › Part 2. Venue for Certain Specific Crimes (Repealed) › 46-3-206. Repealed

46-3-206. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-412 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-412.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-101. Jurisdiction -- death and cause of death in different counties

46-4-101. Jurisdiction -- death and cause of death in different counties.
(1) The coroner of the county where a dead human body is found has jurisdiction if:
(a) the place of death is unknown;
(b) the dead human body was shipped into the county without proper permits; or
(c) the death occurred while the deceased was in transit in the state.
(2) When death occurs as a direct result of acts or events that occurred in another county, the coroner of the county where the acts or events causing death occurred has jurisdiction. If a coroner that has jurisdiction of a death fails to act, the state medical examiner has jurisdiction.
(3) A county coroner has primary jurisdiction in the county in which the coroner is appointed or elected to serve. However, a qualified coroner may serve in another county upon the request of the coroner or county attorney of that county. A coroner may travel to another county to inquire into a death pursuant to 46-4-122.
History: En. 95-812 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-812; amd. Sec. 13, Ch. 660, L. 1991; amd. Sec. 1729, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-102. Repealed

46-4-102. Repealed.
Sec. 21, Ch. 660, L. 1991.
History: En. 95-801 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 24, Ch. 530, L. 1977; R.C.M. 1947, 95-801.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-103. Postmortem examination -- when conducted, scope

46-4-103. Postmortem examination -- when conducted, scope.
(1) If in the opinion of the coroner a postmortem examination is advisable, the coroner shall order one performed on any dead human body for which the death requires an inquiry and shall retain a medical examiner or associate medical examiner to perform it. Performance of postmortem examinations is within the discretion of the coroner except that the county attorney or attorney general may require one. Consent of the family or next of kin of the deceased is not required for a postmortem examination that is ordered by the coroner, county attorney, or attorney general. In ordering a postmortem examination, the coroner, county attorney, or attorney general shall order the body to be exhumed if it has been interred.
(2) The right to conduct a postmortem examination includes the right to retain specimens the medical examiner performing the postmortem examination considers necessary.
(3) The department of justice shall pay any expenses incurred whenever a postmortem examination or investigation is initiated at the request of the state medical examiner or attorney general. The county shall pay any expenses incurred whenever a postmortem examination, investigation, or inquiry is initiated at the request of the county attorney or county coroner.
(4) If a county does not provide a morgue or other facility for postmortem examination, the county coroner may order the use of a funeral home or an appropriate hospital facility for the examination.
(5) Postmortem examinations performed under this section on a decedent whose death is under investigation and who has made an anatomical gift or on whose behalf an anatomical gift has been made must be performed in accordance with 72-17-217 and 72-17-218.
(6) (a) A postmortem examination must be performed by the state medical examiner or a deputy state medical examiner whenever the death occurred:
(i) while the decedent was incarcerated in a prison or confined to a correctional or detention facility owned or operated by the state or a political subdivision of the state; or
(ii) while the decedent was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or peace officer.
(b) If a death under subsection (6)(a) occurred while the decedent was under medical care, a state or deputy state medical examiner must be consulted and the need for further examination determined on a case-by-case basis.
(7) The department of justice shall pay any expenses related to postmortem examinations performed under subsection (6).
History: En. 95-802 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 104, Ch. 349, L. 1974; amd. Sec. 25, Ch. 530, L. 1977; R.C.M. 1947, 95-802; amd. Sec. 14, Ch. 660, L. 1991; amd. Sec. 1, Ch. 345, L. 2007; amd. Sec. 4, Ch. 194, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-104. Liability of mortuary or physician

46-4-104. Liability of mortuary or physician.
A mortuary owner or person employed in a mortuary is not liable for the acts of the coroner performed in the removal of a body to a mortuary or during the course of an autopsy on that body. No criminal or civil action may arise against a licensed physician for performing an autopsy authorized by this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.
History: En. 95-813 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-813; amd. Sec. 2, Ch. 492, L. 1985; amd. Sec. 12, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-105. Medical examiner state special revenue account

46-4-105. Medical examiner state special revenue account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the medical examiner account.
(2) Fees for services rendered pursuant to 46-4-103 or other fees acquired by the medical examiner system must be deposited in the account.
(3) Funds in the account may be used only for the operation and administration of state forensic laboratories.
History: En. Sec. 2, Ch. 384, L. 2017; amd. Sec. 1, Ch. 40, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-110. Powers of coroner

46-4-110. Powers of coroner.
In the performance of duties under this chapter, the coroner may:
(1) pronounce the fact of death of any human being under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122;
(2) certify and amend death certificates as considered necessary in circumstances under which the coroner has a duty to inquire pursuant to 46-4-122;
(3) issue subpoenas pursuant to 46-4-112;
(4) order postmortem examinations as provided in 46-4-103;
(5) conduct examinations and tests as considered necessary to determine the cause, manner, and circumstances of death and identification of a dead human body as provided in 46-4-101 and 46-4-113;
(6) order a dead human body to be disinterred or removed from its place of disposition, with or without the consent of the next of kin, under circumstances in which the coroner has a duty to inquire pursuant to 46-4-122;
(7) conduct inquests pursuant to 46-4-201; and
(8) order cessation of any activity by any person or agency, other than the law enforcement agency having jurisdiction, that may obstruct or hinder the orderly conduct of an inquiry or the collection of information or evidence needed for an inquiry.
History: En. Sec. 2, Ch. 660, L. 1991; amd. Sec. 1730, Ch. 56, L. 2009; amd. Sec. 5, Ch. 194, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-111. Coroner's authority to seize and preserve evidence

46-4-111. Coroner's authority to seize and preserve evidence.
(1) A county coroner may enter any room, dwelling, building, or other place in which the coroner has probable cause to believe that a dead human body or evidence of the circumstances of a death that requires investigation may be found. If refused entry, a coroner who is investigating a death pursuant to the coroner's authority may apply to a judge authorized to issue search warrants for a warrant to enter the premises and to search for and seize evidence of the cause of a death, including a dead human body.
(2) The application for a search warrant must:
(a) state facts sufficient to show probable cause that a human body or evidence of the circumstances of death is present in the place to be searched;
(b) particularly describe the place to be searched; and
(c) particularly describe the things to be seized.
(3) To preserve evidence of the cause of death, a coroner may:
(a) place under the coroner's custody and control any dwelling, building, item, vehicle, aircraft, railroad engine or train, vessel, enclosure, or open area for a period of not more than 10 days; and
(b) forbid entrance by an unauthorized person into any area specified in subsection (3)(a).
(4) A person may not enter an area that is restricted pursuant to subsection (3) without the permission of the coroner or the law enforcement agency having jurisdiction if there is also a criminal investigation in progress.
History: En. Sec. 1, Ch. 660, L. 1991; amd. Sec. 1731, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-112. Subpoenaing of witnesses and documents

46-4-112. Subpoenaing of witnesses and documents.
(1) In an inquiry or inquest, a coroner may:
(a) issue subpoenas for witnesses as provided in 46-4-203; and
(b) issue subpoenas commanding the production of books, records, papers, documents, and other objects as may be necessary and proper to the inquiry or inquest.
(2) Any material subpoenaed pursuant to subsection (1)(b) is confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only in accordance with 44-5-303. However, any material produced at an inquest is public information.
(3) Disobedience of a subpoena issued under 46-4-203 or this section is punishable in the same manner as disobedience of a subpoena issued by a justice of the peace as provided in Title 3, chapter 10, part 4.
History: En. Sec. 7, Ch. 660, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-113. Examinations and tests

46-4-113. Examinations and tests.
The coroner may direct a properly qualified expert to conduct any test or examination that the coroner reasonably believes is necessary to determine the cause, manner, and circumstances of a death or to identify a dead human body. The coroner may also require examination by the next of kin or any other person when necessary to identify a dead human body.
History: En. Sec. 8, Ch. 660, L. 1991; amd. Sec. 1732, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-114. Reporting fetal deaths

46-4-114. Reporting fetal deaths.
A licensed nurse, a midwife, a physician assistant, an emergency care provider, a birthing assistant, or any other person who assists in the delivery that occurs outside a licensed medical facility of a fetus that is believed or declared to be dead shall report the death by the earliest means available to the coroner of the county in which the death occurred.
History: En. Sec. 6, Ch. 660, L. 1991; amd. Sec. 22, Ch. 519, L. 2005; amd. Sec. 13, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-120. Notification of finding human remains

46-4-120. Notification of finding human remains.
A person who finds a dead human body or fetus or remains that appear to be human shall immediately report this fact to the county coroner by telephone or by the fastest available means of communication.
History: En. Sec. 1, Ch. 287, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-121. Inquiry defined

46-4-121. Inquiry defined.
For the purposes of this part, an inquiry by a county coroner is an informal examination of a death and its attendant circumstances to determine whether:
(1) an inquest, which is a formal inquiry, should be held;
(2) the reporting physician should certify the death;
(3) any further action or examination should be made concerning a death; or
(4) there is anything unusual or remarkable about a death that may warrant further action by the county attorney or the law enforcement agency that has jurisdiction.
History: En. Sec. 3, Ch. 660, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-122. Human deaths requiring inquiry by coroner -- rulemaking

46-4-122. Human deaths requiring inquiry by coroner -- rulemaking.
(1) The coroner shall inquire into and determine the cause and manner of death and all circumstances surrounding a human death:
(a) that was caused or is suspected to have been caused:
(i) in any degree by an injury, either recent or remote in origin;
(ii) by the deceased or any other person that was the result of an act or omission, including but not limited to:
(A) a criminal or suspected criminal act;
(B) a medically suspicious death, unusual death, or death of unknown circumstances, including any fetal death; or
(C) an accidental death; or
(iii) by an agent, disease, or medical condition that poses a threat to public health;
(b) whenever the death occurred:
(i) while the deceased was incarcerated in a prison or confined to a correctional or detention facility owned and operated by the state or a political subdivision of the state;
(ii) while the deceased was being pursued, apprehended, or taken into custody by, or while in the custody of, any law enforcement agency or a peace officer;
(iii) during or as a result of the deceased's employment;
(iv) less than 24 hours after the deceased was admitted to a medical facility or if the deceased was dead upon arrival at a medical facility; or
(v) in a manner that was unattended or unwitnessed and the deceased was not attended by a physician at any time in the 30-day period prior to death;
(c) if the dead human body is to be cremated or shipped into the state and lacks proper medical certification or burial or transmit permits; or
(d) that occurred under suspicious circumstances.
(2) In the case of a fetal death inquiry, the department of justice shall adopt rules governing the respectful transportation to and delivery of the fetus to the location where the autopsy will be performed. The rules must require that a fetus be transported in a crush-proof container that is labeled with the words "fragile--human remains inside".
History: En. Sec. 4, Ch. 660, L. 1991; amd. Sec. 2, Ch. 287, L. 1993; amd. Sec. 6, Ch. 194, L. 2017; amd. Sec. 5, Ch. 123, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 1. Investigation of Death -- Autopsy › 46-4-123. Inquiry report

46-4-123. Inquiry report.
(1) The coroner shall make a full report of the facts discovered in all human deaths requiring an inquiry under the provisions of 46-4-122.
(2) The inquiry report must be:
(a) made using the Montana coroner death management system, if implemented and operational by the local agency;
(b) initiated within 24 hours after the death investigation; and
(c) completed as promptly as reasonable and commensurate with the availability of investigation information, excluding confidential criminal justice information and any other investigative material not necessary to determine cause or manner of death until the case is closed or charges are filed.
(3) For a death ruled to be a suicide, the report must include the results of any toxicology testing done as a part of the inquiry. The coroner of a county that has not implemented the Montana coroner death management system shall report the information required under this subsection to the department of public health and human services in the manner prescribed by the department.
(4) The coroner and the medical examiner must each have access to the system. The coroner shall make a copy of the system inquiry report available to the county attorney.
History: En. Sec. 5, Ch. 660, L. 1991; amd. Sec. 1, Ch. 268, L. 2007; amd. Sec. 6, Ch. 123, L. 2021; amd. Sec. 2, Ch. 405, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-201. Inquest -- definition -- when held -- how conducted

46-4-201. Inquest -- definition -- when held -- how conducted.
(1) An inquest is a formal inquiry into the causes of and circumstances surrounding the death of a person and is conducted by the coroner before a coroner's jury.
(2) The coroner may hold an inquest only if requested to do so by the county attorney of the county in which death occurred or by the county attorney of the county in which the acts or events causing death occurred. However, the county attorney shall order the coroner to hold an inquest if the death of a person occurs:
(a) in a prison, jail, or other correctional facility and is not caused by the terminal condition, as defined in 50-9-102, of, or the execution of a death penalty upon, the person while the person is incarcerated in the prison, jail, or other correctional facility because of conviction of a criminal offense. This subsection (2)(a) applies to a death caused by a terminal condition only if the person was under medical care at the time of death.
(b) while a person is being taken into custody or is in the custody of a peace officer or if the death is caused by a peace officer, except when criminal charges have been or will be filed.
(3) If an inquest is held, the proceedings are public. The coroner shall conduct the inquest with the aid and assistance of the county attorney. The coroner shall, and the county attorney may, examine each witness, after which the witness may be examined by the jurors. The inquest must be held in accordance with this part.
(4) (a) A coroner who also serves as a peace officer may not conduct an inquest into the death of a person who:
(i) died in a jail operated by or under the jurisdiction of the peace officer;
(ii) died while in the custody of a peace officer serving in the same jurisdiction; or
(iii) was killed by a peace officer serving in the same jurisdiction.
(b) If a coroner is disqualified under subsection (4)(a), the county attorney shall request a qualified coroner or peace officer coroner of another jurisdiction to conduct the inquest. The expenses of a coroner fulfilling the request, including salary, must be paid by the requesting county.
History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 250, L. 1975; Sec. 95-803, R.C.M. 1947; Ap. p. Sec. 1, Ch. 196, L. 1967; Sec. 95-809, R.C.M. 1947; R.C.M. 1947, 95-803(part), 95-809; amd. Sec. 1, Ch. 343, L. 1983; amd. Sec. 15, Ch. 660, L. 1991; amd. Sec. 1, Ch. 478, L. 1997; amd. Sec. 1, Ch. 315, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-202. Summoning and swearing in of jurors -- instructions

46-4-202. Summoning and swearing in of jurors -- instructions.
(1) When holding an inquest, the coroner shall summon a jury of at least 6 but not more than 12 persons qualified by law to serve as jurors and selected at random from a list of eligible jurors that is furnished to the coroner annually by the county clerk of court.
(2) The jury selected by the coroner must be sworn by the coroner to inquire who the person was and when, where, and by what means the person died and into the circumstances attending the person's death and to render a true verdict on the death according to the evidence offered to them or arising from the inspection of the body.
(3) The coroner shall instruct the jurors as to their duties.
History: (1)En. 95-803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 250, L. 1975; Sec. 95-803, R.C.M. 1947; (2)En. 95-804 by Sec. 1, Ch. 196, L. 1967; Sec. 95-804, R.C.M. 1947; R.C.M. 1947, 95-803(part), 95-804; amd. Sec. 2, Ch. 343, L. 1983; amd. Sec. 16, Ch. 660, L. 1991; amd. Sec. 1733, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 4. Investigative Procedures › Part 2. Inquests › 46-4-203. Coroner's subpoena

46-4-203. Coroner's subpoena.
Upon the request of the county attorney, a coroner shall issue subpoenas for witnesses, returnable immediately or at a time and place the coroner may designate, that may be served by any competent person.
History: En. 95-805 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-805; amd. Sec. 1, Ch. 116, L. 1979; amd. Sec. 15, Ch. 800, L. 1991.