reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-226. Additional sentence for forcible felony against pregnant woman

46-18-226. Additional sentence for forcible felony against pregnant woman.
(1) An offender who is convicted of committing a forcible felony, as defined in 45-2-101, against a pregnant woman and who, at the time of the offense, knew or should have known that the woman was pregnant shall, in addition to the punishment provided for commission of the offense, be sentenced to a term of imprisonment in a state prison of not less than 2 years or more than 20 years, except as provided in 46-18-222.
(2) An additional sentence imposed pursuant to this section must be imposed pursuant to the requirements of 46-1-401 and must run consecutively to the sentence imposed for the offense, except as provided in 46-18-222.
History: En. Sec. 1, Ch. 159, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-230. Legislative findings -- cost of criminal proceedings

46-18-230. Legislative findings -- cost of criminal proceedings.
With respect to the cost of criminal proceedings, the legislature finds that:
(1) the vast majority of the cost of the criminal proceedings in the state is borne by the general taxpaying public;
(2) it is in the state's best interest to attempt to recover as much as possible of the cost of criminal proceedings from individuals who have been convicted of violating state laws;
(3) various courts in the state of Montana have recently held that certain reasonable fees imposed upon defendants in criminal proceedings in the state, such as fees for general cost of prosecution, pretrial supervision, and community service supervision, were unlawful because there was no specific statutory authorization for the imposition of the costs on the defendant; and
(4) the costs of prosecution and supervision of criminal defendants is a shared responsibility of the state and the counties.
History: En. Sec. 1, Ch. 180, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-232. Payment of costs by defendant

46-18-232. Payment of costs by defendant.
(1) A court may require a convicted defendant in a felony or misdemeanor case to pay costs, as defined in 25-10-201, plus costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision as a part of the defendant's sentence. The costs, in addition to those allowable under 25-10-201, must be limited to expenses specifically incurred by the prosecution or other agency in connection with the proceedings against the defendant or $100 per felony case or $50 per misdemeanor case, whichever is greater.
(2) The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose.
(3) A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.
History: En. Sec. 2, Ch. 198, L. 1981; amd. Sec. 1754, Ch. 56, L. 2009; amd. Sec. 2, Ch. 180, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-233. Fine or costs as condition on suspended or deferred sentence

46-18-233. Fine or costs as condition on suspended or deferred sentence.
(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred or suspended, the court may make payment of the fine or costs a condition for probation.
(2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
History: En. Sec. 3, Ch. 198, L. 1981; amd. Sec. 1755, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-234. When payment of fine or costs due

46-18-234. When payment of fine or costs due.
Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the payment is due immediately.
History: En. Sec. 4, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-235. Disposition of money collected as fines and costs

46-18-235. Disposition of money collected as fines and costs.
Except as provided in 61-8-726, the money collected by a court as a result of the imposition of fines or assessment of costs under the provisions of 46-18-231 and 46-18-232 must be paid:
(1) by the clerk of district court to:
(a) the department of revenue for deposit into the state general fund; or
(b) if the fine was imposed for a violation of Title 45, chapter 9 or 10, and at the court's discretion, the drug forfeiture account maintained under 44-12-213 for the law enforcement agency that made the arrest from which the conviction and fine arose; and
(2) by a justice's court pursuant to 3-10-601.
History: En. Sec. 5, Ch. 198, L. 1981; amd. Sec. 6, Ch. 180, L. 1983; amd. Sec. 16, Ch. 680, L. 1985; amd. Sec. 10, Ch. 1, Sp. L. 1985; amd. Sec. 1, Ch. 553, L. 1987; amd. Sec. 30, Ch. 557, L. 1987; amd. Sec. 59, Ch. 83, L. 1989; amd. Sec. 2, Ch. 296, L. 1991; amd. Sec. 9, Ch. 704, L. 1991; amd. Sec. 51, Ch. 509, L. 1995; amd. Sec. 216, Ch. 546, L. 1995; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 46, Ch. 585, L. 2001; amd. Sec. 4, Ch. 232, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-237. Garnishment -- report by supervising authority

46-18-237. Garnishment -- report by supervising authority.
(1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is entitled to receive money from any source, the person's supervising authority may prepare a report identifying:
(a) the total costs incurred by the state or county during the person's incarceration;
(b) the criminal sentences imposed upon the person, including:
(i) the amount of restitution, if any, ordered in each sentence;
(ii) the name and current address of each victim or other person to whom restitution is owed;
(iii) the amount of restitution paid by the person; and
(iv) the amount of restitution currently owed by the person for each sentence;
(c) the amount of any child support owed by the person.
(2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person.
(3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.
History: En. Sec. 2, Ch. 475, L. 1997; amd. Sec. 2, Ch. 272, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-242. Investigation and report of victim's loss

46-18-242. Investigation and report of victim's loss.
(1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111:
(a) a list of the offender's assets; and
(b) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.
(2) When a presentence report is not requested, the court shall accept evidence of the victim's loss at the time of sentencing.
History: En. Sec. 2, Ch. 426, L. 1983; amd. Sec. 14, Ch. 125, L. 1995; amd. Sec. 3, Ch. 118, L. 2001; amd. Sec. 4, Ch. 272, L. 2003; amd. Sec. 14, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-243. Definitions

46-18-243. Definitions.
For purposes of 46-18-241 through 46-18-249, the following definitions apply:
(1) "Pecuniary loss" means:
(a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender's criminal activities, including without limitation out-of-pocket losses, such as medical expenses, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, expenses reasonably incurred in attending court proceedings related to the commission of the offense, and reasonable expenses related to funeral and burial or crematory services;
(b) the full replacement cost of property taken, destroyed, harmed, or otherwise devalued as a result of the offender's criminal conduct;
(c) future medical expenses that the victim can reasonably be expected to incur as a result of the offender's criminal conduct, including the cost of psychological counseling, therapy, and treatment; and
(d) reasonable out-of-pocket expenses incurred by the victim in filing charges or in cooperating in the investigation and prosecution of the offense.
(2) (a) "Victim" means:
(i) a person who suffers loss of property, bodily injury, or death as a result of:
(A) the commission of an offense;
(B) the good faith effort to prevent the commission of an offense; or
(C) the good faith effort to apprehend a person reasonably suspected of committing an offense;
(ii) the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim;
(iii) a governmental entity that:
(A) suffers loss of property as a result of the commission of an offense in this state;
(B) incurs costs or losses during the commission or investigation of an escape, as defined in 45-7-306, or during the apprehension or attempted apprehension of the escapee; or
(C) incurs costs or losses as result of extraditing an offender from an out-of-state jurisdiction to Montana;
(iv) an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss;
(v) the crime victims compensation and assistance program established under Title 53, chapter 9, part 1, to the extent that it has reimbursed a victim for pecuniary loss; and
(vi) any person or entity whom the offender has voluntarily agreed to reimburse as part of a voluntary plea bargain.
(b) Victim does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.
History: En. Sec. 3, Ch. 426, L. 1983; amd. Sec. 15, Ch. 125, L. 1995; amd. Sec. 2, Ch. 26, L. 1997; amd. Sec. 5, Ch. 272, L. 2003; amd. Sec. 1, Ch. 103, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-245. Supervision of payment

46-18-245. Supervision of payment.
For a felony offense, the court shall order the department of corrections to supervise the payment of restitution. For a misdemeanor offense, the court may order a restitution officer or other designated person to supervise the making of restitution and to report to the court any default in payment. If the victim of a misdemeanor has received compensation under Title 53, chapter 9, the court may also order an employee of the office of victims services provided for in 2-15-2016 to supervise the making of restitution and to report to the court any default in payment.
History: En. Sec. 5, Ch. 426, L. 1983; amd. Sec. 17, Ch. 125, L. 1995; amd. Sec. 7, Ch. 272, L. 2003; amd. Sec. 23, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-246. Waiver or modification of payment

46-18-246. Waiver or modification of payment.
An offender may at any time petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution or amount to be paid pursuant to 46-18-241(2)(a). The court shall schedule a hearing and give a victim to whom restitution was ordered notice of the hearing date, place, and time and inform the victim that the victim will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition of restitution, amount of the victim's pecuniary loss, or method or time of payment no longer exist or that it otherwise would be unjust to require payment as imposed, the court may adjust or waive unpaid restitution or the amount to be paid pursuant to 46-18-241(2)(a) or modify the time or method of making restitution. The court may extend the restitution schedule.
History: En. Sec. 6, Ch. 426, L. 1983; amd. Sec. 18, Ch. 125, L. 1995; amd. Sec. 4, Ch. 181, L. 1997; amd. Sec. 2, Ch. 66, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-247. Default

46-18-247. Default.
(1) If an offender sentenced to make restitution is in default, the sentencing court, upon the motion of the prosecuting attorney or upon its own motion, may issue an order under 46-18-203 requiring the offender to show cause why the offender should not be confined for failure to obey the sentence of the court. The court may order the offender to appear at a time, date, and place for a hearing or, if the offender fails to appear as ordered, issue a warrant for the offender's arrest. The order or warrant must be accompanied by written notice of the offender's right to a hearing as provided in 46-18-203.
(2) If the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for in 46-18-203.
(3) An order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment of restitution, the sentencing court may order the restitution to be collected by any method authorized for the enforcement of other judgments.
History: En. Sec. 7, Ch. 426, L. 1983; amd. Sec. 19, Ch. 125, L. 1995; amd. Sec. 5, Ch. 181, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-248. Rights of state for crime victims compensation and assistance -- exception

46-18-248. Rights of state for crime victims compensation and assistance -- exception.
(1) Except as provided in subsection (3), whenever a victim is paid from the state crime victims compensation and assistance program as provided in Title 53, chapter 9, part 1, for loss arising out of a criminal act, the state is subrogated, to the extent of the payment to the victim, to the rights of the victim to any restitution ordered by the court.
(2) The rights of the state are subordinate to the claims of multiple victims who have suffered loss arising out of multiple offenses by the same offender or arising from any transaction that is part of the same continuous scheme of criminal activity of an offender.
(3) Restitution paid by a youth, a youth's parent or guardian, or a person who contributed to the delinquency of a youth is not subject to subrogation, as provided in 41-5-1521.
History: En. Sec. 8, Ch. 426, L. 1983; amd. Sec. 53, Ch. 18, L. 1995; amd. Sec. 4, Ch. 118, L. 2001; amd. Sec. 4, Ch. 199, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-249. Civil actions by victim

46-18-249. Civil actions by victim.
(1) The total amount that a court orders to be paid to a victim may be treated as a civil judgment against the offender and may be collected by the victim at any time, including after state supervision of the offender ends, using any method allowed by law, including execution upon a judgment, for the collection of a civil judgment. However, 46-18-241 through 46-18-248 and this section do not limit or impair the right of a victim to sue and recover damages from the offender in a separate civil action.
(2) The findings in the sentencing hearing and the fact that restitution was required or paid are not admissible as evidence in a separate civil action and have no legal effect on the merits of a separate civil action.
(3) Any restitution paid by the offender to the victim under a restitution order contained in a criminal sentence, including an amount or amounts paid in a civil proceeding to enforce payment of a restitution order contained in a criminal sentence, must be set off against any pecuniary loss awarded to the victim in a separate civil action arising out of the facts or events that were the basis for the restitution. The court trying the separate civil action shall determine the amount of any setoff asserted by the defendant under this section.
History: En. Sec. 9, Ch. 426, L. 1983; amd. Sec. 2, Ch. 284, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-254. Repealed

46-18-254. Repealed.
Sec. 15, Ch. 375, L. 1997.
History: En. Sec. 3, Ch. 293, L. 1989; amd. Sec. 67, Ch. 10, L. 1993; amd. Sec. 2, Ch. 407, L. 1995; amd. Sec. 217, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-255. Sentence on conviction -- restriction on employment and residency

46-18-255. Sentence on conviction -- restriction on employment and residency.
(1) A judge sentencing a person convicted of a sexual or violent offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant.
(2) In addition to any restriction on employment imposed under subsection (1), a judge sentencing a person convicted of a sexual offense involving a minor and designated as a level 3 offender under 46-23-509 shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant restrictions on the defendant's residency in the proximity of a private or public elementary or high school, preschool as defined in 20-5-402, licensed day-care center, church, or park maintained by a city, town, or county.
(3) If requested by a victim of a sexual offense committed by the defendant, or if requested by an immediate family member of the victim, the judge sentencing a person convicted of a sexual offense shall, as a condition to probation, parole, or deferment or suspension of sentence, impose on the defendant a restriction prohibiting the defendant from directly or indirectly contacting the victim or the immediate family member of the victim. If the victim is a minor, a parent or guardian of the victim may make the request on the victim's behalf.
(4) Restrictions imposed pursuant to this section must be compatible with the restrictions provided for in 45-5-513.
History: En. Sec. 9, Ch. 293, L. 1989; amd. Sec. 3, Ch. 407, L. 1995; amd. Sec. 1, Ch. 390, L. 2001; amd. Sec. 1, Ch. 113, L. 2015; amd. Sec. 2, Ch. 412, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-256. Sexually transmitted disease testing -- test procedure

46-18-256. Sexually transmitted disease testing -- test procedure.
(1) Following entry of judgment, a person convicted of a sexual offense, as defined in 46-23-502, except an offense under 45-5-301 through 45-5-303, must, at the request of the victim of the sexual offense or the parent or guardian of the victim, if the victim is a minor, be administered standard testing according to currently accepted protocol, using guidelines established by the centers for disease control and prevention, U.S. department of health and human services, to detect in the person the presence of antibodies indicative of the presence of human immunodeficiency virus (HIV) or other sexually transmitted diseases, as defined in 50-18-101.
(2) Arrangements for the test required by subsection (1) must be made by the county attorney of the county in which the person was convicted. The test must be conducted by a health care provider, as defined in 50-16-504.
(3) The county attorney of the county in which the person was convicted shall release the information concerning the test results to:
(a) the convicted person; and
(b) the victim of the offense committed by the convicted person or to the parent or guardian of the victim if the victim is a minor.
(4) At the request of the victim of a sexual offense or the parent or guardian of the victim if the victim is a minor, the victim must be provided counseling regarding HIV disease, HIV testing (in accordance with applicable law), and referral for appropriate health care and support services.
(5) For purposes of this section, "convicted" includes an adjudication, under the provisions of 41-5-1502, finding a youth to be a delinquent youth or a youth in need of intervention.
(6) The provisions of the AIDS Prevention Act, Title 50, chapter 16, part 10, do not apply to this section.
History: En. Sec. 1, Ch. 504, L. 1991; amd. Sec. 1, Ch. 71, L. 1993; amd. Sec. 56, Ch. 550, L. 1997; amd. Sec. 3, Ch. 22, Sp. L. August 2002; amd. Sec. 24, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 2. Form of Sentence › 46-18-261. Recovery of suppression and investigation expenses for fires caused by arson

46-18-261. Recovery of suppression and investigation expenses for fires caused by arson.
(1) A person convicted of arson, negligent arson, or solicitation of or conspiracy to commit arson or negligent arson may be ordered, as part of the sentence, to reimburse law enforcement agencies, governmental fire agencies organized under Title 7, chapter 33, and the state for the cost of suppressing and investigating a fire that occurred during the commission of the crime.
(2) The court may order a person doing a presentence investigation and report to include documentation of the costs of suppressing and investigating the fire and of the defendant's ability to pay and may receive evidence concerning the matters at the time of sentencing.
(3) The court shall specify the amount, method, and time of payment, which may include but is not limited to installment payments. The court may order a probation officer or other appropriate officer attached to or working closely with the court in the administration of justice to supervise payment and report any default to the court.
(4) Upon petition by the offender and after a hearing, the payment may be modified. Agencies receiving payment at that time must be notified of and allowed to participate in the hearing.
(5) This section does not limit the right of a law enforcement agency or governmental fire agency to recover from the offender in a civil action, but the findings in the sentencing hearing and the fact that payment of costs was part of the sentence are inadmissible in and have no legal effect on the merits of a civil action. Costs paid by the offender must be deducted from a recovery awarded in a civil action.
History: En. Sec. 1, Ch. 447, L. 1989; amd. Sec. 11, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-301. Hearing on imposition of death penalty

46-18-301. Hearing on imposition of death penalty.
(1) When a defendant is found guilty of or pleads guilty to an offense for which the sentence of death may be imposed, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the circumstances set forth in 46-18-303 and 46-18-304 for the purpose of determining the sentence to be imposed. The hearing must be conducted before the court alone.
(2) (a) Subject to subsection (2)(b), the sentence must be pronounced and judgment rendered within 120 days after the defendant is found guilty or pleads guilty or within 120 days after the Montana supreme court enters a final decision on appeal.
(b) The district court may allow not more than one extension of up to 60 days after entering findings of fact that the extension is necessary to prevent undue hardship to a party.
History: En. 95-2206.6 by Sec. 1, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.6; amd. Sec. 2, Ch. 378, L. 1997.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-302. Evidence that may be received

46-18-302. Evidence that may be received.
(1) (a) Subject to subsection (1)(b), in the sentencing hearing, evidence may be presented as to any matter the court considers relevant to the sentence, including but not limited to:
(i) the nature and circumstances of the crime;
(ii) the defendant's character, background, history, and mental and physical condition;
(iii) the harm caused to the victim and the victim's family as a result of the offense; and
(iv) any other facts in aggravation or mitigation of the penalty.
(b) Evidence of an aggravating circumstance may not be admitted or considered unless the defendant pleaded guilty to the offense and admitted the aggravating circumstance or the trier of fact found beyond a reasonable doubt that the aggravating circumstance existed.
(2) Any evidence that the court considers to have probative force may be received regardless of its admissibility under the rules governing admission of evidence at criminal trials. Evidence admitted at the trial relating to aggravating or mitigating circumstances must be considered without reintroducing it at the sentencing proceeding. The state and the defendant or the defendant's counsel must be permitted to present argument for or against sentence of death.
History: En. 95-2206.7 by Sec. 2, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.7; amd. Sec. 21, Ch. 125, L. 1995; amd. Sec. 2, Ch. 154, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-303. Aggravating circumstances

46-18-303. Aggravating circumstances.
Aggravating circumstances are any of the following:
(1) (a) The offense was deliberate homicide and was committed:
(i) by an offender while in official detention, as defined in 45-2-101;
(ii) by an offender who had been previously convicted of another deliberate homicide;
(iii) by means of torture;
(iv) by an offender lying in wait or ambush;
(v) as a part of a scheme or operation that, if completed, would result in the death of more than one person; or
(vi) by an offender during the course of committing sexual assault, sexual intercourse without consent, deviate sexual conduct, or incest, and the victim was less than 18 years of age.
(b) The offense was deliberate homicide, as defined in 45-5-102(1)(a), and the victim was a peace officer killed while performing the officer's duty.
(2) The offense was aggravated kidnapping that resulted in the death of the victim or the death by direct action of the offender of a person who rescued or attempted to rescue the victim.
(3) The offense was attempted deliberate homicide, aggravated assault, or aggravated kidnapping committed while in official detention, as defined in 45-2-101, by an offender who has been previously:
(a) convicted of the offense of deliberate homicide; or
(b) found to be a persistent felony offender pursuant to part 5 of this chapter, and one of the convictions was for an offense against the person in violation of Title 45, chapter 5, for which the minimum prison term is not less than 2 years.
(4) The offense was sexual intercourse without consent, the offender has a previous conviction of sexual intercourse without consent in this state or of an offense under the laws of another state or of the United States that if committed in this state would be the offense of sexual intercourse without consent, and the offender inflicted serious bodily injury upon a person in the course of committing each offense.
History: En. 95-2206.8 by Sec. 3, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.8; amd. Sec. 2, Ch. 696, L. 1985; amd. Sec. 1, Ch. 387, L. 1987; amd. Sec. 1, Ch. 81, L. 1989; amd. Sec. 2, Ch. 312, L. 1997; amd. Sec. 11, Ch. 52, L. 1999; amd. Sec. 2, Ch. 126, L. 1999; amd. Sec. 5, Ch. 491, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-304. Mitigating circumstances

46-18-304. Mitigating circumstances.
(1) Mitigating circumstances are any of the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The defendant acted under extreme duress or under the substantial domination of another person.
(d) The capacity of the defendant to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law was substantially impaired.
(e) The victim was a participant in the defendant's conduct or consented to the act.
(f) The defendant was an accomplice in an offense committed by another person, and the defendant's participation was relatively minor.
(g) The defendant, at the time of the commission of the crime, was less than 18 years of age.
(2) The court may consider any other fact that exists in mitigation of the penalty.
History: En. 95-2206.9 by Sec. 4, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.9; amd. Sec. 55, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-305. Effect of aggravating and mitigating circumstances

46-18-305. Effect of aggravating and mitigating circumstances.
In determining whether to impose a sentence of death or imprisonment, the court shall take into account the aggravating and mitigating circumstances enumerated in 46-18-303 and 46-18-304 and shall impose a sentence of death if the trier of fact found beyond a reasonable doubt, or the defendant pleaded guilty to the offense and admitted to, one or more aggravating circumstances and the court finds that there are no mitigating circumstances sufficiently substantial to call for leniency. If the court does not impose a sentence of death and one of the aggravating circumstances listed in 46-18-303 exists, the court may impose a sentence of imprisonment for life or for any term authorized by the statute defining the offense.
History: En. 95-2206.10 by Sec. 5, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.10; amd. Sec. 3, Ch. 154, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-306. Specific written findings of fact

46-18-306. Specific written findings of fact.
In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact as to the existence or nonexistence of each of the circumstances set forth in 46-18-303 and 46-18-304. The written findings of fact shall be substantiated by the records of the trial and the sentencing proceeding.
History: En. 95-2206.11 by Sec. 6, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.11.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-307. Automatic review of sentence

46-18-307. Automatic review of sentence.
The judgment of conviction and sentence of death are subject to automatic review by the supreme court of Montana as provided for in 46-18-308 through 46-18-310.
History: En. 95-2206.12 by Sec. 7, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.12.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-308. Time for review -- consolidation with appeal

46-18-308. Time for review -- consolidation with appeal.
The judgment of conviction and sentence of death are subject to automatic review by the supreme court of Montana within 60 days after certification by the sentencing court of the entire record unless the time is extended by the supreme court for good cause shown. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court. The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.
History: En. 95-2206.13 by Sec. 8, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.13.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-309. Transmission of transcript and record of trial

46-18-309. Transmission of transcript and record of trial.
The clerk of the trial court, within 10 days after receiving the transcript, shall transmit the entire record and transcript to the supreme court.
History: En. 95-2206.14 by Sec. 9, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.14.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 3. Death Penalty › 46-18-310. Supreme court's determination as to sentence

46-18-310. Supreme court's determination as to sentence.
(1) The supreme court shall consider the punishment as well as any errors enumerated by way of appeal. With regard to the sentence, the court shall determine:
(a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
(b) whether the evidence supports the trier of fact's finding of the existence or nonexistence of the aggravating circumstances enumerated in 46-18-303 and the sentencing judge's finding of the existence or nonexistence of the mitigating circumstances enumerated in 46-18-304; and
(c) whether the sentence of death is excessive or disproportionate to the penalty imposed in other cases in which a sentencing hearing was held pursuant to 46-18-301, whether the sentence imposed was death or a sentence other than death, considering both the crime and the defendant. The court shall include in its decision a reference to those other cases it took into consideration.
(2) The supreme court shall uphold the sentencing court's findings of fact issued pursuant to 46-18-306 unless those findings are clearly erroneous. The supreme court may not substitute its judgment for that of the sentencing court in:
(a) assessing the credibility of witnesses;
(b) drawing inferences from testimonial, physical, documentary, or other evidence; or
(c) resolving conflicts in the evidence presented at the sentencing hearing or considered by the sentencing court.
History: En. 95-2206.15 by Sec. 10, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.15; amd. Sec. 1, Ch. 302, L. 1997; amd. Sec. 4, Ch. 154, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 4. Factors That Reduce Sentence › 46-18-401. Consecutive sentences

46-18-401. Consecutive sentences.
(1) Unless the judge otherwise orders:
(a) whenever a person serving a term of commitment imposed by a court in this state is committed for another offense, the shorter term or shorter remaining term may not be merged in the other term; and
(b) whenever a person under suspended sentence or on probation for an offense committed in this state is sentenced for another offense, the period still to be served on suspended sentence or probation may not be merged in any new sentence of commitment or probation.
(2) The court, whether or not it merges the sentences, shall immediately furnish each of the other courts and the penal institutions in which the defendant is confined under sentence with authenticated copies of its sentence, which must cite any sentence that is merged.
(3) If an unexpired sentence is merged pursuant to subsection (1), the court that imposed the sentence shall modify it in accordance with the effect of the merger.
(4) Separate sentences for two or more offenses must run consecutively unless the court otherwise orders.
History: En. 95-2213 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 2, Ch. 340, L. 1977; R.C.M. 1947, 95-2213; amd. Sec. 23, Ch. 116, L. 1979; amd. Sec. 11, Ch. 583, L. 1981; amd. Sec. 1, Ch. 76, L. 1989; amd. Sec. 2, Ch. 372, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 4. Factors That Reduce Sentence › 46-18-402. Credit for time served

46-18-402. Credit for time served.
If a defendant has served any portion of the defendant's sentence under a commitment based upon a judgment that is subsequently declared invalid or that is modified during the term of imprisonment, the time served must be credited against any subsequent sentence received upon a new commitment for the same criminal act or acts.
History: En. 95-2214 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2214; amd. Sec. 3, Ch. 372, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 4. Factors That Reduce Sentence › 46-18-403. Credit for incarceration prior to conviction

46-18-403. Credit for incarceration prior to conviction.
(1) (a) A person incarcerated on a bailable offense against whom a judgment of imprisonment is rendered must be allowed credit for each day of incarceration prior to or after conviction, except that the time allowed as a credit may not exceed the term of the prison sentence rendered.
(b) For the purposes of subsection (1)(a), incarceration includes time spent in a residential treatment facility under the order of a court.
(2) A person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of the offense may be allowed a credit for each day of incarceration prior to conviction, except that the amount allowed or credited may not exceed the amount of the fine. The daily rate of credit for incarceration must be established annually by the board of county commissioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rate is established.
History: En. 95-2215 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2215; amd. Sec. 2, Ch. 270, L. 1989; amd. Sec. 4, Ch. 388, L. 1995; amd. Sec. 1, Ch. 13, L. 2005; amd. Sec. 1, Ch. 283, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 4. Factors That Reduce Sentence › 46-18-404. Repealed

46-18-404. Repealed.
Sec. 12, Ch. 372, L. 1995.
History: En. 95-2206.16 by Sec. 1, Ch. 340, L. 1977; R.C.M. 1947, 95-2206.16; amd. Sec. 1, Ch. 426, L. 1979; amd. Sec. 1, Ch. 106, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 5. Persistent Felony Offenders › 46-18-501. Repealed

46-18-501. Repealed.
Sec. 40, Ch. 321, L. 2017.
History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(1).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 5. Persistent Felony Offenders › 46-18-502. Sentencing of persistent felony offender

46-18-502. Sentencing of persistent felony offender.
(1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.
(2) Except as provided in 46-18-219, an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:
(a) the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202, at the time of the offender's previous felony conviction;
(b) less than 5 years have elapsed between the commission of the present offense and:
(i) the previous felony conviction; or
(ii) the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and
(c) the offender was 21 years of age or older at the time of the commission of the present offense.
(3) Except as provided in 46-18-222, the imposition or execution of the first 5 years of a sentence imposed under subsection (1) of this section or the first 10 years of a sentence imposed under subsection (2) of this section may not be deferred or suspended.
(4) Any sentence imposed under subsection (2) must run consecutively to any other sentence imposed.
History: En. 95-1507 by Sec. 5, Ch. 513, L. 1973; amd. Sec. 21, Ch. 184, L. 1977; amd. Sec. 11, Ch. 584, L. 1977; R.C.M. 1947, 95-1507(2), (3); amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 327, L. 1981; amd. Sec. 16, Ch. 482, L. 1995; amd. Sec. 12, Ch. 52, L. 1999; amd. Sec. 29, Ch. 321, L. 2017; amd. Sec. 3, Ch. 649, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 6. Procedure After Conviction or Sentencing › 46-18-601. Judgment in writing -- lien

46-18-601. Judgment in writing -- lien.
(1) The judgment shall be reduced to writing and signed by the judge.
(2) A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate of the defendant, which lien dates from the date of the defendant's arrest.
History: En. 95-2208 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2208.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 6. Procedure After Conviction or Sentencing › 46-18-602. Repealed

46-18-602. Repealed.
Sec. 6, Ch. 104, L. 1981.
History: En. 95-2209 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2209.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 6. Procedure After Conviction or Sentencing › 46-18-603. Disposition of fines and forfeitures

46-18-603. Disposition of fines and forfeitures.
All fines and forfeitures collected in any court except city courts must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred. After those costs are paid, the remainder, if not paid to a justice's court or otherwise provided by law, must be forwarded to the department of revenue for deposit in the state general fund.
History: En. 95-2228 by Sec. 10, Ch. 513, L. 1973; R.C.M. 1947, 95-2228; amd. Sec. 32, Ch. 557, L. 1987; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 47, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 6. Procedure After Conviction or Sentencing › 46-18-604. Repealed

46-18-604. Repealed.
Sec. 1, Ch. 102, L. 2003.
History: En. Sec. 1, Ch. 459, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 18. Sentence and Judgment › Part 6. Procedure After Conviction or Sentencing › 46-18-608. Motion to vacate conviction -- human trafficking victims

46-18-608. Motion to vacate conviction -- human trafficking victims.
(1) On the motion of a person, a court may vacate a person's conviction of prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or another nonviolent offense if the court finds that the person's participation in the offense was a direct result of having been a victim of human trafficking or of sex trafficking under the federal Trafficking Victims Protection Act, 22 U.S.C. 7103 through 7112.
(2) The motion must:
(a) be made within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable concerns for the safety of the person, family members of the person, or other victims of human trafficking who could be jeopardized by filing a motion under this section; and
(b) state why the facts giving rise to the motion were not presented to the court during the prosecution of the person.
(3) No official determination or documentation is required to grant a motion by a person under this section, but official documentation from a local government or a state or federal agency of the person's status as a victim of human trafficking creates a rebuttable presumption that the person's participation in the offense was a direct result of having been a victim of human trafficking.
(4) If a court vacates a conviction under this section, the court shall:
(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice accompanied by a form prepared by the department of justice and containing identifying information about the person; and
(b) inform the person whose conviction has been vacated under this section that the person may be eligible for certain state and federal programs and services and provide the person with information for contacting appropriate state and federal victim services organizations. After the conviction is vacated, all records and data relating to the conviction 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.
(5) For the purposes of this section, the term "human trafficking" has the meaning provided in 45-5-701.
History: En. Sec. 1, Ch. 193, L. 2013; amd. Sec. 24, Ch. 285, L. 2015; amd. Sec. 32, Ch. 167, L. 2023.