reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 3. Restorative Justice Programs › 44-7-302. Restorative justice grants

44-7-302. Restorative justice grants.
(1) The purposes of the restorative justice grant programs are to:
(a) promote the use of restorative justice practices throughout the state; and
(b) provide technical assistance to local and state jurisdictions and organizations interested in implementing the principles of restorative justice.
(2) For the purposes of this part, the term "restorative justice" means criminal justice practices that elevate the role of crime victims and community members in the criminal justice process, hold offenders directly accountable to the people and communities they have harmed, restore emotional and material losses, and provide a range of opportunities for victim, offender, and community dialogue, negotiation, and problem solving to bring about a greater sense of justice, repair harm, provide restitution, reduce incarceration and recidivism rates, and increase public safety.
(3) A restorative justice program eligible for grant funding pursuant to this section shall use evidence-based practices, which may include but are not limited to facilitated victim-offender meetings, family group conferencing, sentencing circles, victim impact panels, offender accountability letters, restitution programs, constructive community service, victim awareness education, victim empathy programs, school expulsion alternatives, peer mediation, diversion programs, and community panels.
(4) (a) The board of crime control shall actively seek federal grant money that may be used for the purposes of this section.
(b) The board shall produce a biennial report summarizing the grants provided, how the grant money was spent, and the program data and information reported by grant recipients.
(c) The board shall report to the law and justice interim committee in accordance with 5-11-210 regarding the status and performance of the restorative justice grant programs established in this section.
History: En. Sec. 2, Ch. 581, L. 2001; amd. Sec. 2, Ch. 237, L. 2013; Sec. 2-15-2013, MCA 2017; redes. 44-7-302 by Sec. 42, Ch. 3, L. 2019; amd. Sec. 76, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 3. Restorative Justice Programs › 44-7-303. Restorative justice fund created -- source of funding -- use of fund

44-7-303. Restorative justice fund created -- source of funding -- use of fund.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the restorative justice fund.
(2) There must be deposited in the account:
(a) money received from legislative allocations;
(b) a transfer of money from a state or local agency for the purposes of 44-7-302;
(c) a gift, donation, grant, legacy, bequest, or devise made for the purposes of 44-7-302; and
(d) money received by the department of justice for the purpose of administering 46-15-411(2).
(3) Except as provided in subsection (2)(d), the fund may be used only to provide grants for restorative justice programs as provided in 44-7-302 to community-based, including faith-based, organizations.
History: En. Sec. 3, Ch. 581, L. 2001; amd. Sec. 2, Ch. 504, L. 2005; Sec. 2-15-2014, MCA 2017; redes. 44-7-303 by Sec. 42, Ch. 3, L. 2019.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 4. Family Violence Prevention andServices Act Grant Program › 44-7-401. Family Violence Prevention and Services Act grant program

44-7-401. (Effective October 1, 2024) Family Violence Prevention and Services Act grant program.
There is a Family Violence Prevention and Services Act grant program established within the board of crime control for the allocation of grant money to local domestic violence programs.
History: En. Sec. 1, Ch. 62, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 4. Family Violence Prevention andServices Act Grant Program › 44-7-403. Duties of board

44-7-403. (Effective October 1, 2024) Duties of board.
The board of crime control:
(1) may adopt rules necessary to carry out the purposes of this part;
(2) may spend no more than 5% of the appropriated funds for administrative costs of the grant program;
(3) shall accept federal funds that may be available for use in carrying out the provisions of this part;
(4) may use state funds as a match for federal funds if required; and
(5) may conduct research and compile statistics relating to domestic violence.
History: En. Sec. 2, Ch. 62, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 4. Family Violence Prevention andServices Act Grant Program › 44-7-404. Authorized grantees -- criteria for grants

44-7-404. (Effective October 1, 2024) Authorized grantees -- criteria for grants.
(1) The board of crime control may award domestic violence grants only to local partner or family member assault programs that are locally controlled. Grants may be awarded to governmental agencies or nongovernmental organizations or persons.
(2) Domestic violence grants must be awarded on the following basis:
(a) demonstrated need;
(b) project merit;
(c) administrative design; and
(d) efficiency of administration.
History: En. Sec. 3, Ch. 62, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 4. Family Violence Prevention andServices Act Grant Program › 44-7-405. Authorized services of programs

44-7-405. (Effective October 1, 2024) Authorized services of programs.
(1) Local domestic violence programs may provide services that include but are not limited to the following:
(a) counseling for victims or their partners;
(b) shelters or safe homes for victims;
(c) advocacy programs that assist victims in obtaining services and information; and
(d) educational programs relating to domestic violence designed for both the community at large and specialized groups such as hospital personnel and law enforcement officials.
(2) The services authorized in subsection (1) may be provided on a regional basis by a local domestic violence program if authorized by the board of crime control according to regional boundaries established by the board.
History: En. Sec. 4, Ch. 62, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 7. Board of Crime Control › Part 4. Family Violence Prevention andServices Act Grant Program › 44-7-410. Funding

44-7-410. (Effective October 1, 2024) Funding.
Twenty percent of the operational costs of a domestic violence program must come from the local community served by the program. The local contribution may include in-kind contributions.
History: En. Sec. 5, Ch. 62, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 1. General Provisions › 44-10-101. Short title

44-10-101. Short title.
This chapter may be cited as the "Montana Law Enforcement Academy Act".
History: En. Sec. 1, Ch. 7, L. 1959; R.C.M. 1947, 75-5201.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 1. General Provisions › 44-10-102. Purpose

44-10-102. Purpose.
The purpose of this chapter shall be to establish a Montana law enforcement academy to provide Montana law enforcement officers and other qualified individuals with a means of securing training in the field of law enforcement.
History: En. Sec. 2, Ch. 7, L. 1959; R.C.M. 1947, 75-5202; amd. Sec. 1, Ch. 40, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 1. General Provisions › 44-10-103. Establishment of academy

44-10-103. Establishment of academy.
There is hereby established a Montana law enforcement academy.
History: En. Sec. 3, Ch. 7, L. 1959; amd. Sec. 1, Ch. 233, L. 1967; R.C.M. 1947, 75-5203(part); amd. Sec. 1, Ch. 431, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 2. Government of Academy › 44-10-201. Department of justice to govern academy

44-10-201. Department of justice to govern academy.
The Montana law enforcement academy shall be governed by the department of justice.
History: En. Sec. 5, Ch. 7, L. 1959; amd. Sec. 1, Ch. 28, L. 1961; amd. Sec. 1, Ch. 88, L. 1969; R.C.M. 1947, 75-5205.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 2. Government of Academy › 44-10-202. Powers and duties of department

44-10-202. Powers and duties of department.
(1) The department of justice shall have the power and it shall be its duty to:
(a) establish qualifications for admission to the academy;
(b) select from among qualified applicants those officers and other individuals who are to attend the academy each year;
(c) except as provided in subsection (2), determine the curriculum and methods of training for officers and other individuals attending the academy;
(d) select and hire staff as it considers necessary to implement this chapter;
(e) establish rules for the conduct of officers and other individuals enrolled at the academy;
(f) award appropriate certificates to officers and other individuals who successfully complete their training;
(g) provide for the keeping of permanent records of enrollment, attendance, and graduation and other records as the department considers necessary;
(h) make a yearly report in writing of the activities of the academy. Copies of this report shall be sent to the governor, attorney general, and secretary of state.
(i) do all other things necessary and desirable for the establishment and operation of the academy not inconsistent with this chapter or the constitution and statutes of the state of Montana; and
(j) accept and expend grants from federal, state, county, and city governments or private persons, associations, or corporations.
(2) The curriculum referred to in subsection (1)(c) must include a specific section of instruction on constitutional law emphasizing the rights of the people as set forth in the bill of rights of the United States constitution and the rights contained in Article II of the Montana constitution.
History: En. Sec. 6, Ch. 7, L. 1959; amd. Sec. 2, Ch. 233, L. 1967; amd. Sec. 1, Ch. 331, L. 1971; R.C.M. 1947, 75-5206; amd. Sec. 2, Ch. 431, L. 1985; amd. Sec. 2, Ch. 40, L. 1989; amd. Sec. 1, Ch. 331, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 2. Government of Academy › 44-10-203. Sessions to be determined annually

44-10-203. Sessions to be determined annually.
The academy shall be in session for a period to be annually determined by the department of justice.
History: En. Sec. 3, Ch. 7, L. 1959; amd. Sec. 1, Ch. 233, L. 1967; R.C.M. 1947, 75-5203(part).
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 2. Government of Academy › 44-10-204. Department of justice account established

44-10-204. Department of justice account established.
(1) There is an account in the state special revenue fund to be used by the department of justice on behalf of the Montana law enforcement academy established in 44-10-103 and the Montana public safety officer standards and training council established in 2-15-2029.
(2) Money in the account created in subsection (1) must be appropriated by the legislature for the purposes provided in Title 44, chapter 10, part 2, including use as matching funds for grants to be sought under 44-10-202(1)(j).
History: En. Sec. 1, Ch. 298, L. 2003; amd. Sec. 3, Ch. 531, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 3. Officers Who Attend Academy › 44-10-301. Eligibility

44-10-301. Eligibility.
All bona fide Montana law enforcement officers and other individuals who meet the qualifications established by the department of justice shall be eligible to apply for admission to the Montana law enforcement academy.
History: En. Sec. 4, Ch. 7, L. 1959; R.C.M. 1947, 75-5204; amd. Sec. 3, Ch. 40, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 3. Officers Who Attend Academy › 44-10-302. Retention of employment rights

44-10-302. Retention of employment rights.
All officers shall be paid their regular salary during their attendance at the academy, and time spent in such attendance shall not be deducted from the vacation to which any attending officer is entitled. No officer shall lose any pension, seniority, or other rights by reason of attendance at the academy.
History: En. Sec. 7, Ch. 7, L. 1959; R.C.M. 1947, 75-5207.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 10. Law Enforcement Academy › Part 3. Officers Who Attend Academy › 44-10-303. Expenditure of funds by local governments authorized

44-10-303. Expenditure of funds by local governments authorized.
The expenditure of funds by any city, town, municipality, or county for the board, room, and travel expenses of the officers attending the academy shall be a lawful expenditure.
History: En. Sec. 8, Ch. 7, L. 1959; amd. Sec. 3, Ch. 233, L. 1967; R.C.M. 1947, 75-5208.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 1. General Provisions › 44-11-101. Mutual assistance authorized -- powers and duties of assisting officers

44-11-101. Mutual assistance authorized -- powers and duties of assisting officers.
A peace officer or any law enforcement entity of any county or municipality or a state government law enforcement entity may request the assistance of a peace officer from another law enforcement entity within the state of Montana. A peace officer, while in the jurisdiction of the requesting officer or entity and while on such request for assistance, has the same powers, duties, rights, privileges, and immunities as a peace officer of the requesting entity and is under the authority of the requesting officer or entity.
History: En. 11-1851 by Sec. 1, Ch. 337, L. 1977; R.C.M. 1947, 11-1851; amd. Sec. 1, Ch. 22, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 1. General Provisions › 44-11-102. Liability of assisted entity for obligation resulting from assistance

44-11-102. Liability of assisted entity for obligation resulting from assistance.
A law enforcement entity requesting assistance under 44-11-101 shall indemnify the assisting peace officer, the officer's legal representative in case of death, or the furnishing law enforcement entity for any liability or obligation to indemnify created by 2-9-305 that may result from the assistance furnished.
History: En. 11-1854 by Sec. 4, Ch. 337, L. 1977; R.C.M. 1947, 11-1854; amd. Sec. 1628, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 2. Rights of Employment › 44-11-201. Retention of rights of employment

44-11-201. Retention of rights of employment.
A peace officer rendering assistance under 44-11-101 is entitled to the same wage, salary, pension, workers' compensation, and all other service rights for service rendered under that section as for service rendered within the law enforcement entity in which the officer is normally employed.
History: En. 11-1852 by Sec. 2, Ch. 337, L. 1977; R.C.M. 1947, 11-1852; amd. Sec. 1629, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 2. Rights of Employment › 44-11-202. Employing entity to pay normal expenses of assisting officer -- reimbursement

44-11-202. Employing entity to pay normal expenses of assisting officer -- reimbursement.
(1) The law enforcement entity employing a peace officer who renders assistance shall make all wage, pension, and disability payments and payments for damage to clothing and equipment due to the officer as a result of the rendering of assistance and shall pay any medical expense incurred by the officer in rendering assistance for which the officer is not otherwise entitled to reimbursement by operation of law or a contract. The employing entity shall also provide workers' compensation coverage for its employees while they are rendering assistance.
(2) If it so requests, the law enforcement entity must be reimbursed by the law enforcement entity that requested the services for all payments made for wages and damage to clothing and equipment and for any medical expense for which neither the employing entity nor the officer is otherwise entitled to reimbursement by operation of law or a contract.
History: En. 11-1853 by Sec. 3, Ch. 337, L. 1977; R.C.M. 1947, 11-1853; amd. Sec. 26, Ch. 7, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-301. Short title

44-11-301. Short title.
This part shall be known and may be cited as the "Interstate Law Enforcement Mutual Aid Act".
History: En. Sec. 1, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-302. Purpose

44-11-302. Purpose.
It is the purpose of this part to permit one or more law enforcement agencies of this state to enter into mutual aid agreements, on the basis of mutual advantage, with one or more law enforcement agencies of any other state or the United States in order to facilitate and coordinate efficient, cooperative enforcement efforts directed at mutual law enforcement problems transcending jurisdictional boundaries and to insure the prompt and effective delivery of law enforcement and emergency services in areas that, due to geographic remoteness, population sparsity, and economic and other factors are in need of an increased law enforcement presence.
History: En. Sec. 2, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-303. Definitions

44-11-303. Definitions.
When used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Law enforcement agency" means a public agency lawfully established by statute or executive order that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, or game laws.
(2) "Law enforcement agency of this state" or "law enforcement agency of another (or any other) state" includes, respectively, a law enforcement agency of a political subdivision of this state and a law enforcement agency of a political subdivision of another state.
(3) "Mutual aid agreement" or "agreement" means an agreement between two or more law enforcement agencies, consistent with the purposes of this part.
(4) "Party law enforcement agency" means a law enforcement agency that is a party to a mutual aid agreement as set forth in this part.
(5) "Peace officer" has the meaning as defined in 46-1-202.
History: En. Sec. 3, Ch. 318, L. 1983; amd. Sec. 256, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-304. Authorization to enter agreement -- general content -- authority of peace officer

44-11-304. Authorization to enter agreement -- general content -- authority of peace officer.
(1) Any one or more law enforcement agencies of this state may enter into a mutual aid agreement with any one or more law enforcement agencies of any other state or the United States to provide the law enforcement or emergency services that all of the parties are authorized by law to perform. If required by applicable law, the agreement must be authorized and approved by the governing body of each party to the agreement.
(2) The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement.
(3) Subject to 44-11-308, a mutual aid agreement may grant a peace officer of any party law enforcement agency acting within the territorial jurisdiction of any other party law enforcement agency authority to act as if the officer were an appointed and qualified peace officer of the law enforcement agency the officer is assisting.
History: En. Sec. 4, Ch. 318, L. 1983; amd. Sec. 1630, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-305. Detailed content of agreement

44-11-305. Detailed content of agreement.
The agreement authorized by 44-11-304 must specify the following:
(1) its duration;
(2) the precise organization, composition, and nature of any separate legal entity created thereby;
(3) the purpose of the agreement;
(4) the manner of financing the agreement and establishing and maintaining a budget therefor;
(5) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(6) provision for administering the agreement, which may include creation of a joint board responsible for such administration;
(7) the manner of acquiring, holding, and disposing of real and personal property used in the agreement;
(8) the minimum standards for law enforcement personnel implementing the provisions of the agreement;
(9) the respective liability of each party to the agreement for the actions of law enforcement officers when acting under the provisions of the agreement;
(10) the minimum insurance required of each party to the agreement;
(11) the exact chain of command or delegation of authority to be followed by law enforcement officials acting under the provisions of the agreement;
(12) the precise enforcement authority that the peace officers of each party law enforcement agency may exercise; and
(13) any other necessary and proper matters.
History: En. Sec. 5, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-306. Right of state in actions involving agreements

44-11-306. Right of state in actions involving agreements.
In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one or more law enforcement agencies of political subdivisions of this state and one or more law enforcement agencies of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any law enforcement agency whose default, failure, performance, or other conduct caused or contributed to any liability incurred by this state.
History: En. Sec. 6, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-307. Agreement not to relieve agency of duties

44-11-307. Agreement not to relieve agency of duties.
No agreement made under this part may relieve any law enforcement agency of this state of any duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid agreement may be offered in satisfaction of the duty.
History: En. Sec. 7, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-308. Limitation of powers

44-11-308. Limitation of powers.
Except for the right granted by this part to jointly exercise powers, this part does not authorize any law enforcement agency of this state to exercise any power that it is not otherwise authorized to exercise.
History: En. Sec. 8, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-309. Repealed

44-11-309. Repealed.
Sec. 14, Ch. 94, L. 2007.
History: En. Sec. 9, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-310. Filing of agreement

44-11-310. Filing of agreement.
Within 20 days after the final approval by the governing bodies of all parties to the agreement, an agreement made pursuant to this part must be filed in the office of:
(1) each clerk and recorder of each county of this state where the principal office of one of the parties to the agreement is located; and
(2) the secretary of state.
History: En. Sec. 10, Ch. 318, L. 1983; amd. Sec. 13, Ch. 94, L. 2007.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-311. Authorization to appropriate funds for purpose of agreement

44-11-311. Authorization to appropriate funds for purpose of agreement.
Any law enforcement agency of this state may appropriate funds for and may sell, lease, or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.
History: En. Sec. 11, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 11. Mutual Assistance Rights of Assisting Officers › Part 3. Interstate Law Enforcement Mutual Aid Act › 44-11-312. Effect of other law

44-11-312. Effect of other law.
The procedures and remedies provided in this part apply to the exclusion of those remedies and procedures for interlocal agreements generally under Title 7, chapter 11, part 1.
History: En. Sec. 12, Ch. 318, L. 1983.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 1. General Provisions › 44-12-101. Definitions

44-12-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Actual knowledge" means direct and clear awareness of information.
(2) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.
History: En. Sec. 1, Ch. 529, L. 1979; amd. Sec. 6, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 1. General Provisions › 44-12-102. Things subject to forfeiture

44-12-102. Things subject to forfeiture.
(1) A court may order, as part of the sentence imposed upon conviction, that the following property be forfeited as provided in 44-12-207 through 44-12-211:
(a) all controlled substances that have been manufactured, distributed, prepared, cultivated, compounded, processed, or possessed in violation of Title 45, chapter 9;
(b) all money, raw materials, products, and equipment of any kind that are used or intended for use in manufacturing, preparing, cultivating, compounding, processing, delivering, importing, or exporting any controlled substance in violation of Title 45, chapter 9, except items used or intended for use in connection with quantities of marijuana in amounts less than 60 grams;
(c) except as provided in subsection (2), all property that is used or intended for use as a container for anything enumerated in subsection (1)(a) or (1)(b);
(d) except as provided in subsection (2), all conveyances, including aircraft, vehicles, and vessels, that are used or intended for use in any manner to facilitate the commission of a violation of Title 45, chapter 9;
(e) all books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used or intended for use in violation of Title 45, chapter 9;
(f) all drug paraphernalia as defined in 45-10-101;
(g) everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of Title 45, chapter 9, all proceeds traceable to an exchange, and all money, negotiable instruments, and securities used or intended to be used to facilitate a violation of Title 45, chapter 9;
(h) any personal property constituting or derived from proceeds obtained directly or indirectly from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison; and
(i) real property, including any right, title, and interest in any lot or tract of land and any appurtenances or improvements, that is directly used or intended to be used in any manner or part to commit or facilitate the commission of or that is derived from or maintained by the proceeds resulting from a violation of Title 45, chapter 9, that is punishable by more than 5 years in prison. An owner's interest in real property is not subject to forfeit by reason of any act or omission unless it is proved that the act or omission was the owner's or was with the owner's actual knowledge, as defined in 44-12-101, or express consent.
(2) A conveyance or container is not subject to forfeiture under this section if it was used or intended for use in transporting less than 60 grams of marijuana, but this exception does not apply to synthetic cannabinoids listed as dangerous drugs in 50-32-222.
History: En. Sec. 2, Ch. 529, L. 1979; amd. Sec. 8, Ch. 481, L. 1981; amd. Sec. 1, Ch. 180, L. 1983; amd. Sec. 1, Ch. 476, L. 1987; amd. Sec. 1, Ch. 652, L. 1989; amd. Sec. 1631, Ch. 56, L. 2009; amd. Sec. 1, Ch. 156, L. 2011; amd. Sec. 7, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 1. General Provisions › 44-12-103. When property may be seized

44-12-103. When property may be seized.
(1) A peace officer who has probable cause to make an arrest for a violation of Title 45, chapter 9, probable cause to believe that a conveyance has been used or is intended to be used to unlawfully transport a controlled substance, or probable cause to believe that a conveyance has been used to keep, deposit, or conceal a controlled substance shall seize the conveyance used or intended to be used or any conveyance in which a controlled substance is unlawfully possessed by an occupant. A peace officer shall:
(a) provide an itemized receipt to the person in possession of the property or, if reasonably practicable, leave a receipt in the place where the property was found if no person is present; and
(b) immediately deliver a conveyance that the officer seizes to the offices of the officer's law enforcement agency, to be held as evidence until forfeiture is declared or release ordered.
(2) All property subject to forfeiture under 44-12-102 may be seized by a peace officer under a search warrant issued by a district court having jurisdiction over the property. Seizure without a warrant may be made if:
(a) the seizure is incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;
(b) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal proceeding or a forfeiture proceeding based on this chapter;
(c) the peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) the peace officer has probable cause to believe that the property was used or is intended to be used in violation of Title 45, chapter 9, or in violation of Title 45, chapter 10, part 1.
History: En. Sec. 3, Ch. 529, L. 1979; amd. Sec. 9, Ch. 481, L. 1981; amd. Sec. 1, Ch. 489, L. 1989; amd. Sec. 1632, Ch. 56, L. 2009; amd. Sec. 8, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 1. General Provisions › 44-12-104. Summary forfeiture of certain controlled substances

44-12-104. Summary forfeiture of certain controlled substances.
Controlled substances that are possessed, transferred, offered for transfer, manufactured, prepared, cultivated, compounded, or processed in violation of Title 45, chapter 9, and that are seized under the provisions of this chapter are contraband and shall be summarily forfeited to the state. Controlled substances which are seized or come into the possession of the state and the owners of which are unknown are contraband and shall be summarily forfeited to the state.
History: En. Sec. 4, Ch. 529, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-201. Repealed

44-12-201. Repealed.
Sec. 13, Ch. 421, L. 2015.
History: En. Sec. 5, Ch. 529, L. 1979; amd. Sec. 1, Ch. 563, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-202. Repealed

44-12-202. Repealed.
Sec. 13, Ch. 421, L. 2015.
History: En. Sec. 6, Ch. 529, L. 1979; amd. Sec. 2, Ch. 563, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-203. Repealed

44-12-203. Repealed.
Sec. 13, Ch. 421, L. 2015.
History: En. Sec. 7, Ch. 529, L. 1979; amd. Sec. 2, Ch. 180, L. 1983; amd. Sec. 3, Ch. 563, L. 1985; amd. Sec. 2, Ch. 652, L. 1989; amd. Sec. 42, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-204. Repealed

44-12-204. Repealed.
Sec. 13, Ch. 421, L. 2015.
History: En. Sec. 8, Ch. 529, L. 1979; amd. Sec. 3, Ch. 180, L. 1983; amd. Sec. 1633, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-207. Forfeiture of property for commission of criminal offense

44-12-207. Forfeiture of property for commission of criminal offense.
(1) Except for controlled substances as provided in 44-12-104, a court may not order forfeiture of real or personal property of any kind pursuant to this chapter, including money, vehicles and other conveyances, and tangible and intangible personal property, unless:
(a) the owner of the property has been convicted of a criminal offense;
(b) the criminal offense specifically provides for forfeiture of property upon conviction; and
(c) the property has been found by clear and convincing evidence to have been used in connection with or to constitute proceeds from the criminal offense.
(2) This section does not prohibit property from being forfeited pursuant to a plea agreement between the prosecutor and the defendant subject to notice to the court or the approval of the court.
(3) Subsection (1)(a) does not apply if the owner of the property dies, is deported, or is unknown or if the owner of the property flees after the prosecution is commenced and is not apprehended within 12 months after the prosecution is commenced. If the owner of the property appears or is apprehended within 12 months after the prosecution is commenced, the owner of the property shall pay a storage fee of $100 per month for each month the property is held.
History: En. Sec. 1, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-208. Notice of seized property -- itemized receipt -- charging document

44-12-208. Notice of seized property -- itemized receipt -- charging document.
(1) Upon seizure of property, a peace officer shall:
(a) provide an itemized receipt of seized property pursuant to 44-12-103; and
(b) notify all persons known to have an interest in the property in the same manner as provided in 44-12-210(2).
(2) Property subject to forfeiture pursuant to 44-12-102 must be identified in the charging document filed by the prosecutor for the criminal offense providing for forfeiture of property upon conviction. The charging document must specify the time and place of the alleged violation, identify the property, and particularly describe the property's use in connection with the criminal offense.
History: En. Sec. 2, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-209. Pretrial hearing

44-12-209. Pretrial hearing.
(1) Following the seizure of property in a proceeding under this chapter, a defendant who has been charged with a criminal offense providing for forfeiture of property upon conviction or a person claiming an interest in the property allegedly used in or derived from the commission of a criminal offense may make a written request for a pretrial hearing to determine the validity of the seizure.
(2) The request for a hearing pursuant to this section must be filed with the court in which the criminal proceeding is pending within 15 days of receiving notice of the seized property pursuant to 44-12-208(1)(b). If more than one person receives notice pursuant to 44-12-208(1)(b), the 15-day request period for a hearing begins from the date the last notice was received. The court shall hold a hearing on the request as soon as practicable but no later than 30 days after the request is filed.
(3) The claimant has the burden of demonstrating a lawful ownership interest or right of possession in the property.
(4) At least 10 days prior to a hearing on the request, a statement demonstrating probable cause for the seizure made pursuant to 44-12-103 must be filed with the court and provided to the claimant.
(5) The court shall order that the property be returned to the claimant if the court finds that:
(a) it is likely the final judgment in the criminal proceeding will result in the state being ordered to return the property;
(b) it is not reasonably necessary for the property to be held for investigatory reasons; or
(c) the property is the only reasonable means for the claimant to pay the costs of legal representation in the forfeiture or criminal proceeding. The court may order the return of a portion of the total amount of property seized sufficient to pay the costs of legal representation and may require an accounting of the remaining property.
(6) In lieu of ordering the return of the property, the court may order the law enforcement agency to provide security or other written assurances for satisfaction of any judgment that may be rendered in the forfeiture proceeding or criminal proceeding, including any damages sustained as a result of retaining the property.
History: En. Sec. 3, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-210. Forfeiture upon criminal conviction -- hearing

44-12-210. Forfeiture upon criminal conviction -- hearing.
(1) Upon conviction of a defendant for a criminal offense providing for forfeiture of property upon conviction and upon notice to all persons known to have an interest in the property pursuant to subsection (2), the court shall hold a hearing to determine whether the property must be forfeited pursuant to 44-12-207 and disposed of as provided in 44-12-212 and 44-12-213 or, in the case of forfeiture for theft of commonly domesticated hoofed animals or illegal branding or altering or obscuring a brand, 45-6-329. Unless the defendant requests separate proceedings, a proceeding for the criminal offense providing for forfeiture of property must be held in conjunction with a proceeding for the forfeiture of the property.
(2) Pursuant to subsection (1), a peace officer or an officer of the agency that seized the property shall notify all persons known to have an interest in the property by one of the following methods:
(a) for a person whose address is known, by personal service of a copy of the notice; or
(b) for a person whose address is unknown, by publication in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county, and by mailing a copy of the notice to the most recent address of the person having an ownership interest in the property, if any, shown in the records of the department of justice.
(3) To establish that the seized property is subject to forfeiture under this chapter, a peace officer or an officer of an agency that seizes any property other than controlled substances must establish by clear and convincing evidence that the property was used in connection with or constitutes proceeds from the commission of the criminal offense.
(4) Seized property is not subject to forfeiture if an owner can establish that the owner is an innocent owner as provided in 44-12-211.
(5) A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge that the property was subject to forfeiture at the time that the property was seized under this chapter. A person claiming a security interest bears the burden of production and must establish the validity of the interest by clear and convincing evidence.
History: En. Sec. 4, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-211. Innocent owner -- ownership interest in property subject to forfeiture

44-12-211. Innocent owner -- ownership interest in property subject to forfeiture.
(1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210.
(2) A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:
(a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and
(b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge of the crime associated with a forfeiture proceeding.
History: En. Sec. 5, Ch. 421, L. 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-212. Disposition of property following hearing

44-12-212. Disposition of property following hearing.
(1) If the provisions of 44-12-207 are not established or the property owner is an innocent owner as provided in 44-12-211, the court shall order that the property be released to the owner of record as of the date of the seizure.
(2) If the provisions of 44-12-207 are established and the property owner is not an innocent owner as provided in 44-12-211, the property must be disposed of as follows:
(a) If proper proof of a claim is presented at the hearing by the holder of a security interest, the court shall order that the property be released to the holder of the security interest if the amount due to the holder is equal to or in excess of the value of the property as of the date of seizure because the purpose of this chapter is to forfeit only the right, title, or interest of the owner. If the amount due the holder of the security interest is less than the value of the property, the property, if it is sold, must be sold at public auction by the law enforcement agency that seized the property in the same manner provided by law for the sale of property under execution or the law enforcement agency may return the property to the holder of the security interest without proceeding with an auction. The property may not be sold to an officer or employee of the law enforcement agency that seized the property or to a person related to an officer or employee by blood or marriage.
(b) If a claimant does not exist and the confiscating agency wishes to retain the property for its official use, it may do so. If the property is not to be retained, it must be sold as provided in subsection (2)(a).
(c) If a claimant who has presented proper proof of a claim exists and the confiscating agency wishes to retain the property for its official use, it may do so if it compensates the claimant in the amount of the security interest outstanding at the time of the seizure.
(3) In making a disposition of property under this chapter, the court may take any action to protect the rights of innocent persons.
History: En. Sec. 9, Ch. 529, L. 1979; amd. Sec. 4, Ch. 180, L. 1983; amd. Sec. 2, Ch. 476, L. 1987; amd. Sec. 2, Ch. 489, L. 1989; amd. Sec. 1634, Ch. 56, L. 2009; amd. Sec. 9, Ch. 421, L. 2015; Sec. 44-12-205, MCA 2013; redes. 44-12-212 by Code Commissioner, 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 12. Seizures Related to Controlled Substances › Part 2. Procedure › 44-12-213. Disposition of proceeds of sale

44-12-213. Disposition of proceeds of sale.
(1) Whenever property is seized, forfeited, and sold under the provisions of this chapter, the net proceeds of the sale must be distributed as follows:
(a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their interests in the property;
(b) the remainder, if any, to the county treasurer of the county in which the property was seized, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(c) through (1)(e);
(c) if the property was seized within the corporate limits of a city or town by a law enforcement agency of that city or town, the remainder, if any, to the city or town treasurer, who shall establish and maintain a drug forfeiture account and deposit the remainder into the account, except as provided in subsections (1)(d) and (1)(e);
(d) if the property was seized by an employee of the state, the remainder, if any, is allocated as provided in subsection (3), except as provided in subsection (1)(e); and
(e) if the property was seized as a result of the efforts of more than one law enforcement agency, the remainder, if any, to the accounts required by this subsection (1), pro rata in the proportions represented by the agencies' expenses of investigation, as determined by the attorney general.
(2) All proceeds from any source that are deposited into a county, city, or town drug forfeiture account must in each fiscal year be appropriated to and remain available until expended by the confiscating agency for drug laws enforcement and education concerning drugs.
(3) (a) Each year, the first $125,000 of net proceeds received by the state under subsections (1)(d) and (1)(e) must be deposited in an account in the state special revenue fund to the credit of the department of justice. The department may expend the money in the account only for purposes of enforcement of drug laws. An amount up to $125,000 each year is statutorily appropriated, as provided in 17-7-502, to the attorney general for enforcement of drug laws. Any expenditure in excess of $125,000 each fiscal year requires approval through budget amendment, as provided in Title 17, chapter 7, part 4.
(b) Each year, net proceeds in excess of $125,000 that are received by the state under subsections (1)(d) and (1)(e) must be deposited equally between the state special revenue account and the general fund.
History: En. Sec. 10, Ch. 529, L. 1979; amd. Sec. 5, Ch. 180, L. 1983; amd. Sec. 3, Ch. 476, L. 1987; amd. Sec. 2, Ch. 690, L. 1991; amd. Sec. 32, Ch. 349, L. 1993; amd. Sec. 64, Ch. 545, L. 1995; amd. Sec. 22, Ch. 389, L. 1999; Sec. 44-12-206, MCA 2013; redes. 44-12-213 by Code Commissioner, 2015.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 13. Special Law Enforcement Assistance Funding › Part 1. Special Law Enforcement Assistance Account › 44-13-101. Law enforcement assistance account created

44-13-101. Law enforcement assistance account created.
There is an account in the federal special revenue fund defined in 17-2-102 to be known as the special law enforcement assistance account.
History: En. Sec. 1, Ch. 625, L. 1985.