reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 7. Jail Work Release Program › 46-18-701. Limited release during employment hours

46-18-701. Limited release during employment hours.
(1) A court, after having sentenced a person to confinement in a county jail, may, in its discretion, upon request of the county attorney and sheriff of the county and with the consent of the convicted person, order that any part of the imprisonment imposed be served in confinement with limited release during the hours or periods the convicted person is actually employed.
(2) Upon the issuance of an order for limited release under this part, the sheriff shall arrange for the convicted person to continue the person's regular employment without interruption insofar as is reasonably possible. However, the prisoner must be confined in the county jail during the hours when the prisoner is not employed.
History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(a), (b); amd. Sec. 8, Ch. 189, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 7. Jail Work Release Program › 46-18-702. Disposition of prisoner's earnings

46-18-702. Disposition of prisoner's earnings.
The earnings of the prisoner must be collected by the sheriff. From those earnings, the sheriff shall pay the prisoner's board and personal expenses both inside and outside the jail and, to the extent directed by the court, pay the support of the prisoner's dependents, if any. Any balance must be retained until the prisoner's discharge.
History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(c); amd. Sec. 1756, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 7. Jail Work Release Program › 46-18-703. Transfer to another county

46-18-703. Transfer to another county.
The court may by order authorize the sheriff of the sentencing county to arrange with a sheriff of any other county within the state of Montana to have the convicted person transferred to the other county where it appears the convicted person can continue the person's regular employment in the latter county. When the transfer has been made to another county, the sheriff of the sentencing county shall still collect all money earned by the convicted person and shall dispose of the money as provided by 46-18-702.
History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(f); amd. Sec. 1757, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 7. Jail Work Release Program › 46-18-704. Reduction of sentence

46-18-704. Reduction of sentence.
The committing court may, in its discretion, upon request of the county attorney and sheriff of such county, reduce the sentence of the prisoner up to one-fourth of the full term if, in the opinion of the court, the prisoner's conduct, diligence, and general attitude merit such diminution.
History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 7. Jail Work Release Program › 46-18-705. Effect of violation of conditions

46-18-705. Effect of violation of conditions.
In cases in which the convicted person violates the conditions of a sentence, the person must be returned to the court. The court may then require that the balance of the person's sentence be spent in full confinement, and further, the court may cancel any diminution of sentence granted under this part.
History: En. 95-2216 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2216(e); amd. Sec. 1758, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 8. Effect of Conviction › 46-18-801. Effect of conviction -- civil disabilities

46-18-801. Effect of conviction -- civil disabilities.
(1) Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. If the sentencing judge incorporates by reference in the sentencing order rules of the department of corrections or the board of pardons and parole setting conditions of probation, parole, or supervised release with which the offender is required to comply, the incorporation by reference constitutes a specific enumeration of the conditions for purposes of this section.
(2) Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the person's sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred.
History: En. 95-2227 by Sec. 9, Ch. 513, L. 1973; R.C.M. 1947, 95-2227; amd. Sec. 1, Ch. 555, L. 1995; amd. Sec. 201, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 9. Appellate Review of Legal Sentences › 46-18-901. Review division of supreme court -- review of sentences

46-18-901. Review division of supreme court -- review of sentences.
(1) The chief justice of the supreme court of Montana shall appoint three district court judges to act as a review division of the supreme court and shall designate one of the judges to act as presiding officer of the review division. The clerk of the Montana supreme court shall record the appointment and shall give notice of the appointment to the clerk of every district court.
(2) The review division shall meet at least four times a year as its business requires, as determined by the presiding officer. The review division shall hold its meetings at locations as determined by the review division.
(3) The decision of two of the judges is sufficient to determine any matter before the review division.
(4) The review division may adopt any rules that will expedite its review of sentences. The division is also authorized to appoint a secretary.
History: En. 95-2501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2501(part); amd. Sec. 1, Ch. 69, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 9. Appellate Review of Legal Sentences › 46-18-902. Interested judge not to act

46-18-902. Interested judge not to act.
A judge may not sit or act on a review of a sentence that was imposed by the judge. In any case in which review of a sentence imposed by any of the judges serving on the review division is to be acted on by the division or if any member is unavailable to serve, the chief justice of the supreme court of Montana may designate another judge to act in place of the judge.
History: En. 95-2501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2501(part); amd. Sec. 2, Ch. 69, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 9. Appellate Review of Legal Sentences › 46-18-903. Application for review

46-18-903. Application for review.
(1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have been imposed, file with the clerk of the district court in the county in which judgment was rendered an application for review of the sentence by the review division. Upon imposition of the sentence, the clerk shall give written notice to the person sentenced and to the person's counsel of the right to make a request. The notice must include a statement that review of the sentence may result in a decrease or increase of the sentence within limits fixed by law.
(2) The clerk shall transmit the application to the review division and shall notify the judge who imposed the sentence, the county attorney of the county in which the sentence was imposed, and the person's counsel of record. The judge may transmit to the review division a statement of the judge's reasons for imposing the sentence and shall transmit the statement within 7 days if requested to do so by the review division.
(3) The review division may for cause shown consider any late request for review of sentence and may grant or deny the request.
(4) The filing of an application for review may not stay the execution of the sentence.
History: En. 95-2502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2502; amd. Sec. 3, Ch. 69, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 9. Appellate Review of Legal Sentences › 46-18-904. Procedure upon review

46-18-904. Procedure upon review.
(1) In each case in which an application for review is filed in accordance with 46-18-903, the review division:
(a) (i) shall review the judgment as it relates to the sentence imposed and any other sentence imposed on the person at the same time; and
(ii) may order a different sentence or sentences to be imposed as could have been imposed at the time of the imposition of the sentence under review, including a decrease or increase in the penalty; or
(b) may decide that the sentence under review should stand.
(2) In reviewing a judgment, the division may require the production of presentence reports and any other records, documents, or exhibits relevant to the review proceedings. The person requesting the review may appear and has the right to be represented by counsel, and the state may be represented by the county attorney of the county in which the sentence was imposed. Any other interested person, including the sentencing judge, may attend and participate in the review proceedings.
(3) The sentence imposed by the district court is presumed correct. If the review division orders a different sentence, the court sitting in any convenient county shall resentence the person as ordered by the review division. Time served on the sentence reviewed is considered to have been served on the sentence substituted.
History: En. 95-2503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2503(part); amd. Sec. 1, Ch. 654, L. 1985; amd. Sec. 4, Ch. 69, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 9. Appellate Review of Legal Sentences › 46-18-905. Decision -- finality, report of

46-18-905. Decision -- finality, report of.
(1) The decision of the review division in each case is final, and the reasons for the decision must be stated in the decision. The original of each decision must be sent to the clerk of the court for the county in which the judgment was rendered, and a copy must be sent to the judge who imposed the sentence reviewed, the person sentenced, the defense counsel, the county attorney, and the principal officer of the institution in which the person is confined.
(2) The decision must be reported in the Montana Reports.
History: En. 95-2503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2503(part); amd. Sec. 5, Ch. 69, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1001. Definitions

46-18-1001. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Home" means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority.
(b) When more than one residence or family are located on a single piece of property, the term does not include the residence of any other person who is not part of the social unit formed by the offender's immediate family.
(2) "Home arrest" means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. It does not include intensive supervision by the department of corrections.
(3) "Monitoring device" means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. The device may include an apparatus for testing the offender's breath for the presence of alcohol. A telephone alone is not a monitoring device.
(4) "Supervising authority" means:
(a) in the case of an adult felon, the department of corrections;
(b) in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or
(c) in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court.
(5) "Violent felony offense" means deliberate homicide, mitigated deliberate homicide, negligent homicide, aggravated assault, negligent vehicular assault, kidnapping, aggravated kidnapping, robbery, sexual intercourse without consent, sexual abuse of children, arson, aggravated burglary, escape, any criminal attempt to commit an enumerated offense, or conviction as a persistent felony offender when the offender has a felony conviction for any of the listed offenses within the 5-year period preceding the date of the present conviction.
History: En. Sec. 1, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 218, Ch. 546, L. 1995; amd. Sec. 2, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1002. Home arrest -- petition -- agreement

46-18-1002. Home arrest -- petition -- agreement.
(1) An offender may petition a sentencing court for an order directing that all or a portion of a sentence of imprisonment be served under conditions of home arrest. The term of home arrest may not exceed 6 months. Petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the offender's sentence.
(2) The petition must include:
(a) either a statement by the department of corrections that it has a monitoring device available for its use on the offender or information from the offender as to a private company that can and will implement the home arrest, along with the name and credentials of the company and the type of monitoring device to be used;
(b) the place of any employment of the offender and the name of the offender's supervisor;
(c) if the offender has been accepted into one, a plan for participation in an educational, treatment, or training program;
(d) the source and amount of any income of the offender; and
(e) the address at which the home arrest will occur and a list of any other persons who will reside at that address during all or part of the home arrest, their ages, and their relationship to the offender.
(3) The sentencing judge shall refer the petition to the supervising authority. The supervising authority shall review the petition and accept or reject the offender for home arrest. If the offender is rejected, the sentencing judge shall dismiss the petition. If the offender is accepted, the sentencing judge may conduct a hearing on the petition and grant or deny the petition. An order for home arrest must incorporate the home arrest plan, with any modifications by the court, and require compliance with the plan. The clerk of court shall give the county attorney a copy of the order.
(4) A home arrestee is subject to the decisions and applicable rules of the supervising authority during the period of supervision.
(5) The offender shall file with the court the written and notarized consent to the home arrest signed by each adult who will reside with the offender during all or part of the home arrest.
History: En. Sec. 2, Ch. 105, L. 1991; amd. Sec. 3, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1003. Home arrest -- conditions -- fees

46-18-1003. Home arrest -- conditions -- fees.
(1) A home arrestee must be confined to the arrestee's home under conditions imposed by the sentencing court, which may include but are not limited to the following:
(a) The home arrestee must be confined to the arrestee's home at all times except when:
(i) working at approved employment or traveling directly to and from employment;
(ii) seeking employment;
(iii) undergoing medical, psychiatric, or mental health treatment or participating in an approved counseling or aftercare program;
(iv) attending an educational institution or program approved by the supervising authority;
(v) attending a regularly scheduled religious service at a place of worship;
(vi) participating in an approved community service program; or
(vii) conforming to a schedule prepared by the supervising authority, specifically setting forth the times when the arrestee may be absent from the home and the locations where the arrestee may be during those times.
(b) The home arrestee may not change the place of home arrest or the schedule without prior approval of the supervising authority.
(c) The home arrestee shall maintain a telephone in the home and the ordered monitoring device on the arrestee's person at all times.
(d) Conditions set by the court or the supervising authority may include:
(i) restitution;
(ii) supervision fees under 7-32-2245, 46-18-702, 46-18-703, or 46-23-1031;
(iii) any of the conditions imposed on persons on probation or conditional discharge under 46-23-1011 or 46-23-1021.
(2) An arrest warrant may be issued if the supervising authority has reason to believe that the home arrestee has violated a condition of the home arrest. Upon arrest, the supervising authority shall notify the sentencing court and give the court a written report on the violation. The court shall conduct a hearing and, if the violation is established, may revoke the home arrest and require the home arrestee to serve all or a part of the sentence. If imposition of sentence was suspended, the court may impose any sentence that could have been originally imposed. Time spent under home arrest must be credited against any sentence to be served.
History: En. Sec. 3, Ch. 105, L. 1991; amd. Sec. 4, Ch. 322, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1004. Home arrest -- ineligibility

46-18-1004. Home arrest -- ineligibility.
A person being held under a detainer, warrant, or process issued by some other jurisdiction is not eligible for home arrest. A person convicted of a violent felony offense is not eligible for home arrest. However, this section does not prevent the use of a monitoring device as a part of an intensive supervision program or other program of the department of corrections.
History: En. Sec. 4, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 219, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1005. Home arrest -- responsibility for own living expenses -- government benefits

46-18-1005. Home arrest -- responsibility for own living expenses -- government benefits.
A person serving a sentence under conditions of home arrest is responsible for food, housing, clothing, and medical care expenses and is eligible for government benefits to the same extent as a person on probation, parole, or conditional discharge.
History: En. Sec. 5, Ch. 105, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 10. Home Arrest › 46-18-1006. Home arrest -- list of offenders

46-18-1006. Home arrest -- list of offenders.
At least once every 30 days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home arrest in their jurisdictions. This list must include the following information:
(1) the offender's place of home arrest;
(2) the offense for which the offender was charged, convicted, or otherwise placed under home arrest;
(3) the date that the sentence of home arrest will be completed; and
(4) the name, address, and phone number of the officer of the supervising authority for the offender.
History: En. Sec. 6, Ch. 105, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1101. Repealed

46-18-1101. Repealed.
Sec. 11, Ch. 384, L. 2019.
History: En. Sec. 1, Ch. 197, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1102. Short title

46-18-1102. Short title.
This part may be cited as the "Misdemeanor Expungement Clarification Act".
History: En. Sec. 1, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1103. Definitions

46-18-1103. Definitions.
As used in this part, the following definitions apply:
(1) "Expunge" or "expungement" means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form.
(2) (a) "Record" means any:
(i) identifiable description, notation, or photograph of an arrest and detention;
(ii) complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;
(iii) sentence;
(iv) correctional status;
(v) release; or
(vi) court document or filing.
(b) The term does not include a fingerprint record or data that may be maintained for investigative purposes.
History: En. Sec. 2, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1104. Eligibility for misdemeanor expungement

46-18-1104. Eligibility for misdemeanor expungement.
(1) A person convicted of one or more misdemeanor offenses, whether in one court or multiple courts and whether in one case or multiple cases, and who has not had the person's records expunged under this part previously, may petition a district court for an order requiring the expungement of all records of arrest, investigation, and detention, if any, and any court proceedings that may have been held related to the misdemeanor offense or offenses.
(2) A person may petition for expungement pursuant to this part no more than one time during the person's life.
(3) A person submitting a petition for expungement under this part must be fingerprinted for purposes of validating the person's identity.
History: En. Sec. 3, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1105. Venue

46-18-1105. Venue.
A person may file a petition for expungement in the district court of a judicial district in which the person was convicted of a misdemeanor for which expungement is sought.
History: En. Sec. 4, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1106. Notice

46-18-1106. Notice.
(1) A person seeking expungement shall serve a copy of the petition for expungement to every prosecution office that prosecuted an offense for which expungement is being requested.
(2) If a victim of an offense subject to a requested expungement exists, the prosecution office responsible for the conviction for which expungement is being requested shall attempt to notify the victim of the offense within 14 days of receiving the petition for expungement and shall document the attempt. The notification must include that the victim has the right to respond to the expungement request and must inform the victim of any dates scheduled for court hearings.
History: En. Sec. 5, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1107. When expungement presumed

46-18-1107. When expungement presumed.
Expungement is presumed if the person requesting expungement is not currently being detained for the commission of an offense, is not charged with the commission of an offense, and does not have charges pending for the commission of a new offense, as verified by the prosecution office responsible for a conviction for which expungement is being requested, and:
(1) the person has not been convicted of any offense in this state, another state, or federal court for a period of 5 years since the person completed the sentencing terms for the offense or offenses for which expungement is being requested, including payment of any financial obligations or successful completion of court-ordered treatment; or
(2) the person has applied to a United States military academy, has applied to enlist in the armed forces or national guard, or is currently serving in the armed forces or national guard and is being held back in any way from enlisting or holding a certain position due to prior conviction.
History: En. Sec. 6, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1108. When expungement not presumed

46-18-1108. When expungement not presumed.
(1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201, partner or family member assault under 45-5-206, stalking under 45-5-220, sexual assault under 45-5-502, a violation of a protective order under 45-5-626, or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs.
(2) In making the determination of whether expungement should be granted, the district court shall consider:
(a) the age of the petitioner at the time the offense was committed;
(b) the length of time between the offense and the request;
(c) the rehabilitation of the petitioner;
(d) the likelihood that the person will reoffend; and
(e) any other factor the court considers relevant.
History: En. Sec. 7, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1109. Procedure

46-18-1109. Procedure.
(1) The court must make its determination for an expungement on a preponderance of the evidence.
(2) A presumption in favor of expungement may be overcome upon a determination that the interests of public safety demand dismissal.
(3) If a representative of a prosecution office appears, the representative must be given an opportunity to respond.
(4) If a victim appears, the victim must be given an opportunity to respond.
(5) (a) The rules of evidence do not apply in an expungement hearing.
(b) The court may exclude irrelevant, immaterial, or unduly repetitious evidence.
History: En. Sec. 8, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1110. Expungement orders

46-18-1110. Expungement orders.
(1) When multiple misdemeanor offenses are requested to be expunged, the court may order expungement of all, some, or none of the misdemeanor offenses.
(2) If an order of expungement is granted:
(a) the order must direct, for each offense being expunged, the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, and the clerk of the court in which the person was sentenced to permanently seal all records of the arrest, investigation, and detention, if any, and any court proceedings that may have been held in the case in the possession of the recipient of the order within existing resources; and
(b) the person whose records are to be expunged shall send, for each offense being expunged, a copy of the order to the arresting law enforcement agency, the prosecutor's office that prosecuted the offense, the clerk of the court in which the person was sentenced, and the department of justice, along with the fingerprints taken pursuant to 46-18-1104 for validating identity and a form prepared by the department of justice that contains identifying information about the petitioner.
(3) On receipt of an expungement order sent pursuant to subsection (2)(b), the department of justice shall, within existing department resources, expunge all records of arrest, investigation, detention, and court proceedings relating to the person's offenses addressed by the order.
History: En. Sec. 9, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 11. Expungement of Records › 46-18-1111. Rulemaking authority

46-18-1111. Rulemaking authority.
For purposes of handling expunged records, the department of justice may adopt rules to implement the provisions of this section.
History: En. Sec. 10, Ch. 384, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 1. Method of Execution › 46-19-101. Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay

46-19-101. Commitment of defendant -- transfer of information in possession of sheriff -- notification to court of delay.
(1) Upon oral pronouncement of a sentence imposing punishment of imprisonment, commitment to the department of corrections, placement in a prerelease center, community corrections facility, or other place of confinement, or death, the court shall commit the defendant to the custody of the sheriff, who shall deliver the defendant to the place of confinement, commitment, or execution and give that place an order, which must be signed by the sentencing judge on the date of oral pronouncement of sentence, stating that the defendant is sentenced to that place for imprisonment, commitment, placement, or execution, as the case may be. The order is authority for that place to hold the defendant pending receipt by that place of a copy of the written judgment.
(2) When a sheriff delivers the defendant to the place of confinement, commitment, or execution, the sheriff shall deliver at the same time all information in the possession of the sheriff regarding the physical and mental health of the defendant, including health information contained in a presentence investigation report.
(3) If a defendant is sentenced to prison or another place of confinement operated by or under contract with the department of corrections or is committed to the department and the offender is not transported to the placement within 10 days of receipt of sentencing documents, the department shall notify the court in writing of the reason for the delay.
History: En. 95-2301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2301; amd. Sec. 2, Ch. 141, L. 2003; amd. Sec. 2, Ch. 53, L. 2009; amd. Sec. 9, Ch. 491, L. 2021; amd. Sec. 1, Ch. 543, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 1. Method of Execution › 46-19-102. Execution of judgment

46-19-102. Execution of judgment.
(1) If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on the fine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a judgment in a civil case.
(2) If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in 46-18-403.
(3) (a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.
(b) In the event that a private person or entity is retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's own name.
(c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.
History: En. 95-2302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2302; amd. Sec. 3, Ch. 270, L. 1989; amd. Sec. 5, Ch. 388, L. 1995; amd. Sec. 8, Ch. 510, L. 2003; amd. Sec. 2, Ch. 327, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 2. Suspension of Execution of Death › 46-19-201. When and how mental fitness of defendant determined

46-19-201. When and how mental fitness of defendant determined.
If after judgment of death there is good reason to suppose that the defendant lacks mental fitness, the mental fitness of the defendant will be determined in accordance with the provisions of chapter 14 of this title.
History: En. 95-2304 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2304.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 2. Suspension of Execution of Death › 46-19-202. Proceedings following determination regarding fitness

46-19-202. Proceedings following determination regarding fitness.
(1) If it is found that defendant is mentally fit as provided in 46-19-201, the warden of the Montana state prison shall execute the judgment.
(2) If it is found that the defendant lacks fitness, the execution of judgment must be suspended and the court shall commit the defendant to the custody of the superintendent of the Montana state hospital to be placed in an appropriate facility of the department of public health and human services for as long as the lack of fitness endures.
(3) When the court, on its own motion or upon application of the superintendent of the Montana state hospital, the county prosecuting officer, or the defendant or the defendant's legal representative, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the warden must be directed by the court to carry out the execution. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to proceed with execution of the sentence, the court may suspend the execution of the sentence and may order the defendant to be discharged.
History: En. 95-2305 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 94, Ch. 120, L. 1974; R.C.M. 1947, 95-2305; amd. Sec. 8, Ch. 361, L. 1983; amd. Sec. 5, Ch. 411, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 220, Ch. 546, L. 1995; amd. Sec. 60, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 2. Suspension of Execution of Death › 46-19-203. Procedure for determining if woman is pregnant

46-19-203. Procedure for determining if woman is pregnant.
If there is good reason to suppose that a woman against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, shall summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice of this inquiry must be given to the county attorney of the county who must attend the inquiry and may produce witnesses.
History: En. 95-2306 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2306; amd. Sec. 1759, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 2. Suspension of Execution of Death › 46-19-204. Proceedings following determination regarding pregnancy

46-19-204. Proceedings following determination regarding pregnancy.
If it is found by the inquiry referred to in 46-19-203 that the woman is not pregnant, the warden of the Montana state prison shall execute the judgment. If it is found that the woman is pregnant, the warden shall suspend the execution of judgment and transmit the inquisition to the governor. When the governor is satisfied that the woman is no longer pregnant, the governor may issue a death warrant appointing a day for the execution of the judgment. The warrant must recite the conviction, the judgment, the method of execution, that execution of judgment was suspended due to pregnancy, that the governor is satisfied that the woman is no longer pregnant, the appointed date for the execution, and the duration of the warrant.
History: En. 95-2307 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2307; amd. Sec. 6, Ch. 411, L. 1983; amd. Sec. 1, Ch. 551, L. 1989; amd. Sec. 1760, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 3. Commitment to Prison in Another State › 46-19-302. Effectuation of purposes of compact

46-19-302. Effectuation of purposes of compact.
The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions, including but not limited to the making and submission of such reports as are required by the compact.
History: En. 95-2310 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2310.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 3. Commitment to Prison in Another State › 46-19-303. Power of governor to enter into contracts

46-19-303. Power of governor to enter into contracts.
The governor may designate the department of corrections to enter into contracts recommended by the department on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to 46-19-301.
History: En. 95-2312 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2312; amd. Sec. 1, Ch. 59, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 221, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 3. Commitment to Prison in Another State › 46-19-304. Commitment or transfer of inmate to institution outside of state

46-19-304. Commitment or transfer of inmate to institution outside of state.
Any court or state agency having power to commit or transfer an inmate (as defined in Article II(4) of the Western Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Western Interstate Corrections Compact.
History: En. 95-2309 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2309.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 3. Commitment to Prison in Another State › 46-19-305. Hearings requested by other states

46-19-305. Hearings requested by other states.
The board of pardons and parole and the department of corrections shall hold hearings as may be requested by any other party state pursuant to Article IV(6) of the Western Interstate Corrections Compact.
History: En. 95-2311 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 95, Ch. 120, L. 1974; R.C.M. 1947, 95-2311; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 222, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 19. Execution of Judgment › Part 4. Interstate Corrections Compact › 46-19-402. Effectuation of purposes of compact

46-19-402. Effectuation of purposes of compact.
The department of corrections shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within its jurisdiction, including but not limited to the making and submission of the reports that are required by the compact.
History: En. Sec. 2, Ch. 112, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 223, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 1. General Provisions › 46-20-101. Single method of review in criminal cases

46-20-101. Single method of review in criminal cases.
(1) This chapter shall govern review in all criminal cases.
(2) All existing methods of review in criminal cases in the state are abolished. After January 1, 1968, the only method of review in criminal cases shall be by notice of appeal.
History: En. 95-2401 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2401.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 1. General Provisions › 46-20-102. Superseded

46-20-102. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2402 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2402.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 1. General Provisions › 46-20-103. Scope of appeal by state

46-20-103. Scope of appeal by state.
(1) Except as otherwise specifically authorized, the state may not appeal in a criminal case.
(2) The state may appeal from any court order or judgment the substantive effect of which results in:
(a) dismissing a case;
(b) modifying or changing the verdict as provided in 46-16-702(3)(c);
(c) granting a new trial;
(d) quashing an arrest or search warrant;
(e) suppressing evidence;
(f) suppressing a confession or admission;
(g) granting or denying change of venue; or
(h) imposing a sentence that is contrary to law.
History: En. 95-2403 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 41, Ch. 184, L. 1977; R.C.M. 1947, 95-2403; amd. Sec. 1, Ch. 478, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 1. General Provisions › 46-20-104. Scope of appeal by defendant

46-20-104. Scope of appeal by defendant.
(1) An appeal may be taken by the defendant only from a final judgment of conviction and orders after judgment which affect the substantial rights of the defendant.
(2) Upon appeal from a judgment, the court may review the verdict or decision and any alleged error objected to which involves the merits or necessarily affects the judgment. Failure to make a timely objection during trial constitutes a waiver of the objection except as provided in 46-20-701(2).
History: En. 95-2404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2404; amd. Sec. 1, Ch. 319, L. 1983.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 1. General Provisions › 46-20-105. Appeal by one codefendant

46-20-105. Appeal by one codefendant.
When several defendants are tried jointly, any one or more of them may take an appeal but those who do not join in the appeal shall not be affected thereby.
History: En. 95-2429 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2429.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 2. Initiation of Appeal › 46-20-201. Superseded

46-20-201. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2405(a) thru (c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 2. Initiation of Appeal › 46-20-202. Superseded

46-20-202. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2405(d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 2. Initiation of Appeal › 46-20-203. Superseded

46-20-203. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2405(e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 2. Initiation of Appeal › 46-20-204. Stay of execution and relief pending appeal

46-20-204. Stay of execution and relief pending appeal.
(1) If an appeal is taken, a sentence of death must be stayed by order of the trial court until final order by the supreme court.
(2) If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed by the trial court.
(3) If an appeal is taken, a sentence to pay a fine or a fine and costs must be stayed by the trial court or by the reviewing court.
(4) If an appeal is taken and the accused was admitted to probation, the accused shall remain on probation or post bail.
History: En. 95-2406 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2406; amd. Sec. 1763, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 2. Initiation of Appeal › 46-20-205. Effect of an appeal by the state

46-20-205. Effect of an appeal by the state.
An appeal taken by the state in no case stays or affects the operation of the judgment or order in favor of the defendant until judgment or order is reversed.
History: En. 95-2407 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2407.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-301. Superseded

46-20-301. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2408 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2408(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-302. Superseded

46-20-302. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2408 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2408(b); amd. Sec. 1, Ch. 148, L. 1983.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-303. Superseded

46-20-303. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2428 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2428.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-304. Superseded

46-20-304. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2408 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2408(c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-305. Superseded

46-20-305. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2408 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2408(d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-306. Superseded

46-20-306. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2408 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2408(e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-311. Superseded

46-20-311. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2409(a), (b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-312. Superseded

46-20-312. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2409(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-313. Superseded

46-20-313. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2409(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-314. Superseded

46-20-314. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2409(d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-315. Superseded

46-20-315. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2409(e).