Mont. Code Ann. § 46-12-212

Determining accuracy of plea

(1) The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.

(2) A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant's best interest and the court determines that there is a factual basis for the plea.

History:
En. Sec. 135, Ch. 800, L. 1991
Amd. Sec. 11, Ch. 395, L. 1999 (HB 209 - Shockley, Jim (R) HD 61)