Edition 2003 Other editions
Current Version 2025 2023 2021 2019 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned
1995 forward is searchable text. Earlier volumes are page scans.
173 46-18-201 77 46-18-202 154 46-18-203 10 46-18-204 4 46-18-205 1 46-18-211 46-18-212 1 46-18-213 3 46-18-219 1 46-18-220 21 46-18-221 32 46-18-222 5 46-18-223 46-18-224 16 46-18-225 33 46-18-231 42 46-18-232 1 46-18-233 5 46-18-234 2 46-18-235 24 46-18-236 3 46-18-237 51 46-18-241 30 46-18-242 59 46-18-243 27 46-18-244 2 46-18-245 21 46-18-246 5 46-18-247 1 46-18-248 8 46-18-249 2 46-18-250 3 46-18-251 7 46-18-255 1 46-18-256 46-18-261

Mont. Code Ann. § 46-18-244

(2003)

Type and time of payment -- defenses -- ensuring payment

(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 seeks compensation.

(3) 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 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.

(b) return of any property to the victim.

(4) With the consent of the victim and in the discretion of the court, an offender may be ordered to make restitution in services to the victim in lieu of money or to make restitution to a person designated by the victim, if that person provided services to the victim as a result of the offense.

(5) After a prosecution is commenced and upon petition of the prosecutor, the court may grant a restraining order or injunction, require a satisfactory bond, or take other action if the court finds that the restraining order or injunction, bond, or other action is necessary to preserve property or assets that could be used to satisfy an anticipated restitution order. A hearing must be held on the petition, and any person with an interest in the property is entitled to be heard.

(6) 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 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.

(7) 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, 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. The department of revenue may charge the department of corrections a fee to recover its costs of intercepting a tax refund. The fee may not exceed the amount charged a state agency for debt collection services under Title 17, chapter 4.

Opinions construing this section

27 opinions
2025 MT 218 Sep 30, 2025 Reversed
State v. Powell
Majority by Katherine M Bidegaray · 4 to 1 with 1 concurring
are to be allocated upon receipt by the DOC, the ordering court, or both. Accord Admin. R. M. 20.12.111 (2003) (DOC rules for disbursement of payments). ¶17 Section 46-18-244, MCA, governs the “type and time of payment[s].” While a felony offender is incarcerated, the DOC “shall take a percentage . . . of any money” in the offen
2025 MT 218 Sep 30, 2025 Reversed
State v. Powell
Concurring by James Jeremiah Shea · 4 to 1 with 1 concurring
and concrete answer would be the first time he failed to make a scheduled restitution payment in the amount determined by his probation officer as required by § 46-18-244(6), MCA, and Admin. R. M. 20.12.106(4) (2003). There’s the rub. ¶34 When restitution is ordered in a criminal case, “we routinely consider our precedent in the
2024 MT 172N Aug 6, 2024 Affirmed
State v. C. Davis
Majority by Mike McGrath · 5 to 0
stitution. China had the ability to assert any defense during sentencing that she could have raised in a civil action—including joint and several liability. Section 46-18-244(2), MCA; Workman, ¶ 19. The District Court’s sentence was objectionable, rather than illegal. We decline to review an unpreserved claim and put a district court in
2021 MT 284N Nov 2, 2021 Affirmed
State v. S. Haynal
Majority by Dirk M. Sandefur · 5 to 0
he court was otherwise mistaken. Pierre, ¶ 10 (citing State v. Spina, 1999 MT 113, ¶ 12, 294 Mont. 367, 982 P.2d 421). 6 Mont. 1, 107 P.3d 462). See also § 46-18-244(2), MCA. The State thus generally “has the burden of proving the requisite causal connection” between the offender’s criminal conduct and the asserted victim los
2021 MT 275 Oct 26, 2021 Affirmed
State v. J. Corriher
Dissenting by Laurie McKinnon · 4 to 1 with 2 concurring
sing financial obligations as a condition of sentence is not inconsistent with the requirement that “full restitution” be imposed. Section 46-18-241, MCA. Section 46-18-244 (2), MCA, provides that the court must determine the amount of restitution in a proceeding where the “offender may assert any defense that the offender could raise in
Official Annotations archive.org, 2003 edition
History:
En. Sec. 4, Ch. 426, L. 1983
Amd. Sec. 16, Ch. 125, L. 1995
Amd. Sec. 3, Ch. 181, L. 1997
Amd. Sec. 1, Ch. 284, L. 2001
Amd. Sec. 6, Ch. 272, L. 2003 (HB 220 - Laszloffy, Jeff (R) HD 22)