MontanaSB 55269th Legislature, Regular Session (2025)Senate

Generally revise criminal justice laws

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Bill Overview

Analyzed Economic Effects

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

Path to early end of probation

You can ask to end probation early after 9 to 24 months, based on your latest risk level and if you are in compliance. Women’s tool: low 9 months, moderate 12, medium 18, high 24. Montana tool: low 9, moderate 12, high 18, very high 24. You, your lawyer, or the prosecutor may file the motion, serve it on the county attorney, and you do not need an extra brief; the motion must say whether the Department supports it. Victims get notice and a chance to give input. A judge may grant discharge only if it is best for you and society, poses no unreasonable danger to the victim, and all restitution and court‑ordered financial obligations are paid in full. Early discharge does not block later revocation if new grounds arise.

Penalties after violations and time credit

If the court finds a violation, it can keep or change terms, revoke the suspension, or place the person in a secure or community program for up to 9 months. The law removes that 9‑month placement option in most cases, keeping it only for certain post‑prison supervision listed in the law. If a sentence is revoked, the judge must credit eligible time already served, including jail time or home arrest, or explain why no credit is given.

Stronger probation rules and no-contact

The Department must supervise people on probation and ask the court to set conditions if none were set; you have the right to attend that hearing and have a lawyer. You must sign your probation rules, and the Department can require you to sign an extradition waiver. Officers must regularly coach people using proven methods and tell them about rights restored after finishing. They and county attorneys can ask to add or change conditions; the court may grant changes without a hearing if you do not object. If you are on probation for a sexual offense, the court can bar contact with the victim or family, and the Department must seek that order if the victim asks. Even when no violation is found, the court may set or modify probation conditions.

Clearer, faster revocation case rules

Revocation cases can move to the county where a new felony is charged. A $120 court filing fee applies when a transfer is requested. Prosecutors must file before or during the suspension or deferral; filing on time keeps the court’s power even if the period later ends. A judge can order a hearing or a warrant on a probable-cause petition, and normal bail rules apply. Arrested people must see a judge within 60 days and get at least 10 days’ notice of the claims and rights; a hearing is required unless the person admits the violation or the relief is favorable and the prosecutor does not object. The state must prove a violation by a preponderance; if not proved, the case is dismissed and anyone in custody is released. These rules apply no matter when the person was convicted, decisions must be recorded, and the law defines absconding and compliance violations.

Sponsors & Cosponsors

Sponsor

Barry Usher
Republican • Senate

Cosponsors

Shane Klakken
Republican • House

Roll Call Votes

All Roll Calls

Yes: 275 • No: 17

Senate vote • 4/23/2025

Do Concur

Yes: 91 • No: 8

Senate vote • 4/22/2025

Do Concur

Yes: 92 • No: 7

Senate vote • 4/5/2025

Do Pass

Yes: 46 • No: 2

Senate vote • 4/4/2025