Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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 credit may not exceed the term of the prison sentence rendered.
(b) For the purposes of subsection (1)(a):
(i) credit must be given only when the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted;
(ii) an offender is not entitled to credit against multiple sentences for a single period of custody unless the sentences are imposed concurrently;
(iii) an offender is not entitled to credit in a new criminal matter if the offender is currently serving a custodial sentence on a prior offense;
(iv) incarceration directly related to a probation or parole hold only reduces the sentence that the person was serving while on probation or parole; and
(v) incarceration includes time spent in a correctional institution as defined in 45-2-101 and a secure residential treatment facility if residence is required by court order.
(2) An incarcerated person who does not supply bail and against whom a fine is levied may be allowed a credit for each day of incarceration prior to imposition of sentence, except that the amount allowed or credited may not exceed the amount of the fine. The daily rate of credit for incarceration must be established annually by the board of county commissioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rate is established.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-18-403. Credit for incarceration prior to sentencing - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-18-403/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)
Answer a few questions and get helpful next steps for your legal issue.