MontanaSB 7069th Legislature, Regular Session (2025)Senate

Generally revise laws related to supervision on probation

Sponsored By: Gayle Lammers (Republican)

Became Law

CorrectionsCriminal Procedure

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Bill Overview

Analyzed Economic Effects

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

Clear rights and timelines for probation revocation

A revocation petition must be filed before or during your suspended or deferred term. Courts keep jurisdiction over petitions filed on time. If you are arrested, you see a judge without delay and within 60 days. You get at least 10 days’ notice of the claims and your rights to appear, present proof, question witnesses, and have a lawyer. The prosecution must prove a violation by a preponderance of the evidence; if not, the judge dismisses the case and releases you if jailed. For unpaid restitution, you can show a good-faith effort to pay. Judges may issue arrest warrants based on probable cause, and normal bail rules apply. A hearing is required unless you admit and waive, relief is favorable and the prosecutor does not object after notice, or a condition is removed with no objection and the victim is told. An extension of probation is not “favorable.” These rules apply to anyone facing revocation, no matter the conviction date.

Violation sanctions and time-served credit

If the court finds a violation, it may keep your sentence, change terms, place you in a secure or community program for up to 9 months, or revoke and order the original sentence. For a deferred sentence, the court may impose any sentence allowed at the start. If revoked, the judge must credit time you served without violations, including time in jail or home arrest, or explain why not. All sanction and placement decisions must be written in your file. The law defines absconding and lists serious breaches that are not “compliance violations,” including new crimes, illegal gun possession, stalking or threats to the victim or support network, absconding, and failing required sex or violent offender treatment. These definitions guide how violations are handled.

Sponsors & Cosponsors

Sponsor

  • Gayle Lammers

    Republican • Senate

Cosponsors

  • Tracy Sharp

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 337 • No: 9

Senate vote 4/11/2025

Do Concur

Yes: 98 • No: 1

Senate vote 4/11/2025

Do Concur

Yes: 98 • No: 1

Senate vote 2/12/2025

Do Pass

Yes: 48 • No: 2

Senate vote 2/11/2025

AMD-SB0070.001.002 Lammers D/PASS

Yes: 47 • No: 2

Senate vote 2/11/2025

Do Pass As Amended

Yes: 46 • No: 3

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025Senate
  2. Signed by Governor

    5/5/2025Senate
  3. Transmitted to Governor

    4/25/2025Senate
  4. Signed by Speaker

    4/25/2025House
  5. Signed by President

    4/21/2025Senate
  6. Returned from Enrolling

    4/12/2025Senate
  7. Sent to Enrolling

    4/11/2025Senate
  8. 3rd Reading Concurred

    4/11/2025House
  9. 2nd Reading Concurred

    4/11/2025House
  10. Committee Report--Bill Concurred

    4/9/2025House
  11. Committee Executive Action--Bill Concurred

    4/9/2025House
  12. Hearing

    4/7/2025House
  13. First Reading

    2/13/2025House
  14. Referred to Committee

    2/13/2025House
  15. Transmitted to House

    2/13/2025Senate
  16. 3rd Reading Passed

    2/12/2025Senate
  17. 2nd Reading Passed as Amended

    2/11/2025Senate
  18. 2nd Reading Motion to Amend Carried

    2/11/2025Senate
  19. Committee Report--Bill Passed

    2/10/2025Senate
  20. Committee Executive Action--Bill Passed

    2/6/2025Senate
  21. Hearing

    1/25/2025Senate
  22. Hearing Canceled

    1/25/2025Senate
  23. Referred to Committee

    1/7/2025Senate
  24. First Reading

    1/6/2025Senate
  25. Introduced

    12/27/2024Senate

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 2)

    2/12/2025

  • Introduced

    12/27/2024

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