reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 2. The Trial -- Justices' and City Courts › 46-17-211. Repealed

46-17-211. Repealed.
Sec. 49, Ch. 262, L. 1993.
History: En. 95-2006 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 4, L. 1973; rep. and re-en. 95-2006 by Sec. 30, Ch. 513, L. 1973; amd. Sec. 32, Ch. 184, L. 1977; R.C.M. 1947, 95-2006.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 3. Procedure After Trial -- Justices' and City Courts › 46-17-301. Repealed

46-17-301. Repealed.
Sec. 49, Ch. 262, L. 1993.
History: En. 95-2007 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 348, L. 1973; amd. Sec. 33, Ch. 184, L. 1977; R.C.M. 1947, 95-2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 3. Procedure After Trial -- Justices' and City Courts › 46-17-302. Execution of judgment

46-17-302. Execution of judgment.
(1) The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted.
(2) When a judgment of imprisonment is entered, a certified copy of the judgment must be delivered to the sheriff or other officer, which is a sufficient warrant for its execution.
(3) If a judgment is rendered imposing a fine only without imprisonment for nonpayment and the offender is not detained for any other legal cause, the offender must be discharged as soon as the judgment is given.
(4) A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.
(5) Any officer charged with the collection of fines under the provisions of this chapter shall return the execution to the judge within 30 days from its delivery to the officer and pay the money collected to the judge after deducting the officer's fees for the collection.
History: En. 95-2008 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2008(part); amd. Sec. 1, Ch. 270, L. 1989; amd. Sec. 1753, Ch. 56, L. 2009; amd. Sec. 1, Ch. 335, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 3. Procedure After Trial -- Justices' and City Courts › 46-17-303. Deposit of fines -- collection

46-17-303. Deposit of fines -- collection.
(1) Except as provided in subsection (2), all fines imposed and collected by the court must be paid to the appropriate treasurer of the county, city, or town within 30 days of receipt. The judge shall file a copy of any receipt given for a collected fine with the appropriate county, city, or town clerk.
(2) (a) The court may contract with a private person or entity for the collection of any final judgment that requires a payment to the court.
(b) In the event that a private person or entity is retained to collect a judgment, the court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the court must be added to the judgment amount.
(3) If the judgment is for a fine alone, execution may issue on the judgment for any unpaid interest accrued on the judgment, costs, and fees in collecting the fine as on a judgment in a civil case.
History: En. 95-2008 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2008(part); amd. Sec. 29, Ch. 557, L. 1987; amd. Sec. 2, Ch. 63, L. 1999; amd. Sec. 15, Ch. 515, L. 2001; amd. Sec. 7, Ch. 510, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 3. Procedure After Trial -- Justices' and City Courts › 46-17-304. Disposition of fines for city ordinance violations when appealed

46-17-304. Disposition of fines for city ordinance violations when appealed.
All fines obtained from a judgment in a higher court on an appeal from a city court for violation of a city ordinance, tried de novo in the higher court, shall be paid to the county treasurer, who shall, before 31 days after receipt of the sum, forward one-half of the amount to the treasurer of the city in which the action originated.
History: En. Sec. 1, Ch. 32, L. 1967; R.C.M. 1947, 95-2008.1.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 3. Procedure After Trial -- Justices' and City Courts › 46-17-311. Appeal from justices', municipal, and city courts

46-17-311. Appeal from justices', municipal, and city courts.
(1) Except as provided in 46-17-203(2)(b) or subsection (4) of this section and except for cases in which legal issues are preserved for appeal pursuant to 46-12-204, all cases on appeal from a justice's or city court must be tried anew in the district court and may be tried before a jury of six selected in the same manner as for other criminal cases. An appeal from a municipal court to the district court is governed by 3-6-110, an appeal from a justice's court of record is governed by 3-10-115, and an appeal from a city court of record is governed by 3-11-110.
(2) The defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial or the denial of the motion to withdraw a plea as provided in 46-17-203(2)(b). In the case of an appeal by the prosecution, the notice must be filed within 10 days of the date that the order complained of is given. The prosecution may appeal only in the cases provided for in 46-20-103.
(3) Within 30 days of timely filing the notice of appeal, the court shall transfer the entire record of the court of limited jurisdiction to the district court. The court of limited jurisdiction has no duty to transmit the record if the notice of appeal is not timely filed. The defendant may petition the district court to order the record transmitted upon a showing of good cause for failure to timely file the notice of appeal.
(4) A defendant may appeal a justice's court, other than a justice's court of record, or city court, other than a city court of record, revocation of a suspended sentence to the district court. The district court judge shall determine whether the suspended sentence will be revoked. A jury trial is not available in a sentence revocation procedure.
(5) If, on appeal to the district court, the defendant fails to appear for a scheduled court date or meet a court deadline, the court may, except for good cause shown, dismiss the appeal on the court's own initiative or on motion by the prosecution and the right to a jury trial is considered waived by the defendant. Upon dismissal, the appealed judgment is reinstated and becomes the operative judgment.
History: En. 95-2009 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 34, Ch. 184, L. 1977; amd. Sec. 55, Ch. 344, L. 1977; R.C.M. 1947, 95-2009; amd. Sec. 20, Ch. 116, L. 1979; amd. Sec. 1, Ch. 333, L. 1985; amd. Sec. 4, Ch. 277, L. 1989; amd. Sec. 217, Ch. 800, L. 1991; amd. Sec. 39, Ch. 262, L. 1993; amd. Sec. 3, Ch. 129, L. 1997; amd. Sec. 1, Ch. 149, L. 1997; amd. Sec. 3, Ch. 346, L. 1999; amd. Sec. 1, Ch. 13, L. 2003; amd. Sec. 2, Ch. 354, L. 2003; amd. Sec. 12, Ch. 389, L. 2003; amd. Sec. 12, Ch. 557, L. 2005; amd. Sec. 6, Ch. 38, L. 2011.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 4. Procedure in Municipal Court › 46-17-401. Applicability of district court rules

46-17-401. Applicability of district court rules.
Except as otherwise provided by Title 3, chapter 6, and this part, the proceedings and practice in municipal court shall be the same as in district court.
History: En. Sec. 20, Ch. 177, L. 1935; re-en. Sec. 5094.19, R.C.M. 1935; R.C.M. 1947, 11-1719(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 4. Procedure in Municipal Court › 46-17-402. Fees and fines -- collection

46-17-402. Fees and fines -- collection.
(1) The fees and fines in municipal court must be the same as the fees and fines provided by law or ordinance, and except as provided in 61-8-726 and subsection (2) of this section, all fees and fines collected by the court must be paid into the city treasury.
(2) (a) The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court.
(b) In the event that a private person or entity is retained to collect a judgment, the municipal court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The municipal court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment.
History: En. Sec. 18, Ch. 177, L. 1935; re-en. Sec. 5094.18, R.C.M. 1935; amd. Sec. 10, Ch. 429, L. 1977; R.C.M. 1947, 11-1718; amd. Sec. 3, Ch. 63, L. 1999; amd. Sec. 16, Ch. 515, L. 2001; amd. Sec. 3, Ch. 232, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 4. Procedure in Municipal Court › 46-17-403. Jury trial

46-17-403. Jury trial.
In criminal causes arising under the state law, either party shall be entitled to a jury trial, as provided in justices' courts, except that the police officer shall perform the duties thereto prescribed to the sheriff or constable.
History: En. Sec. 15, Ch. 177, L. 1935; re-en. Sec. 5094.15, R.C.M. 1935; R.C.M. 1947, 11-1715(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 17. Lower Court Proceedings › Part 4. Procedure in Municipal Court › 46-17-404. Appeals

46-17-404. Appeals.
(1) A party may appeal to district court from a judgment of municipal court.
(2) Appeal from a municipal court may be limited by requiring by ordinance that a minimum amount in controversy, not to exceed $200, be met before the district court has jurisdiction to hear the appeal, except:
(a) if the judgment of the municipal court includes incarceration, no minimum amount in controversy may be required for appeal; and
(b) upon petition by an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
History: En. Sec. 17, Ch. 177, L. 1935; re-en. Sec. 5094.17, R.C.M. 1935; amd. Sec. 9, Ch. 429, L. 1977; R.C.M. 1947, 11-1717(1), (2).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-101. Correctional and sentencing policy

46-18-101. Correctional and sentencing policy.
(1) It is the purpose of this section to establish the correctional and sentencing policy of the state of Montana. Laws for the punishment of crime are drawn to implement the policy established by this section.
(2) The correctional and sentencing policy of the state of Montana is to:
(a) punish each offender commensurate with the nature and degree of harm caused by the offense and to hold an offender accountable;
(b) protect the public, reduce crime, and increase the public sense of safety by incarcerating violent offenders and serious repeat offenders;
(c) provide restitution, reparation, and restoration to the victim of the offense; and
(d) encourage and provide opportunities for the offender's self-improvement to provide rehabilitation and reintegration of offenders back into the community.
(3) To achieve the policy outlined in subsection (2), the state of Montana adopts the following principles:
(a) Sentencing and punishment must be certain, timely, consistent, and understandable.
(b) Sentences should be commensurate with the punishment imposed on other persons committing the same offenses.
(c) Sentencing practices must be neutral with respect to the offender's race, gender, religion, national origin, or social or economic status.
(d) Sentencing practices must permit judicial discretion to consider aggravating and mitigating circumstances.
(e) Sentencing practices must include punishing violent and serious repeat felony offenders with incarceration.
(f) Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.
(g) Sentencing and correctional practices must emphasize that the offender is responsible for obeying the law and must hold the offender accountable for the offender's actions.
(h) Sentencing practices must emphasize restitution to the victim by the offender. A sentence must require an offender who is financially able to do so to pay restitution, costs as provided in 46-18-232, costs of assigned counsel, as provided in 46-8-113, and, if the offender is a sex offender, costs of any chemical treatment.
(i) Sentencing practices should promote and support practices, policies, and programs that focus on restorative justice principles.
History: En. 95-2201 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2201; amd. Sec. 1, Ch. 533, L. 1983; amd. Sec. 2, Ch. 794, L. 1991; amd. Sec. 64, Ch. 10, L. 1993; amd. Sec. 6, Ch. 125, L. 1995; amd. Sec. 211, Ch. 546, L. 1995; amd. Sec. 3, Ch. 189, L. 1997; amd. Sec. 1, Ch. 474, L. 1997; amd. Sec. 4, Ch. 581, L. 2001; amd. Sec. 51, Ch. 449, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-102. Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication

46-18-102. Rendering judgment and pronouncing sentence -- use of two-way electronic audio-video communication.
(1) The judgment must be rendered in open court. For purposes of this section, a judgment rendered through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be a judgment rendered in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.
(2) If the verdict or finding is not guilty, judgment must be rendered immediately and the defendant must be discharged from custody or from the obligation of a bail bond.
(3) (a) Except as provided in 46-18-301, if the verdict or finding is guilty, sentence must be pronounced and judgment rendered within a reasonable time.
(b) When the sentence is pronounced, the judge shall clearly state for the record the reasons for imposing the sentence.
History: En. 95-2202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2202; amd. Sec. 1, Ch. 46, L. 1983; amd. Sec. 4, Ch. 163, L. 1997; amd. Sec. 1, Ch. 378, L. 1997; amd. Sec. 5, Ch. 222, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-103. Sentence to be imposed by judge

46-18-103. Sentence to be imposed by judge.
All sentences under this chapter shall be imposed exclusively by the judge of the court.
History: En. 95-2212 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2212.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-104. Definitions

46-18-104. Definitions.
As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply:
(1) "Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303.
(2) (a) "Crime of violence" means:
(i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;
(ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
(iii) an offense under:
(A) 45-5-215;
(B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;
(C) 45-5-503, except as provided in subsection (2)(b) of this section;
(D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;
(E) 45-5-508;
(F) 45-5-702;
(G) 45-5-703;
(H) 45-5-705;
(I) 45-5-706; or
(J) 45-5-711.
(b) In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.
(3) "Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.
(4) "Restorative justice" has the meaning provided in 44-7-302.
History: En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019; amd. Sec. 23, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-105. Community corrections facilities or programs

46-18-105. Community corrections facilities or programs.
The department of corrections may provide community corrections facilities or programs for the rehabilitation of nonviolent felony offenders, as authorized under Title 53, chapter 30, part 3.
History: En. Sec. 5, Ch. 794, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 212, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-112. Content of presentence investigation report

46-18-112. Content of presentence investigation report.
(1) Whenever an investigation is requested by the court, the probation and parole officer shall promptly inquire into and report upon:
(a) the defendant's characteristics, circumstances, needs, and potentialities, as reflected in a validated risk and needs assessment;
(b) the defendant's criminal record and social history;
(c) the circumstances of the offense;
(d) the time of the defendant's detention for the offenses charged;
(e) the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and
(f) the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not available or declines to confer, the officer shall record that information in the report.
(2) The following information pertaining to the defendant may also be included or considered in the report:
(a) prior criminal history;
(b) probation or parole history;
(c) official version of the offense or offenses;
(d) custody status;
(e) pending cases or charges against the defendant;
(f) probation officer recommendations;
(g) gang affiliation;
(h) background and ties to the community;
(i) history of substance use disorder;
(j) physical and mental health;
(k) employment history and status;
(l) education history; and
(m) prescreening and placement options.
(3) All local and state mental and correctional institutions, courts, and law enforcement agencies shall furnish, upon request of the officer preparing a presentence investigation, the defendant's criminal record and other relevant information.
(4) The court may, in its discretion, require that the presentence investigation report include a physical and mental examination of the defendant.
(5) Upon sentencing, the court shall forward to the sheriff all information contained in the presentence investigation report concerning the physical and mental health of the defendant, and the information must be delivered with the defendant as required in 46-19-101.
History: En. 95-2204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2204; amd. Sec. 219, Ch. 800, L. 1991; amd. Sec. 41, Ch. 262, L. 1993; amd. Sec. 7, Ch. 125, L. 1995; amd. Sec. 1, Ch. 53, L. 2009; amd. Sec. 2, Ch. 199, L. 2017; amd. Sec. 13, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-113. Availability of presentence investigation report

46-18-113. Availability of presentence investigation report.
(1) All presentence investigation reports must be a part of the court record but may not be opened for public inspection. A copy of the presentence investigation report must be provided to the prosecution, the defendant and the defendant's attorney, the probation and parole officer, and the agency or institution to which the defendant is committed. The prosecutor may disclose the contents of the presentence report to a victim of the offense.
(2) The court having jurisdiction of the case may permit other access to the presentence investigation report as it considers necessary.
History: En. 95-2205 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2205; amd. Sec. 220, Ch. 800, L. 1991; amd. Sec. 8, Ch. 125, L. 1995; amd. Sec. 5, Ch. 189, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-115. Sentencing hearing -- use of two-way electronic audio-video communication

46-18-115. Sentencing hearing -- use of two-way electronic audio-video communication.
Before imposing sentence or making any other disposition upon acceptance of a plea or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing, without unreasonable delay, as follows:
(1) The court shall afford the parties an opportunity to be heard on any matter relevant to the disposition, including the imposition of a sentence enhancement penalty and the applicability of mandatory minimum sentences, persistent felony offender status, or an exception to these matters.
(2) If there is a possibility of imposing the death penalty, the court shall hold a hearing as provided by 46-18-301.
(3) Except as provided in 46-11-701 and 46-16-120 through 46-16-123, the court shall address the defendant personally to ascertain whether the defendant wishes to make a statement and to present any information in mitigation of punishment or reason why the defendant should not be sentenced. If the defendant wishes to make a statement, the court shall afford the defendant a reasonable opportunity to do so. For purposes of this section, the requirement that the court address the defendant personally may be satisfied by the use of two-way electronic audio-video communication. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.
(4) (a) The court shall permit the victim to present a statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding appropriate sentence. At the victim's option, the victim may present the statement in writing before the sentencing hearing or orally under oath at the sentencing hearing, or both.
(b) The court shall give copies of any written statements of the victim to the prosecutor and the defendant prior to imposing sentence.
(c) The court shall consider the victim's statement along with other factors. However, if the victim's statement includes new material facts upon which the court intends to rely, the court shall allow the defendant adequate opportunity to respond and may continue the sentencing hearing if necessary.
(5) The court shall impose sentence or make any other disposition authorized by law.
(6) In felony cases, the court shall specifically state all reasons for the sentence, including restrictions, conditions, or enhancements imposed, in open court on the record and in the written judgment.
History: En. Sec. 221, Ch. 800, L. 1991; amd. Sec. 9, Ch. 125, L. 1995; amd. Sec. 5, Ch. 163, L. 1997; amd. Sec. 3, Ch. 524, L. 2001; amd. Sec. 6, Ch. 222, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-116. Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment

46-18-116. Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment.
(1) The judgment must set forth the plea, the verdict or finding, and the adjudication. If the defendant is convicted, it must set forth the sentence or other disposition. The written judgment must be signed and must be entered on the record within 30 days after the oral pronouncement of the disposition of the case. At the time that the judgment is filed, the prosecutor of the county in which the sentence was imposed shall serve a copy of the judgment on the defendant. The written judgment must include a statement of the rights set forth in subsection (2).
(2) If a written judgment and an oral pronouncement of sentence or other disposition conflict, the defendant or the prosecutor in the county in which the sentence was imposed may, within 120 days after filing of the written judgment, request that the court modify the written judgment to conform to the oral pronouncement. The court shall modify the written judgment to conform to the oral pronouncement at a hearing, and the defendant must be present at the hearing unless the defendant waives the right to be present or elects to proceed pursuant to 46-18-115. The defendant and the prosecutor waive the right to request modification of the written judgment if a request for modification of the written judgment is not filed within 120 days after the filing of the written judgment in the sentencing court.
(3) The court may correct a factually erroneous sentence or judgment at any time. Illegal sentences must be addressed in the manner provided by law for appeal and postconviction relief.
History: En. Sec. 222, Ch. 800, L. 1991; amd. Sec. 1, Ch. 74, L. 2001; amd. Sec. 1, Ch. 141, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 1. Policy and Preliminary Procedure › 46-18-117. Repealed

46-18-117. Repealed.
Sec. 2, Ch. 74, L. 2001.
History: En. Sec. 223, Ch. 800, L. 1991; amd. Sec. 42, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-202. Additional restrictions on sentence

46-18-202. Additional restrictions on sentence.
(1) The sentencing judge may also impose any of the following restrictions or conditions on the sentence provided for in 46-18-201 that the judge considers necessary to obtain the objectives of rehabilitation and the protection of the victim and society:
(a) prohibition of the offender's holding public office;
(b) prohibition of the offender's owning or carrying a dangerous weapon;
(c) restrictions on the offender's freedom of association;
(d) restrictions on the offender's freedom of movement;
(e) a requirement that the defendant provide a biological sample for DNA testing for purposes of Title 44, chapter 6, part 1, if an agreement to do so is part of the plea bargain;
(f) a requirement that the offender surrender any registry identification card issued under 16-12-503 or license issued under 16-12-203;
(g) any other limitation reasonably related to the objectives of rehabilitation and the protection of the victim and society.
(2) Whenever the sentencing judge imposes a sentence of imprisonment in a state prison for a term exceeding 1 year, the sentencing judge may also impose the restriction that the offender is ineligible for parole and participation in the supervised release program while serving that term. If the restriction is to be imposed, the sentencing judge shall state the reasons for it in writing. If the sentencing judge finds that the restriction is necessary for the protection of society, the judge shall impose the restriction as part of the sentence and the judgment must contain a statement of the reasons for the restriction.
(3) If a sentencing judge requires an offender to surrender a registry identification card issued under 16-12-503 or license issued under 16-12-203, the court shall return the card or license to the department of revenue and provide the department with information on the offender's sentence. The department shall revoke the card for the duration of the sentence and shall return the card if the offender successfully completes the terms of the sentence before the expiration date listed on the card.
History: En. 95-2206 by Sec. 1, Ch. 196, L. 1967; rep. and re-en. by Sec. 31, Ch. 513, L. 1973; amd. Sec. 36, Ch. 184, L. 1977; amd. Sec. 1, Ch. 436, L. 1977; amd. Sec. 1, Ch. 580, L. 1977; amd. Sec. 12, Ch. 584, L. 1977; R.C.M. 1947, 95-2206(3); amd. Sec. 22, Ch. 116, L. 1979; amd. Sec. 10, Ch. 583, L. 1981; amd. Sec. 2, Ch. 392, L. 1987; amd. Sec. 44, Ch. 262, L. 1993; amd. Sec. 11, Ch. 125, L. 1995; amd. Sec. 17, Ch. 350, L. 1995; amd. Sec. 6, Ch. 550, L. 1995; amd. Sec. 4, Ch. 52, L. 1999; amd. Sec. 5, Ch. 147, L. 1999; amd. Sec. 2, Ch. 22, Sp. L. August 2002; amd. Sec. 14, Ch. 483, L. 2007; amd. Sec. 29, Ch. 419, L. 2011; amd. Sec. 2, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 77, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-204. Dismissal after deferred imposition

46-18-204. Dismissal after deferred imposition.
(1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208:
(a) for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or
(b) for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed.
(2) A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown.
History: En. 95-2207 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2207; amd. Sec. 1, Ch. 147, L. 1987; amd. Sec. 1, Ch. 463, L. 1989; amd. Sec. 20, Ch. 395, L. 1999; amd. Sec. 2, Ch. 515, L. 2007; amd. Sec. 1, Ch. 273, L. 2015; amd. Sec. 25, Ch. 321, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension

46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension.
(1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment:
(a) 45-5-503, sexual intercourse without consent;
(b) 45-5-504, indecent exposure;
(c) 45-5-507, incest; or
(d) 45-8-218, deviate sexual conduct.
(2) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended:
(a) 45-5-103(4), mitigated deliberate homicide;
(b) 45-5-202, aggravated assault;
(c) 45-5-302(2), kidnapping;
(d) 45-5-303(2), aggravated kidnapping;
(e) 45-5-401(2), robbery;
(f) 45-5-502(3) and (4), sexual assault;
(g) 45-5-503(2) and (3), sexual intercourse without consent; and
(h) 45-5-706, aggravated sex trafficking.
(3) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.
(4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711.
History: En. Sec. 3, Ch. 52, L. 1999; amd. Sec. 5, Ch. 312, L. 2001; amd. Sec. 16, Ch. 483, L. 2007; amd. Sec. 11, Ch. 374, L. 2013; amd. Sec. 20, Ch. 285, L. 2015; amd. Sec. 26, Ch. 321, L. 2017; amd. Sec. 27, Ch. 167, L. 2023; amd. Sec. 2, Ch. 205, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence

46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence.
Upon sentencing a person for conviction of a sexual offense under Title 45, chapter 5, part 5, who is designated as a level 3 offender under 46-23-509, the sentencing judge shall, as a condition of probation, parole, conditional release, or deferment or suspension of sentence, require the offender to participate in the program for the continuous satellite-based monitoring of sexual offenders established under 46-23-1010.
History: En. Sec. 1, Ch. 360, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion

46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion.
(1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor, the defendant, or the defendant's attorney may file a motion to terminate the time remaining on the sentence if:
(a) in the case of a deferred imposition of sentence, the defendant has served 2 years or one-half of the sentence, whichever is less, and has demonstrated compliance with supervision requirements; or
(b) in the case of a suspended sentence:
(i) the defendant has served 3 years or two-thirds of the time suspended, whichever is less; and
(ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.
(2) The motion must set forth the following:
(a) why the defendant meets the time limitations provided in subsection (1); and
(b) how the defendant has demonstrated compliance with supervision requirements.
(3) The motion must be served on the county attorney serving in the county of the presiding district court. The movant does not need to file an accompanying brief as otherwise required by Rule 2 of the Montana Uniform District Court Rules.
(4) The department of corrections shall make reasonable efforts to notify the victim if required by 46-24-212, and the county attorney shall make reasonable efforts to notify the victim. The victim must be provided the following information:
(a) a copy of the motion;
(b) written notice that:
(i) the victim may provide written input regarding the motion or may ask the county attorney to state the victim's position on the motion;
(ii) if a hearing is set, the date, time, and place of the hearing; and
(iii) the victim may appear and testify at any hearing held on the motion.
(5) The court may hold a hearing on its own motion and may consider a hearing request from the county attorney or defendant.
(6) If the court requires a hearing on the motion, the court may grant the motion if it finds that:
(a) termination of the remainder of the sentence is in the best interests of the defendant and society;
(b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and
(c) the defendant has paid all restitution and court-ordered financial obligations in full.
History: En. Sec. 1, Ch. 515, L. 2007; amd. Sec. 2, Ch. 391, L. 2017; amd. Sec. 1, Ch. 380, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-211. When no place of imprisonment is specified

46-18-211. When no place of imprisonment is specified.
When a statute authorizes imprisonment for its violation but does not prescribe the place of imprisonment, a sentence not to exceed 1 year shall be to the county jail.
History: En. 95-2206.2 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.2.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-212. When no penalty is specified

46-18-212. When no penalty is specified.
The court, in imposing sentence upon an offender convicted of an offense for which no penalty is otherwise provided or if the offense is designated a misdemeanor and no penalty is otherwise provided, may sentence the offender to a term of imprisonment not to exceed 6 months in the county jail or a fine not to exceed $500, or both.
History: En. 95-2206.3 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.3(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-213. When no penalty is specified -- felony

46-18-213. When no penalty is specified -- felony.
The court, in imposing sentence upon an offender convicted of an offense which is designated as a felony and no penalty is otherwise provided, may sentence the offender for any term not to exceed 10 years in the state prison or may fine the offender in an amount not to exceed $50,000 or may impose both such fine and imprisonment.
History: En. 95-2206.4 by Sec. 31, Ch. 513, L. 1973; R.C.M. 1947, 95-2206.4; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-220. Sentences for certain offenses committed in official detention -- death penalty

46-18-220. Sentences for certain offenses committed in official detention -- death penalty.
An offender convicted of having committed attempted deliberate homicide, aggravated assault, or aggravated kidnapping while in official detention, as defined in 45-2-101, shall, if the provisions of 46-1-401 have been complied with, be sentenced to death or life imprisonment as provided in 46-18-301 through 46-18-310.
History: En. Sec. 1, Ch. 696, L. 1985; amd. Sec. 7, Ch. 52, L. 1999; amd. Sec. 1, Ch. 126, L. 1999; amd. Sec. 4, Ch. 491, L. 1999; amd. Sec. 4, Ch. 524, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-221. Additional sentence for offenses committed with dangerous weapon

46-18-221. Additional sentence for offenses committed with dangerous weapon.
(1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of any offense, other than an offense in which the use of a weapon is an element of the offense, and who, while engaged in the commission of the offense, knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in the state prison of not less than 2 years or more than 10 years, except as provided in 46-18-222.
(2) If the provisions of 46-1-401 have been complied with, a person convicted of a second or subsequent offense under this section shall, in addition to the punishment provided for the commission of the present offense, be sentenced to a term of imprisonment in the state prison of not less than 4 years or more than 20 years, except as provided in 46-18-222. For the purposes of this subsection, the following persons must be considered to have been convicted of a previous offense under this section:
(a) a person who has previously been convicted of an offense, committed on a different occasion than the present offense, under 18 U.S.C. 924(c); and
(b) a person who has previously been convicted of an offense in this or another state, committed on a different occasion than the present offense, during the commission of which the person knowingly displayed, brandished, or otherwise used a firearm, destructive device, as defined in 45-8-332(1), or other dangerous weapon.
(3) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222.
(4) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense.
History: En. 95-2206.17 by Sec. 13, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.17; amd. Sec. 1, Ch. 108, L. 1981; amd. Sec. 1, Ch. 16, L. 2001; amd. Sec. 5, Ch. 524, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-223. Hearing to determine application of exceptions

46-18-223. Hearing to determine application of exceptions.
(1) When the application of an exception provided for in 46-18-222 is an issue, the court shall grant the defendant a hearing prior to the imposition of sentence to determine the applicability of the exception.
(2) The hearing shall be held before the court sitting without a jury. The defendant and the prosecution are entitled to assistance of counsel, compulsory process, and cross-examination of witnesses who appear at the hearing.
(3) If it appears by a preponderance of the information, including information submitted during the trial, during the sentencing hearing, and in so much of the presentence report as the court relies on, that none of the exceptions at issue apply, the court shall impose the appropriate mandatory sentence. The court shall state the reasons for its decision in writing and shall include an identification of the facts relied upon in making its determination. The statement shall be included in the judgment.
History: En. 95-2206.19 by Sec. 15, Ch. 584, L. 1977; R.C.M. 1947, 95-2206.19.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition

46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition.
(1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of an offense in which bodily injury occurred or was attempted or threatened and who knowingly used or carried a handgun loaded with armor-piercing ammunition during the commission of the offense must, in addition to the sentence for the offense, be sentenced to a term of imprisonment in the state prison of not less than 5 years or more than 25 years, except as provided in 46-18-222.
(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense, and except as provided in 46-18-222, the sentence may not be suspended and imposition of it may not be deferred.
(3) For purposes of this section:
(a) "armor-piercing ammunition" means ammunition which, if fired from a handgun under the test procedure of the national institute of law enforcement and criminal justice standard for the ballistics resistance of police body armor promulgated December 1978, is capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States department of justice and published in December 1978; and
(b) "handgun" means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.
History: En. Sec. 1, Ch. 392, L. 1983; amd. Sec. 6, Ch. 524, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment

46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment.
(1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203. In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:
(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
(b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;
(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(d) the offender acted under strong provocation;
(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;
(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;
(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.
(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).
History: En. Sec. 4, Ch. 794, L. 1991; amd. Sec. 66, Ch. 10, L. 1993; amd. Sec. 15, Ch. 482, L. 1995; amd. Sec. 215, Ch. 546, L. 1995; amd. Sec. 7, Ch. 189, L. 1997; amd. Sec. 9, Ch. 52, L. 1999; amd. Sec. 3, Ch. 517, L. 2005.