reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1016. Commitments to department -- report to sentencing court -- data

46-23-1016. Commitments to department -- report to sentencing court -- data.
(1) If the department does not honor a placement recommendation made by a district court judge when the judge sentences an offender pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii) and includes a placement recommendation, the department shall provide a rationale for the placement and written notice to the sentencing court within 40 days after the placement decision.
(2) The department shall collect and analyze data on:
(a) court placement recommendations and department placement decisions for offenders sentenced pursuant to 46-18-201(3)(a)(iv), (3)(a)(vi), or (3)(a)(vii); and
(b) the number and type of new criminal offenses committed by offenders under the department's supervision.
(3) (a) Beginning September 1, 2022, and in accordance with 5-11-210, the department shall collect data and report no later than September 1 of each year to the law and justice interim committee and the criminal justice oversight council on offenders who were under the department's supervision during the previous fiscal year and were:
(i) convicted of a new felony offense; or
(ii) revoked for a violation of the terms and conditions of a suspended or deferred sentence and the violation:
(A) is a compliance violation as defined in 46-18-203; or
(B) is not a compliance violation as defined in 46-18-203.
(b) The report must include the offenses or violations that triggered the report.
History: En. Sec. 1, Ch. 482, L. 2021; amd. Sec. 9, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1020. Conditional discharge -- definition -- revocation

46-23-1020. Conditional discharge -- definition -- revocation.
(1) (a) A conditional discharge granted under 46-23-1011 or 46-23-1021 is:
(i) a discharge from supervision by the department for the time remaining on the sentence imposed if the probationer or parolee complies with all the conditions imposed by the district court or the board; and
(ii) a release from the obligation to pay supervision fees imposed as part of a sentence or as terms of parole or probation.
(b) If an individual who has been granted a conditional discharge under 46-23-1011 or 46-23-1021 becomes a resident of another state, the conditional discharge must be construed as a discharge of the imposed sentence subject to revocation as provided in subsection (2).
(2) A conditional discharge may be revoked if, within the time remaining on the sentence that was conditionally discharged, the individual:
(a) is charged with a felony offense;
(b) is charged with a misdemeanor offense for which the individual could be sentenced to incarceration for a period of more than 6 months; or
(c) violates any condition imposed by the district court or the board.
(3) A sexual or violent offender who is subject to lifetime supervision by the department is not eligible for a conditional discharge from supervision.
History: En. Sec. 1, Ch. 228, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1021. Supervision on parole

46-23-1021. Supervision on parole.
(1) The department shall retain custody of all persons placed on parole and shall supervise the persons during their parole periods in accordance with the conditions set by the board.
(2) The department shall assign personnel to assist a person who is eligible for parole in preparing a parole plan. Department personnel shall make a report of their efforts and findings to the board prior to its consideration of the case of the eligible person.
(3) A copy of the conditions of parole must be signed by the parolee and given to the parolee and to the parolee's probation and parole officer, who shall report on the parolee's progress under the rules of the board.
(4) The probation and parole officer shall regularly advise and consult with the parolee, use effective communication strategies and other evidence-based practices, assist the parolee in adjusting to community life, and inform the parolee of the restoration of rights on successful completion of the sentence.
(5) The probation and parole officer shall keep records as the board or department may require. All records must be entered in the master file of the individual.
(6) (a) Upon recommendation of the probation and parole officer, the board may conditionally discharge a parolee from supervision before expiration of the parolee's sentence if the board determines that a conditional discharge from supervision is in the best interests of the parolee and society and will not present unreasonable risk of danger to the victim of the offense.
(b) Any of the achievements listed in 46-23-1027(2) must be considered a significant achievement by the board in deciding whether to grant a conditional discharge from supervision to a parolee.
(c) If the board discharges a parolee from supervision, the department is relieved of the obligation of supervising the parolee.
(d) For good cause, the board may return a parolee who was conditionally discharged to the status of a regular parolee.
(e) Subsection (6)(a) does not prohibit the board from revoking the parole, as provided in 46-23-1025, of a parolee who has been conditionally discharged from supervision.
History: En. 95-3306 by Sec. 11, Ch. 333, L. 1975; amd. Sec. 62, Ch. 184, L. 1977; R.C.M. 1947, 95-3306; amd. Sec. 2, Ch. 195, L. 1989; amd. Sec. 6, Ch. 579, L. 1993; amd. Sec. 27, Ch. 125, L. 1995; amd. Sec. 2, Ch. 238, L. 2007; amd. Sec. 13, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1022. Parole services

46-23-1022. Parole services.
(1) To assist parolees the department may, in addition to other services, provide the following:
(a) employment counseling, job placement, and assistance in residential placement;
(b) family and individual counseling and treatment placement;
(c) financial counseling;
(d) vocational and educational counseling and placement; and
(e) referral services to any other state or local agencies.
(2) The department may purchase necessary services for a parolee if they are otherwise unavailable and the parolee is unable to pay for them. It may assess all or part of the costs of such services to a parolee in accordance with the parolee's ability to pay for them.
History: En. 95-3307 by Sec. 12, Ch. 333, L. 1975; R.C.M. 1947, 95-3307; amd. Sec. 1768, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1023. Arrest of alleged parole violator

46-23-1023. Arrest of alleged parole violator.
(1) At any time during release on parole or conditional release, the department may issue a warrant for the arrest of the parolee for violation of any of the conditions of release or a notice to appear to answer to a charge of violation. The notice must be served personally upon the parolee. The warrant must authorize all officers named in the warrant to return the parolee to the actual custody of the penal institution from which the parolee was released or to any other suitable detention facility designated by the department.
(2) Any probation and parole officer may arrest the parolee without a warrant or may deputize any other officer with power to arrest to do so by giving the officer oral authorization and within 12 hours delivering to the place of detention a written statement setting forth that the parolee has, in the judgment of the probation and parole officer, violated the conditions of the parolee's release. A written statement or oral authorization delivered with the parolee by the arresting officer to the official in charge of the institution from which the parolee was released or other place of detention is sufficient warrant for the detention of the parolee or conditional releasee if the probation and parole officer delivers a written statement within 12 hours of the arrest. The probation and parole officer, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.
(3) Pending a hearing, as provided in 46-23-1024 and 46-23-1025, upon any charge of violation the parolee may, if circumstances warrant, be incarcerated in the institution.
(4) A probation and parole officer may authorize a detention center to hold a parolee arrested under this section without bail for 72 hours. Within 72 hours following the parolee's detention, the probation and parole officer shall:
(a) authorize the detention center to release the parolee;
(b) initiate an intervention hearing; or
(c) initiate the revocation process with an initial hearing.
History: En. Sec. 18, Ch. 153, L. 1955; Sec. 94-9838, R.C.M. 1947; amd. Sec. 1, Ch. 140, L. 1973; redes. 95-3220 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3220, R.C.M. 1947; amd. and redes. 95-3308 by Sec. 13, Ch. 333, L. 1975; amd. Sec. 63, Ch. 184, L. 1977; R.C.M. 1947, 95-3308(1); amd. Sec. 5, Ch. 505, L. 1999; amd. Sec. 14, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1026. When prisoner considered a fugitive

46-23-1026. When prisoner considered a fugitive.
A prisoner for whose return a warrant has been issued shall, after the issuance of the warrant, if it is found that the warrant cannot be served, be considered a fugitive or to have fled from justice.
History: En. Sec. 18, Ch. 153, L. 1955; Sec. 94-9838, R.C.M. 1947; amd. Sec. 1, Ch. 140, L. 1973; redes. 95-3220 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3220, R.C.M. 1947; amd. and redes. 95-3308 by Sec. 13, Ch. 333, L. 1975; amd. Sec. 63, Ch. 184, L. 1977; R.C.M. 1947, 95-3308(4).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1027. Parole achievement credit

46-23-1027. Parole achievement credit.
(1) The department shall acknowledge achievements by a parolee who, by completion of an activity described in subsection (2), has shown a willingness to reenter society as a productive and responsible member.
(2) The department shall acknowledge achievements, such as:
(a) obtaining a high school diploma or a high school equivalency diploma;
(b) obtaining a degree from an accredited postsecondary educational institution;
(c) completion of an approved apprenticeship program;
(d) completion of an accredited vocational certification program;
(e) employment of at least 20 scheduled hours a week, for 6 or more months;
(f) attendance at a faith-based, social service, or rehabilitation activity for 6 or more months; or
(g) any other achievement designated by a department rule.
History: En. Sec. 1, Ch. 238, L. 2007; amd. Sec. 25, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1028. Supervision responses grid -- report

46-23-1028. Supervision responses grid -- report.
(1) The department shall revise, maintain, and fully implement the policy known as the Montana incentives and interventions grid. The grid must guide responses to negative and positive behavior by people under supervision by the department, including responses to violations of supervision conditions, in a swift, certain, and proportional manner. The grid must include guidance and procedures to determine when and how to:
(a) request a warrant or arrest without a warrant;
(b) use a 72-hour detention;
(c) initiate an intervention hearing;
(d) seek departmental approval to use up to 90-day interventions; and
(e) exhaust and document appropriate graduated violation responses before initiating the revocation process.
(2) The grid must recommend the least restrictive placement for offenders based on the result of a validated risk and needs assessment. Placement decisions must be documented in the offender's file and must indicate any other less secure sanction options considered by the probation and parole officer before utilizing a higher level of custody.
(3) The department shall:
(a) provide information and training on the grid for probation and parole officers and supervisors and for members and staff of the board of pardons and parole;
(b) offer information and training on the grid to district court judges, prosecution and defense attorneys, law enforcement personnel, county detention center personnel, contracted service providers, and other interested personnel;
(c) review the grid every 5 years to ensure that it adheres to evidence-based practices and that the use of sanctions and incentives by probation and parole officers is consistent across the state;
(d) ensure that the guidance and procedures established in the grid consider community safety and the needs of the victim and offender;
(e) collect data relating to placement decisions based on the grid; and
(f) aggregate collected data and provide a report to the law and justice interim committee in accordance with 5-11-210.
History: En. Sec. 5, Ch. 390, L. 2017; amd. Sec. 77, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1031. Supervisory fees -- account established

46-23-1031. Supervisory fees -- account established.
(1) (a) Except as provided in subsection (1)(c), a probationer, parolee, or person committed to the department who is supervised by the department:
(i) shall pay to the department a supervisory fee of no less than $120 a year and no more than $360 a year, prorated at no less than $10 a month for the number of months under supervision; or
(ii) under continuous satellite-based monitoring shall pay to the department a supervisory fee of no more than $4,000 a year as established by rules adopted by the department under 46-23-1010.
(b) A person allowed to transfer supervision to another state shall pay a fee of $50 to cover the cost of processing the transfer. The interstate transfer fees required by this subsection must be collected by the department.
(c) The court, department, or board may reduce or waive a fee required by subsection (1)(a) or (1)(b) or suspend the monthly payment of the supervisory fee if it determines that the payment would cause the person a significant financial hardship.
(2) (a) There is an account in the state special revenue fund for the supervisory fees collected under the provisions of this section.
(b) The department shall deposit the total supervisory fees collected pursuant to subsection (1) into the state special revenue account established in subsection (2)(a).
History: En. Sec. 1, Ch. 577, L. 1993; amd. Sec. 7, Ch. 505, L. 1999; amd. Sec. 13, Ch. 13, Sp. L. August 2002; amd. Sec. 2, Ch. 386, L. 2003; amd. Sec. 6, Ch. 360, L. 2005; amd. Sec. 2, Ch. 473, L. 2005; amd. Sec. 3, Ch. 66, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1032. Federal forfeiture funds -- use

46-23-1032. Federal forfeiture funds -- use.
(1) Money forfeited under federal law and provided to the department of corrections may be deposited in an account in the federal special revenue fund.
(2) Money from federal forfeiture funds deposited in the account may be used for training probation and parole officers, for the purchase of equipment for probation and parole officers, or for other criminal justice purposes upon appropriation by the legislature.
History: En. Sec. 1, Ch. 219, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1033. Repealed

46-23-1033. Repealed.
Sec. 137, Ch. 114, L. 2003.
History: En. Sec. 4, Ch. 505, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1040. Policy -- housing options after release

46-23-1040. Policy -- housing options after release.
(1) It is the policy of the state of Montana that individuals released from the Montana state prison or community corrections programs be afforded every reasonable opportunity to obtain permanent housing in order to increase the likelihood that the individuals will succeed in:
(a) finding employment;
(b) establishing ties to the community; and
(c) avoiding recidivism and a return to prison or other corrections programs.
(2) In order to accomplish the purposes of this section, the department shall:
(a) coordinate with local governments and local agencies to identify all available housing options within a community;
(b) encourage efforts to increase available housing options; and
(c) identify for each individual leaving the corrections system the community resources available to the individual to assist with housing needs.
History: En. Sec. 1, Ch. 179, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 10. Supervision of Probationers and Parolees › 46-23-1041. Rental vouchers

46-23-1041. Rental vouchers.
(1) If the department does not approve an offender's parole plan because the offender is unable to secure suitable living arrangements, the department may provide rental vouchers to the offender for a period not to exceed 3 months if the rental assistance will result in an approved parole plan.
(2) The voucher must be provided in conjunction with additional transition support that enables the offender to participate in programs and services, including but not limited to substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming.
(3) To receive rental vouchers and transitional assistance funds from the department of corrections, a recovery residence:
(a) must be a certified recovery residence, as defined in 53-24-310;
(b) shall notify a resident's probation or parole officer within 24 hours of the resident moving out, if a resident is on probation or parole when the resident moves out of the recovery residence; and
(c) shall permit residents to receive treatment and take medication prescribed by a qualified health care provider. The provisions of this subsection (3)(c) do not include a recovery residence or program that limits or prohibits the use of narcotic medication in order to provide a safe recovery environment to individuals who may be addicted to legal medication. The recovery residence or program shall report this practice as required in 53-24-311(3)(b) and 53-24-313.
History: En. Sec. 3, Ch. 179, L. 2017; amd. Sec. 10, Ch. 574, L. 2021; amd. Sec. 6, Ch. 648, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1101. Repealed

46-23-1101. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 4, Ch. 189, L. 1937; Sec. 94-7902, R.C.M. 1947; redes. 95-3202 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3202.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1102. Repealed

46-23-1102. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 1, Ch. 189, L. 1937; Sec. 94-7901, R.C.M. 1947; redes. 95-3201 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3201.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1103. Repealed

46-23-1103. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 1, Ch. 75, L. 1973; R.C.M. 1947, 95-3202.1.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1104. Repealed

46-23-1104. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 2, Ch. 75, L. 1973; R.C.M. 1947, 95-3202.2.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1105. Repealed

46-23-1105. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 3, Ch. 75, L. 1973; R.C.M. 1947, 95-3202.3.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 11. Interstate Compact for Adult Offender Supervision › 46-23-1106. Repealed

46-23-1106. Repealed.
Sec. 2, Ch. 18, L. 2001.
History: En. Sec. 4, Ch. 75, L. 1973; R.C.M. 1947, 95-3202.4.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-101. Purpose

46-24-101. Purpose.
The legislature declares that the purposes of this chapter are to:
(1) protect the role of crime victims and witnesses in the criminal justice process;
(2) assure that victims and witnesses of crime receive fair and proper treatment from law enforcement agencies and prosecutors; and
(3) provide a standard of conduct governing the treatment of victims and witnesses in criminal cases.
History: En. Sec. 1, Ch. 554, L. 1985.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-102. Training in victim assistance

46-24-102. Training in victim assistance.
The Montana law enforcement academy shall offer education and training in victim assistance to law enforcement officers and prosecuting attorneys and shall provide such education and training in its regular curriculum, so that victims may be properly assisted.
History: En. Sec. 9, Ch. 554, L. 1985.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-103. Duty of attorney general

46-24-103. Duty of attorney general.
The attorney general shall ensure that victims and witnesses of crime receive fair and proper treatment in the criminal justice system. The attorney general shall prepare a written notice of the rights and services available to victims of crime under this chapter. The notice must be distributed to local law enforcement agencies in the state. In addition, the attorney general shall ensure that victims and witnesses are provided important services and assistance as required under this chapter.
History: En. Sec. 10, Ch. 554, L. 1985; amd. Sec. 29, Ch. 125, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-104. Consultation with victim of certain offenses

46-24-104. Consultation with victim of certain offenses.
As soon as possible prior to disposition of the case, the prosecuting attorney in a criminal case shall consult with the victim of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim or, in the case of a minor child victim or homicide victim, with the family of the victim in order to obtain the views of the victim or the victim's family regarding the disposition of the case, including:
(1) dismissal of the case;
(2) release of the accused pending judicial proceedings;
(3) plea negotiations; and
(4) pretrial diversion of the case from the judicial process.
History: En. Sec. 6, Ch. 554, L. 1985; amd. Sec. 30, Ch. 125, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-105. No cause of action for damages

46-24-105. No cause of action for damages.
Nothing in this chapter may be construed to create a cause of action for damages against the state or one of its political subdivisions.
History: En. Sec. 11, Ch. 554, L. 1985.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 1. General Provisions › 46-24-106. Crime victims -- family members -- right to attend proceedings -- exceptions -- right to receive documents -- rights during interview

46-24-106. Crime victims -- family members -- right to attend proceedings -- exceptions -- right to receive documents -- rights during interview.
(1) Except as provided in subsection (2), a victim of a criminal offense has the right to be present during any trial or hearing conducted by a court that pertains to the offense, including a court proceeding conducted under Title 41, chapter 5. A victim of a criminal offense may not be excluded from any trial or hearing based solely on the fact that the victim has been subpoenaed or required to testify as a witness in the trial or hearing.
(2) A judge may exclude a victim of a criminal offense from:
(a) a trial or hearing upon the finding of specific facts supporting exclusion or for disruptive behavior; or
(b) a portion of a proceeding under Title 41, chapter 5, that deals with sensitive personal matters of a youth or a youth's family and that does not directly relate to the act or alleged act committed against the victim.
(3) If a victim is excluded from a trial or hearing upon the finding of specific facts supporting exclusion, the victim must be allowed to address the court on the issue of exclusion prior to the findings.
(4) A family member of a victim may not be excluded from a trial or hearing based solely on the fact that the family member is subpoenaed or required to testify as a witness in the trial or hearing unless there is a showing that the family member can give relevant testimony as to the guilt or innocence of the defendant or that the defendant's right to a fair trial would be jeopardized if the family member is not excluded.
(5) As used in this section, "victim" means:
(a) a person who suffers loss of property, bodily injury, or reasonable apprehension of bodily injury as a result of:
(i) the commission of an offense;
(ii) the good faith effort to prevent the commission of an offense; or
(iii) the good faith effort to apprehend a person reasonably suspected of committing an offense; or
(b) a member of the immediate family of a homicide victim.
(6) (a) Except as provided in subsection (6)(c), a victim of a criminal offense has the right to receive, upon request and at no cost to the victim, one copy of all public documents filed in the court file.
(b) If the victim is under 18 years of age, copies provided under subsection (6)(a) must be provided to the victim's parent or guardian instead of to the minor victim.
(c) Subsection (6)(a) does not apply to:
(i) trial transcripts;
(ii) trial exhibits;
(iii) court proceedings conducted under Title 41, chapter 5; or
(iv) documents the prosecutor determines would adversely affect the prosecution if released.
(7) A victim of a criminal offense has the right, upon request, to have a victim advocate present when the victim is interviewed about the offense.
History: En. Sec. 1, Ch. 104, L. 2001; amd. Sec. 1, Ch. 33, L. 2005; amd. Sec. 1, Ch. 424, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-201. Services to victims of crime

46-24-201. Services to victims of crime.
(1) Law enforcement personnel shall ensure that a victim of a crime receives emergency social and medical services as soon as possible and that the victim is given written notice, in the form supplied by the attorney general, of the following:
(a) the availability of crime victim compensation;
(b) access by the victim and the defendant to information about the case, including the right to receive documents under 46-24-106;
(c) the role of the victim in the criminal justice process, including what the victim can expect from the system, as well as what the system expects from the victim, and including the right to be accompanied during interviews as provided in 46-24-106; and
(d) stages in the criminal justice process of significance to a crime victim and the manner in which information about the stages may be obtained.
(2) In addition to the information supplied under subsection (1), law enforcement personnel shall provide the victim with written information on community-based victim treatment programs, including medical, housing, counseling, and emergency services available in the community.
(3) As soon as possible, law enforcement personnel shall give to the victim the following information:
(a) the name, office address, and telephone number of a law enforcement officer assigned to investigate the case; and
(b) the prosecuting attorney's name, office address, and telephone number.
History: En. Sec. 2, Ch. 554, L. 1985; amd. Sec. 31, Ch. 125, L. 1995; amd. Sec. 2, Ch. 424, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-202. Notification of available protective services

46-24-202. Notification of available protective services.
Law enforcement officers and prosecuting attorneys shall provide a victim or witness information on the availability of services to protect the victim or witness from intimidation, including the process for obtaining a protective order from the court.
History: En. Sec. 3, Ch. 554, L. 1985; amd. Sec. 32, Ch. 125, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-203. Prompt notification to victims and witnesses of certain offenses

46-24-203. Prompt notification to victims and witnesses of certain offenses.
(1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person's case, including:
(a) the arrest of an accused;
(b) the release of the accused pending judicial proceedings;
(c) the crime with which the accused has been charged, including an explanation of the elements of the offense when necessary to an understanding of the nature of the crime;
(d) proceedings in the prosecution of the accused, including entry of a plea of guilty or nolo contendere and the setting of a trial date;
(e) if the accused is convicted or pleads guilty or nolo contendere:
(i) the function of a presentence report;
(ii) the name, office address, and telephone number of the person preparing the report; and
(iii) the convicted person's right of access to the report, as well as the victim's right under 46-18-115 to present a statement in writing or orally at the sentencing proceeding and the convicted person's right to be present at the sentencing proceeding and to have access to the victim's statement;
(f) the date, time, and place of any sentencing hearing, the sentence imposed, and the term of imprisonment, if imposed;
(g) the right under 46-24-212 of a victim of a felony offense to receive information from the department of corrections concerning the convicted person's incarceration; and
(h) the right under 46-23-215, 46-23-509, or 46-23-1011 of a victim of a sexual offense, as defined in 46-23-502, to request a sentencing order, condition of parole, or condition of probation to require the convicted person to refrain from direct or indirect contact with the victim.
(2) A person entitled to notification under subsection (1) must be a victim or witness of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim, a relative of a victim or witness who is a minor, or a relative of a homicide victim.
History: En. Sec. 5, Ch. 554, L. 1985; amd. Sec. 33, Ch. 125, L. 1995; amd. Sec. 22, Ch. 395, L. 1999; amd. Sec. 4, Ch. 113, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-204. Scheduling changes

46-24-204. Scheduling changes.
(1) As soon as practicable, the prosecuting attorney shall notify a victim or witness of any scheduling changes that may affect the appearance of the victim or witness at a criminal justice proceeding that the victim or witness is scheduled to attend.
(2) For the purpose of providing notification, the prosecuting attorney shall have available a system for promptly alerting a victim or witness that a scheduling change has been made.
History: En. Sec. 4, Ch. 554, L. 1985; amd. Sec. 1769, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-205. Notification to employer or creditor -- limitations on employer

46-24-205. Notification to employer or creditor -- limitations on employer.
(1) The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from the place of employment.
(2) A law enforcement agency or prosecuting attorney shall assist a victim or witness who, as a direct result of a crime or because of cooperation with the law enforcement agency or prosecuting attorney, is subjected to serious financial strain. The agency or prosecuting attorney shall assist the victim or witness by explaining to creditors the reason for the serious financial strain.
(3) An employer may not discharge or discipline a victim or a member of the victim's family for participation at the prosecuting attorney's request in preparation for or attendance at a criminal justice proceeding.
(4) As used in this section, "member of the victim's family" means the victim's spouse, child by birth or adoption, stepchild, parent, stepparent, or sibling, but does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.
History: En. Sec. 8, Ch. 554, L. 1985; amd. Sec. 34, Ch. 125, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-206. Property return -- right to be heard on disposition of evidence

46-24-206. Property return -- right to be heard on disposition of evidence.
(1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.
(2) Before the destruction, disposal, or use of evidence that is not the victim's property, the court shall, as provided in 46-5-308, give the victim an opportunity to be heard as to the appropriate disposition of the evidence.
History: En. Sec. 7, Ch. 554, L. 1985; amd. Sec. 6, Ch. 186, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-211. Information concerning appeal or postconviction remedies

46-24-211. Information concerning appeal or postconviction remedies.
If the defendant appeals or pursues a postconviction remedy or the district court grants a hearing under Title 41, chapter 5, part 25, the attorney general or the county attorney if the case has not been referred to the attorney general shall promptly inform the victim of the notice of appeal, hearing under Title 41, chapter 5, part 25, or postconviction petition, of the date, time, and place of any hearing, and of the decision.
History: En. Sec. 35, Ch. 125, L. 1995; amd. Sec. 14, Ch. 532, L. 1999; amd. Sec. 94, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-212. Information concerning confinement

46-24-212. Information concerning confinement.
On request of a victim of a felony offense, the department of corrections or the board of pardons and parole, as applicable, shall:
(1) promptly inform the victim of the following information concerning a prisoner committing the offense:
(a) the custody level;
(b) the projected discharge or parole eligibility date;
(c) the actual date of the prisoner's discharge from confinement or parole, if reasonably ascertainable;
(d) the time and place of a parole hearing concerning the prisoner, the victim's right to submit a statement to the board of pardons and parole or the hearing panel conducting a parole hearing under 46-23-202, and the victim's right under 46-23-215, 46-23-509, or 46-23-1011 to request a condition of parole or probation to require the prisoner to refrain from direct or indirect contact with the victim; and
(e) the community in which the prisoner will reside after parole;
(2) provide reasonable advance notice to the victim before release of the defendant on furlough or to a work-release program, halfway house, or other community-based program or correctional facility; and
(3) promptly inform the victim of the occurrence of any of the following events concerning the prisoner:
(a) an escape from a correctional or mental health facility or community program;
(b) a recapture;
(c) a decision of the board of pardons and parole;
(d) a decision of the governor to commute the sentence or to grant executive clemency;
(e) a release from confinement and any conditions attached to the release; and
(f) the prisoner's death.
History: En. Sec. 36, Ch. 125, L. 1995; amd. Sec. 203, Ch. 42, L. 1997; amd. Sec. 12, Ch. 189, L. 1997; amd. Sec. 11, Ch. 559, L. 2003; amd. Sec. 5, Ch. 113, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-213. General requirements for information

46-24-213. General requirements for information.
(1) Unless specifically stated otherwise, the requirements of 44-2-601, 46-24-104, 46-24-201 through 46-24-203, 46-24-211, and 46-24-212 to provide information to the victim may be satisfied by written, electronic, or oral communication with the victim or the victim's designee.
(2) The person responsible for providing information required by 44-2-601, 46-24-104, 46-24-201 through 46-24-203, 46-24-211, and 46-24-212 shall promptly inform the victim of significant changes in the information.
(3) The obligation to furnish information to a victim under 44-2-601, 46-24-104, 46-24-201 through 46-24-203, 46-24-211, and 46-24-212 is conditioned upon the victim informing the appropriate agency in writing or by electronic means of the name, mailing address, electronic address, if applicable, and telephone number of the person to whom the information should be provided and of any change of name, mailing or electronic address, or telephone number.
History: En. Sec. 37, Ch. 125, L. 1995; amd. Sec. 1, Ch. 37, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-218. Identity theft report -- process -- investigation

46-24-218. Identity theft report -- process -- investigation.
(1) A law enforcement agency that receives a report of identity theft, as described in 45-6-332, from a victim of identity theft shall request two forms of identification sufficient to determine the identity of the victim. The forms of identification may include but are not limited to:
(a) a driver's license or other current, valid photo identification card, including but not limited to a school district or postsecondary education photo identification or a tribal photo identification that shows the individual's name;
(b) a birth certificate; or
(c) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and address.
(2) The law enforcement agency shall:
(a) notwithstanding subsection (1), immediately begin to investigate the report of identity theft, based upon whatever proof of identity the victim is able to provide, if any, at the time of making the report and proceed with the investigation as far as the agency is able;
(b) within 72 hours of receiving an identity theft victim's complaint, provide to the victim one copy of the police report, law enforcement investigative report, or filed complaint; and
(c) as provided in 46-24-220, send another copy along with the victim's completed application for an identity theft passport to the attorney general.
(3) Within 72 hours after making the report of identity theft, the victim shall provide the forms of identification requested pursuant to subsection (1). If the victim is unable to provide that identification within that time, the victim shall explain to the law enforcement agency receiving the report why the victim is unable to provide those forms of identification.
(4) The law enforcement agency shall take a complaint as provided under subsection (1) even if jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft. The law enforcement agency that takes the complaint may refer the complaint to a law enforcement agency that has apparent jurisdiction.
(5) (a) The law enforcement agency with which the original police report, investigative report, or complaint is filed shall cooperate fully with other law enforcement agencies of the same or another jurisdiction and investigate the identity theft within its resources.
(b) A complaint filed under this section is not required to be counted as an open case for purposes of compiling open case statistics.
History: En. Sec. 1, Ch. 195, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 2. Services to Victim, Witness › 46-24-219. Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules

46-24-219. Application to expunge record -- identity theft passport required -- notice -- fee waiver -- rules.
(1) A victim of identity theft, as described in 45-6-332, may apply to a district court to expunge from the victim's record any records or entries relating to a charge or conviction in which another person used personal identifying information of the victim to commit an offense or violation, including records or entries relating to a charge or conviction that was dismissed or set aside.
(2) A victim who applies to have a record expunged shall provide to the court an identity theft passport as provided under 46-24-220 and other documents or information necessary to establish that the charge or conviction referred to in subsection (1) was the result of a person using the personal identifying information of the victim to commit the offense or violation.
(3) After granting the expungement, the court shall forward a copy of the expungement order to the department of justice. Upon receipt of the court order, the department shall expunge the pertinent records.
(4) Notwithstanding any other provision of law, a victim seeking expungement under this section may not be charged a fee by the court.
(5) The department of justice may adopt rules to implement procedures regarding law enforcement agency procedures for handling the expunged records.
History: En. Sec. 4, Ch. 195, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 3. Victim's Rights (Repealed) › 46-24-301. Repealed

46-24-301. Repealed.
Sec. 3, Ch. 7, L. 2019.
History: En. Sec. 1, Ch. 335, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 3. Victim's Rights (Repealed) › 46-24-302. Repealed

46-24-302. Repealed.
Sec. 3, Ch. 7, L. 2019.
History: En. Sec. 2, Ch. 335, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 24. Treatment of Victims and Witnesses › Part 3. Victim's Rights (Repealed) › 46-24-307. Repealed

46-24-307. Repealed.
Sec. 3, Ch. 7, L. 2019.
History: En. Sec. 3, Ch. 335, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 1. General Provisions › 46-30-101. Definitions

46-30-101. Definitions.
As used in this chapter, the term:
(1) "executive authority" includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a recognized Indian tribe within the state of Montana;
(2) "governor" includes any person performing the functions of governor by authority of the law of this state;
(3) "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the state of Montana.
History: En. 95-3101 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3101; amd. Sec. 1, Ch. 379, L. 1991; amd. Sec. 1770, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 1. General Provisions › 46-30-102. Nonwaiver by this state

46-30-102. Nonwaiver by this state.
Nothing contained in this chapter may be considered a waiver by this state of its right, power, or privilege to try the demanded person for a crime committed within this state or of its right, power, or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for a crime committed within this state; nor may any proceedings had under this chapter which result in or fail to result in extradition be considered in any way a waiver by this state of any of its rights, privileges, or jurisdiction.
History: En. 95-3129 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 58, Ch. 184, L. 1977; R.C.M. 1947, 95-3129.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-201. Fugitives from justice -- duty of governor

46-30-201. Fugitives from justice -- duty of governor.
Subject to the provisions of this chapter, the provisions of the constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime who has fled from justice and is found in this state.
History: En. 95-3102 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3102.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-202. Prosecution pending in this state at time of requisition

46-30-202. Prosecution pending in this state at time of requisition.
If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the governor may surrender the person on demand of the executive authority of another state or hold the person until the person has been tried and discharged or convicted and punished in this state.
History: En. 95-3119 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3119; amd. Sec. 1771, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-203. Extradition of persons who left demanding state involuntarily

46-30-203. Extradition of persons who left demanding state involuntarily.
The governor of this state may also surrender on demand of the governor of any other state any person in this state who is charged in the manner provided in 46-30-401 with having violated the laws of the state whose governor is making the demand, even though such person left the demanding state involuntarily.
History: En. 95-3105 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3105(part).