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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Montana Mont. Code Ann. § 3-1-317 User Surcharge for Court Information Technology--Exception
Except as provided in subsection (2), all courts of original jurisdiction shall impose: (a) on a defendant in criminal cases, a $10 user surcharge upon conviction for any conduct made
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criminal by state statute or upon forfeiture of bond or bail… (2) If a court determines that a defendant in a criminal case...is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section.
$10 All Yes Court No
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Montana Mont. Code Ann. § 3-1-318 Surcharges Upon Certain Criminal Convictions -- Exception
Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under
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state statute or who forfeits bond.
$10 All Yes Court No
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Montana Mont. Code Ann. § 3-1-511 Procedure -- Contempt Committed in Presence of Court
A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a
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term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
$0 - $500 All No Court No
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Montana Mont. Code Ann. § 3-1-520 Penalty to Compel Performance
When the sanction imposed for a contempt seeks to compel the contemnor to perform an act that is in the power of the contemnor to perform, the contemnor may be
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incarcerated, subjected to a fine in an amount not to exceed $500, or both, until the contemnor has performed the act.
$0 - $500 All No Court No
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-202
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All No Court No
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-203
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Montana Mont. Code Ann. § 13-35-207 Deceptive Election Practices
A person is guilty of false swearing, unsworn falsification, or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-202, 45-7-203, or 45-7-208, as applicable,
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whenever the person (1) falsely represents the person's name or other information required upon the person's registry card and causes registration with the card; (2) signs a registry card knowingly witnessing any false or misleading statement; (3) knowingly causes a false statement, certificate, or return of any kind to be signed; (4) falsely makes a declaration or certificate of nomination; (5) files or receives for filing a declaration or certificate of nomination knowing that all or part of the declaration or certificate is false; (6) forges or falsely makes the official endorsement of a ballot; (7) forges or counterfeits returns of an election purporting to have been held at a precinct, municipality, or ward where no election was in fact held; (8) knowingly substitutes forged or counterfeit returns of election in place of the true returns for a precinct, municipality, or ward where an election was held; (9) signs a name other than the person's own to a petition, signs more than once for the same ballot issue, or signs a petition while not being a qualified elector of the state; or (10) makes a false oath or affidavit where an oath or affidavit is required by law.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-208
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Montana Mont. Code Ann. § 13-35-203 Interference with Officials
A person who, in any manner, interferes with the officers holding an election or conducting a canvass so as to prevent the election or canvass from being fairly held and
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lawfully conducted is guilty of obstruction of a public servant and is punishable as provided in 45-7-302.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-302
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Montana Mont. Code Ann. § 13-35-204 Official Misconduct
A person charged with performance of any duty under the provisions of the election laws of this state is guilty of official misconduct and is punishable as provided in 45-7-401
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whenever the person: (1) knowingly neglects or refuses to perform that duty; or (2) knowingly or fraudulently acts, in the person's official capacity, in contravention or violation of the election laws.
$0 - $500

Penalty provided under Mont. Code Ann. § 45-7-401
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All No Court No
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Montana Mont. Code Ann. § 13-35-205 Tampering with Election Records and Information
A person is guilty of tampering with public records or information and is punishable as provided in 45-7-208 whenever the person: (1) suppresses any declaration or certificate of nomination that
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has been filed; (2) purposely causes a vote to be incorrectly recorded as to the candidate or ballot issue voted on; (3) in an election return, knowingly adds to or subtracts from the votes actually cast at the election; (4) changes any ballot after it has been completed by the elector; (5) adds a ballot to those legally polled at an election, either before or after the ballots have been counted, with the purpose of changing the result of the election; (6) causes a name to be placed on the registry lists other than in the manner provided by this title; or (7) changes a poll list or checklist.
$0 - $50000

Penalty provided under Mont. Code Ann. § 45-7-208
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All No Court No
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Montana Mont. Code Ann. § 45-5-205(4) Negligent vehicular assault--penalty
If a term of incarceration is imposed under subsection (2) or (3), the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and
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of restitution. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
Incarceration Misdemeanor, Felony No
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Montana Mont. Code Ann. § 46-18-244(3)(a) Type and time of payment--defenses--ensuring payment
In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation: (a) forfeiture and sale of
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the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender
Property liens All No
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Montana Mont. Code Ann. § 46-18-244(6) Type and time of payment--defenses--ensuring payment
For a felony offense: (a) during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in
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any account of the defendant administered by the department and use the money to satisfy any existing restitution obligation; (b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and (c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-18-244(7) Type and time of payment--defenses--ensuring payment
The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall,
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pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim.
Wage/bank account garnishment All Yes
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Montana Mont. Code Ann. § 46-8-115 Effect of Nonpayment
(1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the
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prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance. (2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt. (3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.
Incarceration Misdemeanor No
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Montana Mont. Code Ann. § 46-17-302(4) Procedure after trial--Justice's and city courts--Execution of Judgement
A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day's imprisonment for every
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$75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.
Incarceration All No
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Montana Mont. Code Ann. § 46-18-208 Termination of remaining portion of deferred or suspended sentence--petition
When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on
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the sentence…The court may grant the petition if it finds that...the defendant has paid all restitution and court-ordered financial obligations in full.
Incarceration All No
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Montana Mont. Code Ann. § 46-18-233 Fine or costs as condition on suspended or deferred sentence
(1) Whenever a defendant is sentenced to pay a fine or costs under 46-18-231 or 46-18-232 and the imposition or execution of the rest of the defendant's sentence is deferred
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or suspended, the court may make payment of the fine or costs a condition for probation. (2) A suspended or deferred sentence may not be revoked if the defendant defaults on the payment of the fine and the default is not attributable to an intentional refusal to obey the order of the court or a failure to make a good faith effort to make the payment.
Incarceration All No
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Montana Mont. Code Ann. § 46-18-237 Garnishment--report by supervising authority
(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
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entitled to receive money from any source, the person's supervising authority may prepare a report... (2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person. (3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.
Wage/bank account garnishment All No
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Montana Mont. Code Ann. § 46-18-201(3) Sentences that may be imposed
(a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may impose a
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sentence that may include: (i) a fine as provided by law for the offense; (ii) payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113... (b) A court may permit a part or all of a fine to be satisfied by a donation of food to a food bank program.
Community service All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Montana Mont. Code Ann. § 3-1-317(2) User surcharge for court information technology -- exception
If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the
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court may waive payment of the surcharge imposed by this section.
All Not provided for Not provided for Not provided for Not provided for No

Waive surcharge

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Montana Mont. Code Ann. § 3-1-318(2) Surcharges upon certain criminal convictions -- exception
A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a
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sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
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Financial inability to pay without substantial hardship in providing for personal or family necessities

Not provided for Burden on defendant to show inability to pay Not provided for No

Waive surcharge

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Montana Mont. Code Ann. § 45-6-101(2) Criminal Mischief
A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and
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amount of restitution after full consideration of the convicted person's ability to pay the restitution.
All Not provided for Before imposition of fine or fee Not provided for Not provided for No

Determine amount of restitution accordingly.

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Montana Mont. Code Ann. § 45-6-101(2) Criminal Mischief
Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered
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must be made prior to the release of state jurisdiction over the person convicted
All Not provided for At defendant's request at enforcement Burden on defendant to show inability to pay Not provided for No

Modify previous order specifying the amount and manner of restitution.

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Montana Mont. Code Ann. § 46-18-241(3) Condition of Restitution
 If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender
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to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.
All Not provided for Not provided for Not provided for Not provided for No

Community service payable against restitution owed in amount equal to the minimum wage for each hour worked.

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Montana Mont. Code Ann. § 45-5-206(5) Partner or Family Member Assault -- Penalty
In addition to any sentence imposed under subsections (3) and (4), after determining the financial resources and future ability of the offender to pay restitution as provided for in 46-18-242,
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the court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

No payment of fee

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Montana Mont. Code Ann. § 45-5-206(6) Partner or Family Member Assault -- Penalty
In addition to the requirements of subsection (5), if financially able, the offender must be ordered to pay for the costs of the offender's probation, if probation is ordered by
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the court.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

No payment of fee

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Montana Mont. Code Ann. § 45-5-503(5) Sexual intercourse without consent
In addition to any sentence imposed under subsection (2) or (3), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242, the
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court shall require the offender, if able, to pay the victim's reasonable medical and counseling costs that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Lower restitution amounts or alternative forms of restitution may be available

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Montana Mont. Code Ann. § 45-5-507(6) Incest
In addition to any sentence imposed under subsection (3), (4), or (5), after determining the financial resources and future ability of the offender to pay restitution as required by 46-18-242,
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the court shall require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense. The amount, method, and time of payment must be determined in the same manner as provided for in 46-18-244.
Felony Not provided for Before imposition of fine or fee Not provided for Not provided for Yes

Lower restitution amounts or alternative forms of restitution may be available

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Montana Mont. Code Ann. § 45-5-621(3) Nonsupport
If a defense to the charge of nonsupport is inability to pay, the person's inability must be the result of circumstances over which the person had no control. In determining
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ability to pay, after an allowance for the person's minimal subsistence needs, the support of a spouse, child, or other dependent has priority over any other obligations of the person.
Misdemeanor, Felony Not provided for Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

This is a defense in a nonpayment case

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Montana Mont. Code Ann. § 3-1-511 Procedure--contempt committed in presence of court
When a contempt is committed in the immediate view and presence of the court or judge at chambers and the contemptuous conduct requires immediate action in order to restore order,
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maintain the dignity or authority of the court, or prevent delay, it may be punished summarily. An order must be made reciting the facts that occurred in the judge's immediate view and presence and adjudging that the person proceeded against is guilty of a contempt and that the person must be punished as prescribed in the order. An order may not be issued unless the person proceeded against has been informed of the contempt and given an opportunity to defend or explain the person's conduct. A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.
Obligation to collect or record All courts
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Montana Mont. Code Ann. § 2-6-1003 Access to public information--safety and security exceptions--Montana historical society exception
A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities,
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and prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities.
Obligation to respond to public records requests All
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Montana Mont. Code Ann. § 2-6-1006 Public information requests--fees
(1) A person may request public information from a public agency. A public agency shall make the means of requesting public information accessible to all persons. (2) Upon receiving a request
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for public information, a public agency shall respond in a timely manner to the requesting person by: (a) making the public information maintained by the public agency available for inspection and copying by the requesting person; or (b) providing the requesting person with an estimate of the time it will take to fulfill the request if the public information cannot be readily identified and gathered and any fees that may be charged pursuant to subsection (3). (3) A public agency may charge a fee for fulfilling a public information request. Except where a fee is otherwise provided for by law, the fee may not exceed the actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner possible. The fee must be documented. The fee may include the time required to gather public information. The public agency may require the requesting person to pay the estimated fee prior to identifying and gathering the requested public information. (4) A public agency is not required to alter or customize public information to provide it in a form specified to meet the needs of the requesting person. (5) If a public agency agrees to a request to customize a records request response, the costs of the customization may be included in the fees charged by the agency. (6)(a) The secretary of state is authorized to charge fees under this section. The fees must be set and deposited in accordance with 2-15-405. The fees must be collected in advance. (b) The secretary of state may not charge a fee to a member of the legislature or public officer for any search relative to matters pertaining to the duties of the member's office or for a certified copy of any law or resolution passed by the legislature relative to the member's official duties.
Obligation to respond to public records requests All
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Montana Mont. Code Ann. § 2-6-1502 Protection of personal information--compliance--extensions
Each state agency that maintains the personal information of an individual shall develop procedures to protect the personal information while enabling the state agency to use the personal information as
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necessary for the performance of its duties under federal or state law. The procedures must include measures to: (a) eliminate the unnecessary use of personal information; (b) identify the person or state agency authorized to have access to personal information; (c) restrict access to personal information by unauthorized persons or state agencies; (d) identify circumstances in which redaction of personal information is appropriate; (e) dispose of documents that contain personal information in a manner consistent with other record retention requirements applicable to the state agency; (f) eliminate the unnecessary storage of personal information on portable devices; and (g) protect data containing personal information if that data is on a portable device.
Obligation to collect or record All
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Montana Mont. Code Ann. § 46-17-302(1) Execution of judgment The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted. Law enforcement
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Montana Mont. Code Ann. § 46-17-303(2) Deposit of fines--collection
(a) The court may contract with a private person or entity for the collection of any final judgment that requires a payment to the court. (b) In the event that a
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private person or entity is retained to collect a judgment, the court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name. (c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the court must be added to the judgment amount.
Private actors
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Montana Mont. Code Ann. § 46-17-402(2) Fees and fines--collection The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court. Private actors
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Montana Mont. Code Ann. § 3-10-601(4) Collection and disposition of fines, penalties, forfeitures, and fees
(a) The justice's court may contract with a private person or entity for the collection of any final judgment that requires a payment to the justice's court. (b) In the event
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that a private person or entity is retained to collect a judgment, the justice's court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute a suit or other lawful collection procedure and other postjudgment remedies in its own name. (c) The justice's court may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the justice's court must be added to the judgment amount.
Private actors
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Montana Mont. Code Ann. § 46-19-102(3) Execution of judgment
(a) The court may contract with a private person or entity for the collection of any fine portion of a judgment. (b) In the event that a private person or entity
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is retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's own name. (c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.
Private actors
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Montana Mont. Code Ann. § 17-4-103 Collection of claims by department
The department [of revenue] may examine the collection of money due an agency and institute suits: (i) in its name for official delinquencies in relation to the assessment, collection, and
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payment of the revenue; (ii) against persons who possess public money or property and fail to pay over or deliver the money or property; and (iii) against debtors of the agencies. The courts of the county where the seat of government is located have jurisdiction, without regard to the residence of the defendants, over the collection suits authorized by this section.
State/statewide agency
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Montana Mont. Code Ann. § 46-18-241 Condition of restitution
The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the
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period following state supervision or state custody of the offender.
Private actors
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Montana Mont. Code Ann. § 46-18-241 Condition of restitution
The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the
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period following state supervision or state custody of the offender.
State/statewide agency
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Montana Mont. Code Ann. § 23-2-507(1) Penalty
Violations of any section of this part, except 23-2-526(3), unless otherwise specified, are a misdemeanor and shall be punishable by a fine of not less than $15 or more than $500
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or by imprisonment for a term up to 6 months, or both. All fine and bond forfeitures, except those paid to a justice's court, must be transmitted to the department of revenue for deposit in the general fund.
State/statewide agency Justice's Court; Department of Revenue Misdemeanor
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Montana Mont. Code Ann. § 23-2-507(2) Penalty
(2)(a) The offender shall pay the cost of supervising the payment of restitution, as provided in 46-18-245, by paying an amount equal to 10% of the amount of restitution ordered, but
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not less than $5. (b) A felony offender shall pay the restitution and cost of supervising the payment of restitution to the department of corrections until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The department shall pay the restitution to the person or entity to whom the court ordered restitution to be paid. The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the period following state supervision or state custody of the offender. The department shall adopt rules to implement this subsection (2)(b).
State/statewide agency
The person or entity to whom restitution is owed; a government agency or private entity that has been contracted to collect the restitution payments and the cost of collecting the
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restitution payments.
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Montana Mont. Code Ann. § 23-2-507(2) Penalty
(2)(c) In a misdemeanor case, payment of restitution and of the cost of supervising the payment of restitution must be made to the court until the offender has fully paid
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the restitution and the cost of supervising the payment of restitution. The court shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245, which shall disburse the restitution to the person or entity to whom the court ordered restitution to be paid.
Private actors
The court shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245, which shall disburse the restitution to the person or entity to whom the
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court ordered restitution to be paid
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Montana Mont. Code Ann. § 23-2-807(2) Penalty-disposition All fines collected under this section must be transmitted to the department of revenue for deposit in the state general fund. State/statewide agency N/A Misdemeanor
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Montana Mont. Code Ann. § 45-5-637(5) Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age prohibited--unlawful attempt to purchase--penalties
The fines collected under subsections (2) and (4) must be deposited to the credit of the general fund of the local government that employs the arresting officer, or if the
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arresting officer is an officer of the highway patrol, the fines must be credited to the county general fund in the county in which the arrest was made.
Municipality/municipal agency County general fund Misdemeanor
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Montana Mont. Code Ann. § 45-6-341(3)(b) Money Laundering The sheriff of the county where forfeited property is located shall sell the property at auction. The proceeds of the sale must be deposited in the state general fund. State/statewide agency N/A Misdemeanor
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Montana Mont. Code Ann. § 45-9-130 Mandatory fine for possession and storage of dangerous drugs--disposition of proceeds
In addition to the punishments and fines set forth in this part, the court shall fine each person found to have possessed or stored dangerous drugs 35% of the market
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value of the drugs as determined by the court.
State/statewide agency N/A Felony
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Montana Mont. Code Ann. § 46-1-1112(1) Funding [of drug treatment courts]
There is a drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator. Any federal money received
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for funding drug treatment courts must be deposited in the drug treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the drug treatment court federal resources account.
Other Drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator Misdemeanor
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Montana Mont. Code Ann. § 46-1-1212(1) Funding [of mental health treatment courts]
There is a mental health treatment court federal resources account in the federal special revenue fund that is administered by the office of court administrator. Any federal money received for
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funding mental health treatment courts must be deposited in the mental health treatment court federal resources account and may be used only for purposes of this part. The money in the fund may not be transferred at the end of each year but must remain deposited to the credit of the mental health treatment court federal resources account.
Other Mental health treatment court federal resources account in the federal special revenue fund that is administered by the office of court administrator. Misdemeanor
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Montana Mont. Code Ann. § 46-18-111(3) Presentence investigation
The defendant shall pay to the department of corrections a $50 fee at the time that the report is completed, unless the court determines that the defendant is not able
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to pay the fee within a reasonable time. The fee may be retained by the department and used to finance contracts entered into under 53-1-203(5).
State/statewide agency Montana corporations to operate a day reporting program as an alternate sentencing option as provided in 46-18-201 and 46-18-225 and as a sanction option under 46-23-1015. All
Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Montana NA NA NA
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Montana Mont. Code Ann. § 3-1-101 The several courts of this state
The following are courts of justice of this state: (1) the court of impeachment, which is the senate; (2) the supreme court; (3) the district courts; (4) the municipal
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courts; (5) the justices' courts; (6) the city courts and such other courts of limited jurisdiction as the legislature may establish in any incorporated city or town.
Creation of the courts
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Montana MT Const Art. 7, § 2 Supreme court jurisdiction
The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such
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other writs as may be provided by law. It has general supervisory control over all other courts. It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation. Supreme court process shall extend to all parts of the state.
Jurisdiction of the courts
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Montana MT Const Art. 7, § 4 District court jurisdiction
The district court has original jurisdiction in all criminal cases amounting to felony and all civil matters and cases at law and in equity. It may issue all writs appropriate
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to its jurisdiction. It shall have the power of naturalization and such additional jurisdiction as may be delegated by the laws of the United States or the state of Montana. Its process shall extend to all parts of the state. The district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law. The legislature may provide for direct review by the district court of decisions of administrative agencies. Other courts may have jurisdiction of criminal cases not amounting to felony and such jurisdiction concurrent with that of the district court as may be provided by law.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-5-901 State assumption of district court expenses
(1) There is a state-funded district court program under the judicial branch. Under this program, the office of court administrator shall fund all district court costs, except as provided in
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subsection (3). These costs include but are not limited to the following: (a) salaries and benefits for: (i) district court judges; (ii) law clerks; (iii) court reporters, as provided in 3-5-601; (iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and (v) other employees of the district court; (b) in criminal cases: (i) fees for transcripts of proceedings, as provided in 3-5-604; (ii) witness fees and necessary expenses, as provided in 46-15-116; (iii) juror fees and necessary expenses; (iv) for a psychiatric examination under 46-14-202, the cost of the examination and other associated expenses, as provided in 46-14-202(4); and (v) for commitment under 46-14-221, the cost of transporting the defendant to the custody of the director of the department of public health and human services to be placed in an appropriate facility of the department of public health and human services and of transporting the defendant back for any proceedings, as provided in 46-14-221(5); (c) except as provided in 47-1-201(5), the district court expenses in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; (d) except as provided in 47-1-201(5), the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence: (i) transcript fees; (ii) witness fees; and (iii) expenses for psychiatric examinations; (e) except as provided in 47-1-201(5), the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody: (i) transcript fees; (ii) witness fees; (iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation; (iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and (v) expenses associated with court-ordered alternative dispute resolution; (f) except as provided in 47-1-201(5), costs of juror and witness fees and witness expenses before a grand jury; (g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a); (h) except as provided in 47-1-201(5), all district court expenses associated with civil jury trials if similar expenses were paid out of the district court fund or the county general fund in any previous year; (i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors; and (j) costs associated with the operation and maintenance of the youth court and youth court division operations pursuant to 41-5-111 and subsection (1)(a) of this section, except for those costs paid by other entities identified in Title 41, chapter 5. (2) If a cost is not paid directly by the office of court administrator, the county shall pay the cost and the office of court administrator shall reimburse the county within 30 days of receipt of a claim. (3) For the purposes of subsection (1), district court costs paid by the office of court administrator do not include: (a) costs for clerks of district court and employees and expenses of the offices of the clerks of district court; (b) costs of providing and maintaining district court office space; or (c) charges incurred against a county by virtue of any provision of Title 7 or 46. Credits
Creation of the courts
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Montana Mont. Code Ann. § 3-6-103; Mont. Code Ann. § 3-6-105; Jurisdiction
The municipal court has jurisdiction coordinate and coextensive with the justices' courts of the county where the city is located and has exclusive original jurisdiction of all civil and criminal
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actions and proceedings provided for in 3-11-103. Municipal courts have concurrent jurisdiction with the district court in actions arising under Title 70, chapters 24 through 27. Applications for search warrants and complaints charging the commission of a felony may be filed in municipal court. The municipal court judge has the same jurisdiction and responsibility as a justice of the peace, including holding preliminary hearings. The city attorney may initiate proceedings charging a felony if the offense was committed within the city limits, but the county attorney shall take charge of the action if an information is filed in district court.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-7-501 Jurisdiction
The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through
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the water division or water divisions that contain the judicial district wholly or partly. A water judge may not preside over matters concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights beyond the boundaries specified in 3-7-102 for the judge's division except as provided in 3-7-201. The water judge for each division shall exercise jurisdiction over all matters concerning cases certified to the court under 85-2-309 or concerning the determination and interpretation of existing water rights within the judge's division as specified in 3-7-102 that are considered filed in or transferred to a judicial district wholly or partly within the division. The determination and interpretation of existing water rights includes, without limitation, the adjudication of total or partial abandonment of existing water rights occurring at any time before the entry of the final decree.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-10-103; Mont. Code Ann. § 3-10-303 Criminal Jurisdiction
(1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows: (a) except as provided in subsection (2), jurisdiction
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of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both; (b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both; (c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both; (d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both; (e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings; (f) jurisdiction of all violations of Title 61, chapter 10; and (g) all misdemeanor violations of Title 81, chapter 8, part 2. (2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-11-102 Concurrent Jurisdiction
(1) The city court has concurrent jurisdiction with the justice's court of all misdemeanors and proceedings mentioned and provided for under chapter 10, part 3, of this title. (2) Applications for
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search warrants and complaints charging the commission of a felony may be filed in the city court. When they are filed, the city judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The city attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the city limits. The county attorney, however, must handle any action after a defendant is bound over to district court.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-11-103 Exclusive Jurisdiction
Except as provided in 3-11-104, the city court has exclusive jurisdiction of: (1) proceedings for the violation of an ordinance of the city or town, both civil and criminal; (2) when the
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amount of the taxes or assessments sought does not exceed $9,500, actions for the collection of taxes or assessments levied for any of the following purposes, except that no lien on the property taxed or assessed for the nonpayment of the taxes or assessments may be foreclosed in any such action: (a) city or town purposes; (b) the erection or improvement of public buildings; (c) the laying out, opening, or improving of a public street, sidewalk, alley, or bridge; (d) the acquisition or improvement of any public grounds; and (e) public improvements made or ordered by the city or town within its limits; (3) actions for the collection of money due to the city or town or from the city or town to any person when the amount sought, exclusive of interest and costs, does not exceed $9,500; (4) when the amount claimed, exclusive of costs, does not exceed $9,500, actions for: (a) the breach of an official bond given by a city or town officer; (b) the breach of any contract when the city or town is a party or is in any way interested; (c) damages when the city or town is a party or is in any way interested; (d) the enforcement of forfeited recognizances given to, for the benefit of, or on behalf of the city or town; and (e) collection on bonds given upon an appeal taken from the judgment of the court in any action mentioned in subsections (4)(a) through (4)(d); (5) actions for the recovery of personal property belonging to the city or town when the value of the property, exclusive of the damages for the taking or detention, does not exceed $9,500; and (6) actions for the collection of a license fee required by an ordinance of the city or town.
Jurisdiction of the courts
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Montana Mont. Code Ann. § 3-11-101 City court established--city court of record
A city court is established in each city or town. A city judge shall establish regular sessions of the court. On judicial days, the court must be open for all
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business, civil and criminal. On nonjudicial days, as defined in 3-1-302, the court may transact criminal business only.
Creation of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Montana State v. Morgan, 198 Mont. 391, 403 (1982)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
A court may not sentence a defendant to pay resitution unless the defendant is or will be able to pay it. A court shall take into account the financial
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resources of the defendant and the nature of the burden that payment of costs will impose. When petitioned by the defendant, if it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may modify restitution payments.
Unfortunately, the statutes do not set out standards to be applied on restitution awards similar to those on costs which are set out in section 46-18-232, MCA, as follows: “(2) The
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court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose. “(3) A defendant who has been sentenced to pay costs and who is not in default in the payment thereof may at any time petition the court that sentenced him for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.” We find the foregoing standards are reasonable standards for application to restitution payments. The District Court should apply the foregoing provisions to the present fact situation. In its findings the District Court should include sufficient facts to show compliance with the foregoing paragraphs.
Ability to pay
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Montana State v. Farrell, 207 Mont. 483, 492 (1984) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? A defendant cannot be required to pay fees for counsel without a meaningful inquiry into the defendant's financial status
The judgment cannot stand without a meaningful inquiry into the appellant's financial status and a subsequent finding of the record that he has sufficient resources to repay costs of legal
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counsel. See United States v. Bracewell (2d Cir.1978), 569 F.2d 1194, 1197–98. In conducting an inquiry and reaching a conclusion, the trial court “need not permit a full-fledged adversarial inquiry into the nature and amount of a defendant's assets; nor need he become involved in determining priorities to these assets. [However,] ... any defenses to payment asserted by a defendant ... should be fully considered.” Bracewell, supra, at 1200.
Ability to pay
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Montana State v. Farrell, 207 Mont. 483, 498-99 (1984) Other applicable caselaw An indigent defendant's sentence shall be evaluated under due process analysis; a prison sentence should not be imposed as a punishment for indigency
Thus, we assess the legality of an indigent defendant's sentence in light of fundamental fairness, implicitly recognizing the presumption in favor of individual liberty protected by the Due Process Clause.
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We think it arbitrary and unfair in this case to subject the appellant to the maximum sentence simply because of an apparently unsupported notion that he may not be able to **177 make good on the recoupment and restitution within ten years. Considering the lack of findings regarding appellant's financial resources and his ability to reimburse the proper authorities, we think the judgment of the trial court should be reconsidered. The record indicates that indigency may have been the criterion for imposing the sentence in this particular case, and we therefore view the sentence in this instance as a possible infringement upon fundamental fairness. Due process requires only that indigency or poverty not be used as the touchstone for imposing the maximum allowable punishment.
Enforcement
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Montana 49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805 Montana-Attorney General opinion What authority do county or municipal courts have to set fines or fees?
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be
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paid in installments.
If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters
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not related to the safety of the victim and the community, that the amount shall be “not oppressive,” and that the amount shall be “considerate of the financial ability of the accused.” Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
Ability to pay
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Montana 41 Mont. Op. Att'y Gen. No. 59 Montana-Attorney General opinion Other applicable opinions Cash bail for minor offenses may be increased to include applicable surcharges
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor
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offenses in a like amount.
Enforcement