reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-316. Superseded

46-20-316. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2410 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2410(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-317. Superseded

46-20-317. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2410 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2410(b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-318. Superseded

46-20-318. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2410 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2410(c); amd. Sec. 24, Ch. 116, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 3. The Record on Appeal (Superseded) › 46-20-319. Superseded

46-20-319. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2411 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2411.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-401. Superseded

46-20-401. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-402. Superseded

46-20-402. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-403. Superseded

46-20-403. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-404. Superseded

46-20-404. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2417 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2417.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-405. Superseded

46-20-405. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2419 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2419.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-406. Superseded

46-20-406. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(d).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-407. Superseded

46-20-407. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-408. Superseded

46-20-408. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(f).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-409. Superseded

46-20-409. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2416 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2416(g).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 4. Briefs (Superseded) › 46-20-410. Superseded

46-20-410. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2418 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2418.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-501. Superseded

46-20-501. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2415 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2415.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-502. Superseded

46-20-502. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2413 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2413.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-503. Superseded

46-20-503. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2414 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2414.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-504. Superseded

46-20-504. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2424 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2424(c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-511. Superseded

46-20-511. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2420 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2420(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-512. Superseded

46-20-512. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2420 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2420(b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 5. Motions and Papers in General (Superseded) › 46-20-513. Superseded

46-20-513. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2420 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2420(c).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 6. Oral Argument (Superseded) › 46-20-601. Superseded

46-20-601. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2424 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2424(a), (b).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 6. Oral Argument (Superseded) › 46-20-602. Superseded

46-20-602. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2421 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2421(a).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 6. Oral Argument (Superseded) › 46-20-603. Superseded

46-20-603. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2421 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2421(b), (c), (f).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 6. Oral Argument (Superseded) › 46-20-604. Superseded

46-20-604. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2421 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2421(d), (e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-701. Elements of record court considers on review -- errors noticed

46-20-701. Elements of record court considers on review -- errors noticed.
(1) Whenever the record on appeal contains any order, ruling, or proceeding of the trial court against the convicted person affecting the convicted person's substantial rights on the appeal of the cause, together with any required objection of the convicted person, the supreme court on that appeal shall consider the orders, rulings, or proceedings and the objections thereto and shall reverse or affirm the cause on the appeal according to the substantial rights of the respective parties, as shown upon the record. A cause may not be reversed by reason of any error committed by the trial court against the convicted person unless the record shows that the error was prejudicial.
(2) Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded. A claim alleging an error affecting jurisdictional or constitutional rights may not be noticed on appeal if the alleged error was not objected to as provided in 46-20-104, unless the convicted person establishes that the error was prejudicial as to the convicted person's guilt or punishment and that:
(a) the right asserted in the claim did not exist at the time of the trial and has been determined to be retroactive in its application;
(b) the prosecutor, the judge, or a law enforcement agency suppressed evidence from the convicted person or the convicted person's attorney that prevented the claim from being raised and disposed of; or
(c) material and controlling facts upon which the claim is predicated were not known to the convicted person or the convicted person's attorney and could not have been ascertained by the exercise of reasonable diligence.
History: (1)En. 95-2412 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2412; (2)En. 95-2425 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2425; amd. Sec. 2, Ch. 319, L. 1983; Sec. 46-20-702, MCA 1985; redes. 46-20-701(2) by Code Commissioner, 1987; amd. Sec. 202, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-703. Action reviewing court may take

46-20-703. Action reviewing court may take.
On appeal the reviewing court may:
(1) reverse, affirm, or modify the judgment or order from which the appeal is taken;
(2) set aside, affirm, or modify any or all of the proceedings subsequent to or dependent upon the judgment or order from which the appeal is taken;
(3) reduce the offense of which the appellant was convicted to a lesser included offense;
(4) reduce the punishment imposed by the trial court; or
(5) order a new trial if justice so requires.
History: En. 95-2426 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 42, Ch. 184, L. 1977; R.C.M. 1947, 95-2426.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-704. Superseded

46-20-704. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2422 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2422.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-705. Superseded

46-20-705. Superseded.
Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987.
History: En. 95-2423 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2423; amd. Sec. 1, Ch. 294, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-706. Termination of appeal -- remand

46-20-706. Termination of appeal -- remand.
(1) Upon termination of the appeal, the supreme court shall remand the cause with proper instruction together with the opinion of the court. The clerk shall return all original documents to the trial court.
(2) After the cause has been remanded to the trial court, the appellate court has no further jurisdiction of the appeal or the proceedings thereon and all orders necessary to carry the judgment into effect must be made by the court to which the cause is remanded.
History: En. 95-2427 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2427.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 20. Appeals › Part 7. Action by Court › 46-20-707. Discharge of defendant on reversal of judgment

46-20-707. Discharge of defendant on reversal of judgment.
If a judgment against the defendant is reversed without ordering a new trial, the appellate court shall:
(1) if the defendant is in custody, direct the defendant to be discharged from custody;
(2) if the defendant is on bail, direct that the defendant's bail be exonerated; or
(3) if money was deposited instead of bail, direct that it be refunded to the defendant.
History: En. 95-2430 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2430; amd. Sec. 1764, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-101. When validity of sentence may be challenged

46-21-101. When validity of sentence may be challenged.
(1) A person adjudged guilty of an offense in a court of record who has no adequate remedy of appeal and who claims that a sentence was imposed in violation of the constitution or the laws of this state or the constitution of the United States, that the court was without jurisdiction to impose the sentence, that a suspended or deferred sentence was improperly revoked, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack upon any ground of alleged error available under a writ of habeas corpus, writ of coram nobis, or other common law or statutory remedy may petition the court that imposed the sentence to vacate, set aside, or correct the sentence or revocation order.
(2) If the sentence was imposed by a justice's, municipal, or city court, the petition may not be filed unless the petitioner has exhausted all appeal remedies provided by law. The petition must be filed with the district court in the county where the lower court is located.
History: En. 95-2601 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 43, Ch. 184, L. 1977; R.C.M. 1947, 95-2601; amd. Sec. 1, Ch. 195, L. 1981; amd. Sec. 1, Ch. 211, L. 1985; amd. Sec. 225, Ch. 800, L. 1991; amd. Sec. 3, Ch. 378, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-102. When petition may be filed

46-21-102. When petition may be filed.
(1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final. A conviction becomes final for purposes of this chapter:
(a) when the time for appeal to the Montana supreme court expires;
(b) if an appeal is taken to the Montana supreme court, when the time for petitioning the United States supreme court for review expires; or
(c) if review is sought in the United States supreme court, on the date that that court issues its final order in the case.
(2) A claim that alleges the existence of newly discovered evidence that, if proved and viewed in light of the evidence as a whole would establish that the petitioner did not engage in the criminal conduct for which the petitioner was convicted, may be raised in a petition filed within 1 year of the date on which the conviction becomes final or the date on which the petitioner discovers, or reasonably should have discovered, the existence of the evidence, whichever is later.
History: En. 95-2604 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 44, Ch. 184, L. 1977; R.C.M. 1947, 95-2604; amd. Sec. 2, Ch. 195, L. 1981; amd. Sec. 226, Ch. 800, L. 1991; amd. Sec. 4, Ch. 378, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-103. Commencement of proceedings

46-21-103. Commencement of proceedings.
The proceeding for relief under 46-21-101 must be commenced by filing a verified petition with the clerk of the appropriate court. The clerk shall docket the petition upon its receipt and bring the petition promptly to the attention of the court.
History: En. 95-2602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2602; amd. Sec. 227, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-104. Contents of petition

46-21-104. Contents of petition.
(1) The petition for postconviction relief must:
(a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;
(b) identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and
(c) identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.
(2) The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.
History: En. 95-2603 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2603; amd. Sec. 3, Ch. 195, L. 1981; amd. Sec. 228, Ch. 800, L. 1991; amd. Sec. 2, Ch. 302, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-105. Amendment of petition -- waiver of grounds for relief

46-21-105. Amendment of petition -- waiver of grounds for relief.
(1) (a) All grounds for relief claimed by a petitioner under 46-21-101 must be raised in the original or amended original petition. The original petition may be amended only once. At the request of the state or on its own motion, the court shall set a deadline for the filing of an amended original petition. If a hearing will be held, the deadline must be reasonably in advance of the hearing but may not be less than 30 days prior to the date of the hearing.
(b) The court shall dismiss a second or subsequent petition by a person who has filed an original petition unless the second or subsequent petition raises grounds for relief that could not reasonably have been raised in the original or an amended original petition.
(2) When a petitioner has been afforded the opportunity for a direct appeal of the petitioner's conviction, grounds for relief that were or could reasonably have been raised on direct appeal may not be raised, considered, or decided in a proceeding brought under this chapter. Ineffectiveness or incompetence of counsel in proceedings on an original or an amended original petition under this part may not be raised in a second or subsequent petition under this part.
(3) For purposes of this section, "grounds for relief" includes all legal and factual issues that were or could have been raised in support of the petitioner's claim for relief.
History: En. 95-2607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2607; amd. Sec. 4, Ch. 195, L. 1981; amd. Sec. 229, Ch. 800, L. 1991; amd. Sec. 1, Ch. 96, L. 1995; amd. Secs. 3, 4, Ch. 302, L. 1997; amd. Sec. 5, Ch. 378, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 1. Initiating Proceedings › 46-21-111. Preservation and disposal of biological evidence obtained in criminal proceeding

46-21-111. Preservation and disposal of biological evidence obtained in criminal proceeding.
(1) (a) A law enforcement agency shall preserve biological evidence that the agency has reason to believe contains DNA material and that is obtained in connection with a felony for which a conviction is obtained. The agency shall preserve the evidence for a minimum of 3 years after the conviction in the case becomes final or for any period beyond 3 years that is required by a court order issued within 3 years after the conviction in the case becomes final.
(b) An agency may propose to dispose of biological evidence before the expiration of the time period described in subsection (1)(a) if the agency notifies the convicted person, the attorney of record for the convicted person, and the Montana public defender division administrator. The notification must include a description of the biological evidence, a statement that the agency will dispose of the evidence unless a party files an objection in writing within 120 days from the date of service of the notification in the court that entered the judgment, and the name and mailing address of the court where an objection may be filed. If an objection to the disposition of the evidence is not filed within the 120-day period, the agency may dispose of the evidence. If a written objection is filed, the court shall consider the reasons for and against disposition of the evidence, may hold a hearing on the proposed disposition of the evidence, and shall issue an order ruling on the matter as required by the interests of justice and the integrity of the criminal justice system.
(c) If a party objects to the disposition of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the evidence should be disposed of.
(2) Upon completion of laboratory analysis, the laboratory operated by the forensic sciences division of the department of justice shall permanently preserve under laboratory control any remaining biological evidence collected from items submitted to it.
(3) For purposes of this section, the following definitions apply:
(a) "Biological evidence" means any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, including the contents of a sexual assault examination kit, that is collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate any person of an offense.
(b) "DNA" means deoxyribonucleic acid.
History: En. Sec. 2, Ch. 79, L. 2003; amd. Sec. 1, Ch. 221, L. 2009; amd. Sec. 18, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 2. Action of Court › 46-21-202. Record of proceedings

46-21-202. Record of proceedings.
A court that hears a petition pursuant to this chapter shall keep a record of the proceedings and enter its findings and conclusions.
History: En. 95-2606 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 46, Ch. 184, L. 1977; R.C.M. 1947, 95-2606; amd. Sec. 231, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 21. Postconviction Hearing › Part 2. Action of Court › 46-21-203. Review

46-21-203. Review.
Either the petitioner or the prosecution may appeal to the supreme court from an order entered on a petition. The appeal must be taken within 60 days of the entry of the order.
History: En. 95-2608 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 47, Ch. 184, L. 1977; R.C.M. 1947, 95-2608; amd. Sec. 6, Ch. 195, L. 1981; amd. Sec. 232, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 1. Availability of Writ › 46-22-101. Applicability of writ of habeas corpus

46-22-101. Applicability of writ of habeas corpus.
(1) Except as provided in subsection (2), every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint.
(2) The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal. The relief under this chapter is not available to attack the legality of an order revoking a suspended or deferred sentence.
History: En. 95-2701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2701; amd. Sec. 7, Ch. 195, L. 1981; amd. Sec. 2, Ch. 211, L. 1985; amd. Sec. 233, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 1. Availability of Writ › 46-22-102. No release for technical defects

46-22-102. No release for technical defects.
A person may not be released on a writ of habeas corpus due to any technical defect in commitment not affecting the person's substantial rights.
History: En. 95-2716 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2716; amd. Sec. 234, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 1. Availability of Writ › 46-22-103. Writ for purpose of bail

46-22-103. Writ for purpose of bail.
When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas corpus for the purpose of giving bail upon averring that fact in the person's petition, without alleging that the person is illegally confined.
History: En. 95-2702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2702; amd. Sec. 1765, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-201. Application for writ of habeas corpus

46-22-201. Application for writ of habeas corpus.
(1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify:
(a) that the petitioner is unlawfully imprisoned or restrained of liberty;
(b) why the imprisonment or restraint is unlawful; and
(c) where and by whom the petitioner is confined or restrained.
(2) All parties must be named if they are known or otherwise described so that they may be identified.
(3) The petition must be verified by the oath or affirmation of the party making the application.
History: En. 95-2703 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2703; amd. Sec. 25, Ch. 116, L. 1979; amd. Sec. 235, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-202. Granting writ of habeas corpus

46-22-202. Granting writ of habeas corpus.
(1) A writ of habeas corpus may be granted by any justice of the supreme court or by any district court judge upon petition by or on behalf of any person restrained of liberty within the justice's or judge's jurisdiction.
(2) When a writ of habeas corpus is issued, it may be made returnable before the issuing court.
History: En. 95-2704 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2704; amd. Sec. 26, Ch. 116, L. 1979; amd. Sec. 236, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-203. Writ granted without delay

46-22-203. Writ granted without delay.
Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.
History: En. 95-2705 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2705; amd. Sec. 237, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-204. Writ and process may issue at any time

46-22-204. Writ and process may issue at any time.
The writ of habeas corpus or any associated process may be issued and served on any day or at any time.
History: En. 95-2715 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2715; amd. Sec. 238, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-205. Form of writ

46-22-205. Form of writ.
(1) The writ of habeas corpus must be directed to the person having custody of or restraining the person on whose behalf the application is made and must command that person to have the petitioner before the judge before whom the writ is returnable at a time and place specified.
(2) The issue or issues to be determined upon return of the writ may be stated either in the writ or in an order attached to the writ. If the issues to be determined are not stated in the writ or in an attached order, then a copy of the petition must be attached to the writ.
History: En. 95-2707 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2707; amd. Sec. 239, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 2. Issuance of Writ › 46-22-206. Service of writ

46-22-206. Service of writ.
(1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.
(2) The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.
(3) The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.
History: En. 95-2708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2708; amd. Sec. 240, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-301. Return of service

46-22-301. Return of service.
(1) The person upon whom the writ is served shall make a return and state in that return:
(a) (i) whether the petitioner is in that person's custody or under that person's power or restraint; and
(ii) if the petitioner is in custody or otherwise restrained, the authority for and cause of the custody or restraint; or
(b) if the petitioner has been transferred to the custody of or otherwise restrained by another, to whom the party was transferred, the time and place of the transfer, the reason for the transfer, and the authority under which the transfer took place.
(2) The return must be signed and verified by oath unless the person making the return is a sworn public officer making a return in an official capacity.
History: En. 95-2709 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2709; amd. Sec. 241, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-302. Appearance of petitioner

46-22-302. Appearance of petitioner.
(1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person having custody of the petitioner.
(2) If the court is satisfied with the truth of the affidavit, the court may proceed and dispose of the case as if the petitioner were present or the hearing may be postponed until the petitioner is present.
History: En. 95-2710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2710; amd. Sec. 242, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-303. Refusal to obey writ -- contempt

46-22-303. Refusal to obey writ -- contempt.
If the person commanded by the writ refuses to obey, that person must be adjudged in contempt of court.
History: En. 95-2706 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2706; amd. Sec. 243, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-304. Hearing on return

46-22-304. Hearing on return.
The court before whom the writ is returned shall immediately proceed to hear and examine the return. The hearing may be summary in nature.
History: En. 95-2711 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2711; amd. Sec. 244, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-305. Production of evidence

46-22-305. Production of evidence.
Evidence may be produced and compelled in preparation of a hearing as provided in Title 46, chapter 22.
History: En. 95-2712 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2712; amd. Sec. 245, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-306. Disposition of petitioner

46-22-306. Disposition of petitioner.
(1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.
(2) If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.
History: En. 95-2713 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2713; amd. Sec. 246, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 22. Habeas Corpus › Part 3. Return of Writ, Hearing, Appeal › 46-22-307. Appeal by prosecution

46-22-307. Appeal by prosecution.
An appeal may be taken to the supreme court by the prosecution from an order of judgment discharging the petitioner. The court may admit the petitioner to bail pending appeal as provided in 46-9-107. The appeal must be taken in the same manner as in civil actions.
History: En. 95-2714 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2714; amd. Sec. 247, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-101. Short title

46-23-101. Short title.
Parts 1, 2, 3, and 10 of this chapter shall be known and may be cited as the "Parole and Executive Clemency Act".
History: En. Sec. 1, Ch. 153, L. 1955; Sec. 94-9821, R.C.M. 1947; redes. 95-3203 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 2, Ch. 333, L. 1975; R.C.M. 1947, 95-3203.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-102. Cases of juveniles excluded

46-23-102. Cases of juveniles excluded.
The provisions of parts 1, 2, 3, and 10 of this chapter do not apply to probation in the youth courts or to conditional release from correctional facilities.
History: En. Sec. 30, Ch. 153, L. 1955; Sec. 94-9850, R.C.M. 1947; redes. 95-3232 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3232; amd. Sec. 26, Ch. 344, L. 2019; amd. Sec. 25, Ch. 339, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-103. Definitions

46-23-103. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Board" means the board of pardons and parole provided for in 2-15-2305.
(2) "Department" means the department of corrections provided for in 2-15-2301.
(3) "Executive clemency" refers to the powers of the governor as provided by section 12 of Article VI of the constitution of Montana.
(4) "Hearing panel" means a panel appointed by the presiding officer of the board and made up of at least three board members to conduct parole hearings, revocation hearings, rescission hearings, and administrative parole reviews and to make recommendations in matters of executive clemency.
(5) "Parole" means the release to the community of a prisoner by the decision of a hearing panel prior to the expiration of the prisoner's term, subject to conditions imposed by the hearing panel and subject to supervision of the department.
(6) "Victim" means a victim as defined in 46-18-243.
History: En. Sec. 3, Ch. 153, L. 1955; Sec. 94-9823, R.C.M. 1947; amd. Sec. 1, Ch. 73, L. 1973; redes. 95-3205 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 82, Ch. 120, L. 1974; amd. Sec. 5, Ch. 333, L. 1975; R.C.M. 1947, 95-3205; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 224, Ch. 546, L. 1995; amd. Sec. 1, Ch. 450, L. 1999; amd. Sec. 2, Ch. 559, L. 2003; amd. Sec. 2, Ch. 102, L. 2011; amd. Sec. 1, Ch. 96, L. 2015; amd. Sec. 3, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-104. Board of pardons and parole

46-23-104. Board of pardons and parole.
(1) The board of pardons and parole is responsible for executive clemency and parole as provided in this chapter.
(2) The board shall work full time and meet in hearing panels at the times and places that the board considers necessary.
(3) The principal office of the board is in Deer Lodge.
(4) The presiding officer of the board shall appoint hearing panels and their presiding officers to conduct hearings and to issue final decisions concerning parole and recommendations concerning executive clemency and shall request out-of-state releasing authorities to conduct hearings pursuant to Article IV(6) of the Western Interstate Corrections Compact. The presiding officer of the board shall attempt to make hearing panel appointments in a manner that ensures equitable distribution of workload among board members. The hearing panels have the full authority and power of the board to order the denial, grant, or revocation of parole and to make recommendations in matters of executive clemency.
History: En. Sec. 2, Ch. 153, L. 1955; Sec. 94-9822, R.C.M. 1947; redes. 95-3204 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 81, Ch. 120, L. 1974; amd. Sec. 3, Ch. 333, L. 1975; R.C.M. 1947, 95-3204; amd. Sec. 1, Ch. 234, L. 1981; amd. Sec. 1, Ch. 300, L. 1987; amd. Sec. 225, Ch. 546, L. 1995; amd. Sec. 1, Ch. 425, L. 2001; amd. Sec. 3, Ch. 559, L. 2003; amd. Sec. 3, Ch. 102, L. 2011; amd. Sec. 2, Ch. 96, L. 2015; amd. Sec. 4, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-105. Legal adviser

46-23-105. Legal adviser.
The board may appoint any qualified attorney or the attorney general to act as its legal adviser and represent it in all proceedings whenever so requested by the board.
History: En. Sec. 7, Ch. 153, L. 1955; Sec. 94-9827, R.C.M. 1947; redes. 95-3209 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3209.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-106. Information from courts to board

46-23-106. Information from courts to board.
It is the duty of the court disposing of any criminal case to cause to be transmitted to the board of pardons and parole statistical data in accordance with regulations issued by the board regarding all dispositions of defendants whether found guilty or discharged.
History: En. 95-2210 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2210; amd. Sec. 226, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-107. Repealed

46-23-107. Repealed.
Sec. 12, Ch. 559, L. 2003.
History: En. Sec. 4, Ch. 153, L. 1955; amd. Sec. 42, Ch. 93, L. 1969; Sec. 94-9824, R.C.M. 1947; redes. 95-3206 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 83, Ch. 120, L. 1974; amd. Sec. 6, Ch. 333, L. 1975; amd. Sec. 59, Ch. 184, L. 1977; R.C.M. 1947, 95-3206(1); amd. Sec. 1, Ch. 188, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-108. Repealed

46-23-108. Repealed.
Sec. 6, Ch. 450, L. 1999.
History: En. Sec. 4, Ch. 153, L. 1955; amd. Sec. 42, Ch. 93, L. 1969; Sec. 94-9824, R.C.M. 1947; redes. 95-3206 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 83, Ch. 120, L. 1974; amd. Sec. 6, Ch. 333, L. 1975; amd. Sec. 59, Ch. 184, L. 1977; R.C.M. 1947, 95-3206(2); amd. Sec. 27, Ch. 116, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-109. Parole hearings and administrative reviews -- telephone -- videoconference

46-23-109. Parole hearings and administrative reviews -- telephone -- videoconference.
The board's hearing panels may hold any hearing via interactive videoconference, may hold an administrative review via telephone conference, and, at the applicant's request, may hold a clemency hearing via telephone conference.
History: En. Sec. 4, Ch. 450, L. 1999; amd. Sec. 4, Ch. 559, L. 2003; amd. Sec. 4, Ch. 102, L. 2011.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 1. General Provisions -- Board of Pardons and Parole › 46-23-111. Compensation of board members

46-23-111. Compensation of board members.
(1) Board members must be paid a salary within the occupational wage range for the occupation designated by the department of administration as provided in subsection (2). Board members must receive longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18, and must receive pay adjustments consistent with those required by the legislature for state employees in 2-18-303 and 2-18-304.
(2) The department of administration shall determine the appropriate occupation for the board members in the same manner that it determines the occupation for employees in state government pursuant to Title 2, chapter 18.
(3) The governor shall set the salary of the board members within the occupational wage range established by the department of administration.
History: En. Sec. 2, Ch. 392, L. 2017; amd. sec. 21, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-201. Prisoners eligible for nonmedical parole

46-23-201. Prisoners eligible for nonmedical parole.
(1) Subject to the restrictions contained in subsections (2) through (4) and the parole criteria in 46-23-208, the board may release on nonmedical parole by appropriate order any person who is:
(a) confined in a state prison;
(b) sentenced to the state prison and confined in a prerelease center;
(c) sentenced to prison as an adult pursuant to 41-5-206 and confined in a correctional facility as defined in 41-5-103;
(d) sentenced to be committed to the custody of the director of the department of public health and human services as provided in 46-14-312 and confined in the Montana state hospital, the Montana developmental center, or the Montana mental health nursing care center.
(2) Persons under sentence of death, persons sentenced to the department who have been placed by the department in a state prison temporarily for assessment or sanctioning, and persons serving sentences imposed under 46-18-202(2) or 46-18-219 may not be granted a nonmedical parole.
(3) A prisoner serving a time sentence may not be paroled under this section until the prisoner has served at least one-fourth of the prisoner's full term.
(4) A prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.
(5) If a hearing panel denies parole, it may order that the prisoner serve up to 6 years if the prisoner is confined for a sexual or violent offense, as defined in 46-23-502, or up to 1 year if the prisoner is confined for any other offense before a hearing panel conducts another hearing or review.
(6) Nothing in this section prohibits the department from transferring a prisoner who is within 14 months of parole eligibility to a prerelease or treatment center for the purposes of preparing the prisoner for release into the community.
History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(1), (2); amd. Secs. 1, 2, Ch. 235, L. 1983; amd. Sec. 1, Ch. 451, L. 1985; amd. Sec. 2, Ch. 188, L. 1989; amd. Sec. 2, Ch. 248, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 315, L. 1991; amd. Sec. 3, Ch. 519, L. 1991; amd. Sec. 68, Ch. 10, L. 1993; amd. Sec. 4, Ch. 372, L. 1995; amd. Sec. 17, Ch. 482, L. 1995; amd. Sec. 227, Ch. 546, L. 1995; amd. Sec. 9, Ch. 189, L. 1997; amd. Sec. 7, Ch. 491, L. 1999; amd. Sec. 5, Ch. 559, L. 2003; amd. Sec. 5, Ch. 102, L. 2011; amd. Sec. 1, Ch. 176, L. 2011; amd. Sec. 5, Ch. 209, L. 2013; amd. Sec. 2, Ch. 198, L. 2015; amd. Sec. 6, Ch. 392, L. 2017; amd. Sec. 26, Ch. 339, L. 2021; amd. Sec. 1, Ch. 200, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-202. Initial parole hearing

46-23-202. Initial parole hearing.
Within the 2 months prior to a prisoner's official parole eligibility date or as soon after that date as possible, the department shall make the prisoner available for a hearing before a hearing panel. The hearing panel shall consider the prisoner's score under the parole guidelines and other case-specific and pertinent information regarding the prisoner, including the criteria in 46-23-208.
History: En. Sec. 12, Ch. 153, L. 1955; Sec. 94-9832, R.C.M. 1947; redes. 95-3214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 86, Ch. 120, L. 1974; amd. Sec. 3, Ch. 312, L. 1975; amd. Sec. 60, Ch. 184, L. 1977; amd. Sec. 3, Ch. 340, L. 1977; amd. Sec. 3, Ch. 580, L. 1977; R.C.M. 1947, 95-3214(3); amd. Sec. 1, Ch. 45, L. 1983; amd. Sec. 4, Ch. 579, L. 1993; amd. Sec. 22, Ch. 125, L. 1995; amd. Sec. 5, Ch. 372, L. 1995; amd. Sec. 2, Ch. 450, L. 1999; amd. Sec. 2, Ch. 425, L. 2001; amd. Sec. 6, Ch. 559, L. 2003; amd. Sec. 6, Ch. 102, L. 2011; amd. Sec. 3, Ch. 198, L. 2015; amd. Sec. 7, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-203. Information from prison officials

46-23-203. Information from prison officials.
It shall be the duty of all prison officials to grant to the members of the board or its properly accredited representatives access at all reasonable times to any prisoner over whom the board has jurisdiction under parts 1, 2, 3, and 10 of this chapter, to provide for the board or such representatives facilities for communicating with and observing such prisoner, and to furnish to the board such reports as the board shall require concerning the conduct and character of any prisoner in their custody and any other facts deemed by the board pertinent in determining whether such prisoner shall be paroled.
History: En. Sec. 14, Ch. 153, L. 1955; Sec. 94-9834, R.C.M. 1947; redes. 95-3216 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3216.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-204. Repealed

46-23-204. Repealed.
Sec. 40, Ch. 125, L. 1995.
History: En. Sec. 15, Ch. 153, L. 1955; Sec. 94-9835, R.C.M. 1947; redes. 95-3217 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3217.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-205. Subpoenas -- issuance, service

46-23-205. Subpoenas -- issuance, service.
(1) The board shall have the power to issue subpoenas compelling the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by the board or any member thereof.
(2) Subpoenas so issued may be served by any sheriff, constable, police officer, parole and probation officer, or other law enforcement officer.
History: En. Sec. 16, Ch. 153, L. 1955; Sec. 94-9836, R.C.M. 1947; redes. 95-3218 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3218(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 23. Probation, Parole, and Clemency › Part 2. Granting of Parole › 46-23-206. Enforcement of subpoenas by court

46-23-206. Enforcement of subpoenas by court.
In case of contumacy by or refusal of any person to obey a subpoena issued to such person, any member of the board or duly authorized representative of any of them may make application to any court of record of this state and such court shall have jurisdiction to issue to such person an order requiring such person to appear before the board and there to produce evidence if so ordered or there to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by said court as a contempt thereof.
History: En. Sec. 16, Ch. 153, L. 1955; Sec. 94-9836, R.C.M. 1947; redes. 95-3218 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3218(part).