MontanaHB 61269th Legislature, Regular Session (2025)House

Generally revise criminal procedure laws

Sponsored By: Greg Overstreet (Republican)

Signed by Governor

Criminal Procedure

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Analyzed Economic Effects

6 provisions identified: 4 benefits, 2 costs, 0 mixed.

Credit for time in jail or home arrest

After revocation, the judge must review time you already served. The judge must credit time in jail or on home arrest if there is no record of violations. If the judge denies credit, the order must say why.

Revoked sentences now run back to back

The law requires that after a revocation, your sentence runs after any earlier sentence. This adds time because sentences run back to back. The only exception is when the revoked sentence originally ran at the same time as the earlier one.

Up to 9 months in custody or programs

When the judge finds a violation, the judge can keep your suspended sentence but add stricter terms. The judge can place you in a secure facility for up to 9 months. The judge can also place you in community corrections for up to 9 months, like a prerelease center, sanction or hold bed, transitional living, added supervision, relapse help, treatment, or a 24/7 sobriety program.

Limits on revocation for nonpayment and minor breaches

If the case is about not paying restitution, you can show you tried in good faith to get the money. If you prove that, the court can excuse the violation. The law also narrows what counts as a 'compliance violation.' New crimes, having a gun against probation rules, stalking or threatening victims, absconding, and failing required sex or violent-offender treatment are not compliance violations.

Revocation hearings: deadlines, notice, proof rules

The court must hold a hearing before revoking or changing a suspended or deferred sentence. A hearing is not needed if you admit and waive it or if the change clearly helps you and the prosecutor, after notice, does not object. You must be brought before a judge without delay and no later than 60 days after arrest. You must get at least 10 days’ notice of the claims and your rights, including a lawyer, to present evidence, and to question witnesses. At the hearing, the prosecutor must prove a violation by a preponderance of the evidence. Extending probation is not treated as a favorable change.

Sanction decisions must be recorded in your file

All sanction and placement choices in revocation cases must be recorded in your file. Probation, parole, judges, and corrections must keep this record. This helps reviews and appeals.

Sponsors & Cosponsors

Sponsor

Greg Overstreet
Republican • House

Cosponsors

Daniel Emrich
Republican • Senate
Jeremy Trebas
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 175 • No: 123

Senate vote • 4/15/2025

Do Concur

Yes: 30 • No: 20

Senate vote • 4/14/2025

Do Concur

Yes: 27 • No: 23

House vote • 3/7/2025

Do Pass

Yes: 59 • No: 40

House vote • 3/5/2025