Title 46, Title 46

(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 rep…

(1) (a) A person convicted of the offense of vehicular homicide while under the influence as defined in 45-5-106 shall pay restitution for the support of each minor child whose parent or guardian was the victim of the offense. (b) The court shall order the support to be paid mont…

(Temporary) Condition of restitution -- interest. (1) As provided in 46-18-201 and 46-18-240, a sentencing court shall, as part of the sentence, require an offender to make full restitution to any victim who has sustained pecuniary loss, including a person suffering an economic l…

(1) (a) 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…

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 t…

(1) The court shall specify the total amount of restitution that the offender shall pay. (2) In the proceeding for the determination of the amount of restitution, the offender may assert any defense that the offender could raise in a civil action for the loss for which the victim…

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…

(1) Except as limited by subsection (2), an offender may 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). (2) A court may not waive or adjust a restitution order within 1 ye…

(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…

(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 vi…

(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 upo…

(Temporary) Victim's location unknown -- payments to restitution fund -- use of restitution fund. (1) If the location of a victim on whose behalf restitution is being paid is unknown, the court may order that restitution payments made on that victim's behalf be deposited in a fun…

(Temporary) Allocation of fines, costs, restitution, interest, and other charges. (1) Except as provided in 46-18-236(7)(b), if a misdemeanor offender is subjected to any combination of fines, costs, restitution, charges, interest, or other payments arising out of the same crimin…

(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 o…

(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 admi…

(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 …

(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 nonexist…

(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, histo…

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) b…

(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 extr…

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…

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 s…

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.

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 th…

The clerk of the trial court, within 10 days after receiving the transcript, shall transmit the entire record and transcript to the supreme court.

(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; (…

(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 s…

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 n…

(1) (a) An incarcerated person against whom a judgment of imprisonment is rendered must be allowed credit for each day of incarceration prior to imposition of a sentence that is directly related to the proceedings that caused the incarceration, except that the time allowed as a c…

(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 no…

(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.

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 b…

(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 resu…

(1) A court, after having sentenced a person to confinement in a county jail, may, in its discretion, upon request of the county attorney and sheriff of the county and with the consent of the convicted person, order that any part of the imprisonment imposed be served in confineme…

The earnings of the prisoner must be collected by the sheriff. From those earnings, the sheriff shall pay the prisoner's board and personal expenses both inside and outside the jail and, to the extent directed by the court, pay the support of the prisoner's dependents, if any. An…

The court may by order authorize the sheriff of the sentencing county to arrange with a sheriff of any other county within the state of Montana to have the convicted person transferred to the other county where it appears the convicted person can continue the person's regular emp…

The committing court may, in its discretion, upon request of the county attorney and sheriff of such county, reduce the sentence of the prisoner up to one-fourth of the full term if, in the opinion of the court, the prisoner's conduct, diligence, and general attitude merit such d…

In cases in which the convicted person violates the conditions of a sentence, the person must be returned to the court. The court may then require that the balance of the person's sentence be spent in full confinement, and further, the court may cancel any diminution of sentence …

(1) Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilit…

(1) The chief justice of the supreme court of Montana shall appoint three district court judges to act as a review division of the supreme court and shall designate one of the judges to act as presiding officer of the review division. The clerk of the Montana supreme court shall …

A judge may not sit or act on a review of a sentence that was imposed by the judge. In any case in which review of a sentence imposed by any of the judges serving on the review division is to be acted on by the division or if any member is unavailable to serve, the chief justice …

(1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have …

(1) In each case in which an application for review is filed in accordance with 46-18-903, the review division: (a) (i) shall review the judgment as it relates to the sentence imposed and any other sentence imposed on the person at the same time; and (ii) may order a different se…

(1) The decision of the review division in each case is final, and the reasons for the decision must be stated in the decision. The original of each decision must be sent to the clerk of the court for the county in which the judgment was rendered, and a copy must be sent to the j…