MontanaHB 61269th Legislature, Regular Session (2025)House

Generally revise criminal procedure laws

Sponsored By: Greg Overstreet (Republican)

Became Law

Criminal Procedure

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Consecutive time after revocation, with credit

If the judge finds a violation, the court can keep or change your terms, place you in a secure or community program for up to 9 months, or revoke and impose a sentence. After revocation, your new sentence runs one after the other with any existing sentence, unless the revoked term was originally concurrent. Separate sentences for different offenses also run consecutively unless the court orders otherwise. If revoked, the judge must consider time already served and give credit for detention or home arrest, or explain why not.

Rules for revocation hearings and bail

The law sets firm rules for revoking a suspended or deferred sentence. A judge can order a hearing and issue an arrest warrant when a petition shows probable cause. If arrested, you must see a judge without unnecessary delay and within 60 days, and get at least 10 days’ notice. You have the right to a lawyer, to present evidence, and to question witnesses. Bail rules apply. A hearing is required unless you admit the violation and waive it, or the change helps you and the prosecutor does not object. The state must prove a violation by a preponderance of the evidence; if not, the court dismisses the case and releases you. A petition must be filed before or during the suspension or deferral period; the court keeps the case if the period ends after filing. If nonpayment of restitution is the issue, you can show good‑faith efforts to pay. These rules apply to past and future cases. The court must record sanction and placement decisions. The law defines absconding and what counts as a compliance violation.

Sponsors & Cosponsors

Sponsor

Greg Overstreet
Republican • House

Cosponsors

Daniel Emrich
Republican • Senate
Jeremy Trebas
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 173 • No: 122

House vote • 4/15/2025

Do Concur

Yes: 30 • No: 20

House vote • 4/14/2025

Do Concur

Yes: 25 • No: 23

House vote • 3/7/2025

Do Pass

Yes: 59 • No: 40

House vote • 3/5/2025