Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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35 Results
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 + See morecriminal 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.
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$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 + See morestate statute or who forfeits bond.
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$10 | All | Yes | Court | No |
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Montana | Mont. Code Ann. § 45-5-206(4)(a) | Partner or family member assault--penalty | An offender convicted of partner or family member assault is required to pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency. | Felony | Yes | Court | No | |
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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, + See morethe court shall require the offender, if able, to pay the victim's reasonable actual medical, housing, wage loss, and counseling costs.
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Felony | Yes | Court | No | |
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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 + See morethe court.
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Felony | Yes | Court | No | |
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Montana | Mont. Code Ann. § 45-5-212(3) | Assault on minor |
An offender convicted of an offense under subsection (2)(b) or (2)(c) shall pay for and complete a counseling assessment with a focus on violence, controlling behavior, dangerousness, and chemical dependency + See moreand complete all recommendations for counseling, referrals, attendance at psychoeducational groups, or treatment, including any indicated chemical dependency treatment, made by the counseling provider.
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Felony | Yes | Court | No | |
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Montana | Mont. Code Ann. § 45-5-213(2)(b) | Assault with weapon |
In addition to any sentence imposed under subsection (2)(a), if the person convicted of assault with a weapon is a partner or family member of the victim, as defined in + See more45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).
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Felony | Yes | Court | No | |
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Montana | Mont. Code Ann. § 45-5-220(3) | Stalking--exemption--penalty | A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense. | Felony | No | Court | No | |
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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, + See morethe 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
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Victim's reasonable costs of counseling
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Felony | Yes | Court | No |
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Montana | Mont. Code Ann. § 45-5-621(13) | Nonsupport |
The court may order that a term of imprisonment imposed under this section be served in another facility made available by the county and approved by the sentencing court. The + See moreoffender, if financially able, shall bear the expense of the imprisonment.
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Felony | No | Court | No | |
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Montana | Mont. Code Ann. § 45-8-211(3)(a) | Cruelty to animals |
In addition to the sentence provided in subsection (2), the court shall require the defendant to pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any + See moreanimal affected, including reasonable costs of care incurred by a public or private animal control agency or humane animal treatment shelter;
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Felony | Yes | Court | No | |
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Montana | Mont. Code Ann. § 45-8-211(3)(b) | Cruelty to animals |
In addition to the sentence provided in subsection (2), the court may require the defendant to pay all reasonable costs of necessary care of the affected animal that are incurred + See moreby a public or private animal control agency or humane animal treatment shelter
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Felony | No | Court | No | |
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Montana | Mont. Code Ann. § 45-9-102(5)(c)(ii) | Criminal possession of dangerous drugs |
The court shall, as conditions of probation pursuant to subsection (5)(a), order: (ii) payment of the costs of imprisonment, probation, and any methamphetamine treatment by the person if the person + See moreis financially able to pay those costs;
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Felony | Yes | Court | No | |
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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 + See morevalue of the drugs as determined by the court.
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Amount charged is 35% of fair market value of the possessed or stored drugs
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Felony | Yes | Court | No |
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Montana | Mont. Code Ann. § 46-1-1112(2) | Funding [for Drug Treatment Courts] |
A drug offender shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a drug offender may not exceed $300 a month. + See moreThe costs assessed must be compensatory and not punitive in nature and must take into account the drug offender's ability to pay. Upon a showing of indigency, the drug treatment court may reduce or waive costs under this subsection (2). Any fees received by the court from an offender are not court costs, charges, or fines.
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$0 - $300
per month |
Misdemeanor | Yes | Court | No |
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Montana | Mont. Code Ann. § 46-1-1212(2) | Funding [for mental health treatment courts] |
A participant shall pay the total cost or a reasonable portion of the cost to participate. The cost paid by a participant may not exceed $300 a month. The costs + See moreassessed must be compensatory and not punitive in nature and must take into account the participant's ability to pay. Upon a showing of indigency, the mental health treatment court may reduce or waive costs under this subsection. Any fees received by the court from a participant are not court costs, charges, or fines.
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$0 - $300
per month |
Misdemeanor | Yes | Court | No |
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Montana | Mont. Code Ann. § 46-8-113 | Payment by defendant for assigned counsel--costs to be filed with court |
(1) Subject to the provisions of subsections (2) and (3), as part of or as a condition of a sentence that is imposed under the provisions of this title, the + See morecourt shall determine whether a convicted defendant should pay the costs of counsel assigned to represent the defendant as follows: (a) If the defendant pleads guilty prior to trial: (i) to one or more misdemeanor charges and no felony charges, the cost of counsel is $250; or (ii) to one or more felony charges, the cost of counsel is $800. (b) If the case goes to trial, the defendant shall pay the costs incurred by the office of state public defender for providing the defendant with counsel in the criminal trial. The office of state public defender shall file with the court a statement of the hours spent on the case and the costs and expenses incurred for the trial. (2) Any costs imposed pursuant to this section must be paid in accordance with 46-18-251(2)(e). (3) In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs and shall inform the defendant that purposely false or misleading statements by the defendant may result in criminal charges against the defendant. (4) The court may not sentence a defendant to pay the costs for assigned counsel unless the defendant is or will be able to pay the costs imposed by subsection (1). The court may find that the defendant is able to pay only a portion of the costs assessed. 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. (5) A defendant who has been sentenced to pay costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.
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Misdemeanor | No | Court | No | |
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Montana | Mont. Code Ann. § 46-18-111 | Presentence Investigation--when required |
The court shall order a presentence investigation report unless the court makes a finding that a report is unnecessary. Unless the court makes that finding, a defendant convicted of any + See moreoffense not enumerated in subsection (1) that may result in incarceration for 1 year or more may not be sentenced before a written presentence investigation report by a probation and parole officer is presented to and considered by the district court. The district court may order a presentence investigation for a defendant convicted of a misdemeanor only if the defendant was convicted of a misdemeanor that the state originally charged as a sexual or violent offense as defined in 46-23-502. 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 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).
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$50 | All | Yes | Court | No |
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Montana | Mont. Code Ann. § 46-18-111 | Presentence Investigation--when required |
Upon the acceptance of a plea or upon a verdict or finding of guilty to one or more felony offenses, the district court shall direct the probation officer to make + See morea presentence investigation and report. The district court shall consider the presentence investigation report prior to sentencing. If the defendant was convicted of an offense under 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), 45-5-625, 45-5-627, 45-5-704, 45-5-705, or 45-8-218 or if the defendant was convicted under 46-23-507 and the offender was convicted of failure to register as a sexual offender pursuant to Title 46, chapter 23, part 5, the investigation must include a psychosexual evaluation of the defendant and a recommendation as to treatment of the defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs, unless the defendant was sentenced under 46-18-219. The evaluation must be completed by a sexual offender evaluator who is a member of the Montana sex offender treatment association or has comparable credentials acceptable to the department of labor and industry. The psychosexual evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9. The district court may order subsequent psychosexual evaluations at the request of the county attorney. The requestor of any subsequent psychosexual evaluations is responsible for the cost of the evaluation.
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All | Yes | Court | No | |
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Montana | Mont. Code Ann. § 46-18-111 | Presentence Investigation--when required |
If the defendant was convicted of an offense under 45-5-212(2)(b) or (2)(c), the investigation may include a mental health evaluation of the defendant and a recommendation as to treatment of + See morethe defendant in the least restrictive environment, considering the risk the defendant presents to the community and the defendant's needs. The evaluation must be completed by a qualified psychiatrist, licensed clinical psychologist, advanced practice registered nurse, or other professional with comparable credentials acceptable to the department of labor and industry. The mental health evaluation must be made available to the county attorney's office, the defense attorney, the probation and parole officer, and the sentencing judge. All costs related to the evaluation must be paid by the defendant. If the defendant is determined by the district court to be indigent, all costs related to the evaluation are the responsibility of the district court and must be paid by the county or the state, or both, under Title 3, chapter 5, part 9.
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All | Yes | Court | No |
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