Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 12. ARRAIGNMENT OF DEFENDANT · Part 2. Procedure on Arraignment
Montana Code Annotated

Mont. Code Ann. § 46-12-211 (2026)

Plea Agreement Procedure -- Use Of Two-Way Electronic Audio-Video Communication

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 12
  4. Part 2
  5. 46-12-211 Plea agreement procedure -- use of two-way electronic audio-video communication

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 12. ARRAIGNMENT OF DEFENDANT

Part 2. Procedure on Arraignment

Plea Agreement Procedure -- Use Of Two-Way Electronic Audio-Video Communication

46-12-211. Plea agreement procedure -- use of two-way electronic audio-video communication. (1) The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:

(a) move for dismissal of other charges;

(b) agree that a specific sentence is the appropriate disposition of the case; or

(c) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that the recommendation or request may not be binding upon the court.

(2) Subject to the provisions of subsection (5), if a plea agreement has been reached by the parties, the court shall, on the record, require a disclosure of the agreement in open court or, on a showing of good cause in camera, at the time that the plea is offered. If the agreement is of the type specified in subsection (1)(a) or (1)(b), the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider a presentence report, if requested by the court pursuant to 46-18-111. If the agreement is of the type specified in subsection (1)(c), the court shall advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw the plea.

(3) If the court accepts a plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.

(4) If the court rejects a plea agreement of the type specified in subsection (1)(a) or (1)(b), the court shall, on the record, inform the parties of this fact and advise the defendant that the court is not bound by the plea agreement, afford the defendant an opportunity to withdraw the plea, and advise the defendant that if the defendant persists in the guilty or nolo contendere plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.

(5) For purposes of this section, a disclosure of the agreement through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be a disclosure in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.

History: En. Sec. 134, Ch. 800, L. 1991; amd. Sec. 22, Ch. 262, L. 1993; amd. Sec. 1, Ch. 163, L. 1997; amd. Sec. 10, Ch. 395, L. 1999; amd. Sec. 2, Ch. 222, L. 2005; amd. Sec. 10, Ch. 456, L. 2019.

Notes of Decisions
Cited in 89 cases (24 in the last 5 years), 1993–2026 · leading case: State v. R. Collins, 2023 MT 78, 528 P.3d 1106.
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State v. R. Collins, 2023 MT 78, 528 P.3d 1106. · cites it 86× “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
State v. Stephenson, 2008 MT 64, 179 P.3d 502. · cites it 34× “And for whatever it's worth, since I'm not going to let you withdraw your guilty plea [pursuant to a prior motion to withdraw guilty plea not at issue here], I will follow the plea agreement you entered into.”
State v. Zunick, 2014 MT 239, 339 P.3d 1228. · cites it 58× “Additionally, while acknowledging that a “better record” could have been made memorializing Zunick’s acceptance of the sentence, the court concluded that a “fair reading of sentencing proceedings, giving precedence to substance over form, leads to an inescapable conclusion that…”
State v. Langley, 2016 MT 67, 369 P.3d 1005. · cites it 59× “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. · cites it 35× “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
State v. Petersen, 2011 MT 22, 247 P.3d 731. · cites it 8× “In August 2009, Petersen moved this Court to stay appellate proceedings and remand to allow him to file a motion to withdraw his guilty plea in accordance with § 46-12-211(4), MCA. We granted the motion, stating that if the District Court denied Petersen’s motion, the District…”
State v. West, 2008 MT 338, 194 P.3d 683. · cites it 4× “West and the State ultimately entered into a plea agreement under § 46-12-211(1)(b), MCA (1999). West pleaded guilty to burglary and criminal mischief, the State dismissed the other two charges, and the District Court accepted the plea agreement.”
State v. Rose, 2017 MT 289, 406 P.3d 443. · cites it 9× “Ravalli County Attorney George Corn (Corn) sent Sather a letter on May 21, 2003, setting forth a proposed plea which contemplated dismissing the aggravated kidnapping charge and the assault on a peace officer charge if Rose entered into a non-binding plea agreement, under §…”
State v. Johnson, 2011 MT 286, 265 P.3d 638. · cites it 4× “1 Under §46-12-211 (2), if the plea agreement is a nonbinding agreement, ‘the court shall advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw the plea.”
State v. Humphrey, 2008 MT 328, 194 P.3d 643. · cites it 4× “” See § 46-12-211(2), MCA. Humphrey responded, “Yes, sir, I do understand that.”
State v. Warner, 2015 MT 230, 354 P.3d 620. · cites it 8× “In accordance with § 46-12-211(2), MCA, if the court did not follow the sentencing recommendation of either party, Warner would not be entitled to withdraw his plea.”
State v. Christopher Lewis, 2012 MT 157, 282 P.3d 679. · cites it 4× “On January 18, 2011, the parties entered an “appropriate plea” agreement, pursuant to § 46-12-211(1)(b), MCA, wherein Lewis agreed to plead either guilty or no contest to the aggravated assault charge in exchange for the State’s dismissal of the charge of assault on a minor.”
Show all 89 citing cases →
Mont. Code Ann. § 46-12-211(1): 6 cases
State v. Munoz, 2001 MT 85, 23 P.3d 922.
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Rambold, 2014 MT 116, 325 P.3d 686.
State v. D. Pein, 2025 MT 258.
Mont. Code Ann. § 46-12-211(1)(a): 10 cases
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
State v. R. Brady, 2025 MT 105, 569 P.3d 195.
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. K. Denny, 2025 MT 62, 566 P.3d 503.
Mont. Code Ann. § 46-12-211(1)(b): 30 cases
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
State v. Stephenson, 2008 MT 64, 179 P.3d 502. “And for whatever it's worth, since I'm not going to let you withdraw your guilty plea [pursuant to a prior motion to withdraw guilty plea not at issue here], I will follow the plea agreement you entered into.”
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Zunick, 2014 MT 239, 339 P.3d 1228. “Additionally, while acknowledging that a “better record” could have been made memorializing Zunick’s acceptance of the sentence, the court concluded that a “fair reading of sentencing proceedings, giving precedence to substance over form, leads to an inescapable conclusion that…”
State v. West, 2008 MT 338, 194 P.3d 683. “West and the State ultimately entered into a plea agreement under § 46-12-211(1)(b), MCA (1999). West pleaded guilty to burglary and criminal mischief, the State dismissed the other two charges, and the District Court accepted the plea agreement.”
Mont. Code Ann. § 46-12-211(1)(c): 25 cases
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Deserly, 2008 MT 242, 188 P.3d 1057.
State v. Rose, 2017 MT 289, 406 P.3d 443. “Ravalli County Attorney George Corn (Corn) sent Sather a letter on May 21, 2003, setting forth a proposed plea which contemplated dismissing the aggravated kidnapping charge and the assault on a peace officer charge if Rose entered into a non-binding plea agreement, under §…”
State v. J. Langley, 2016 MT 67, 383 Mont. 39.
Mont. Code Ann. § 46-12-211(2): 18 cases
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
State v. Stephenson, 2008 MT 64, 179 P.3d 502. “And for whatever it's worth, since I'm not going to let you withdraw your guilty plea [pursuant to a prior motion to withdraw guilty plea not at issue here], I will follow the plea agreement you entered into.”
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
State v. Humphrey, 2008 MT 328, 194 P.3d 643. “” See § 46-12-211(2), MCA. Humphrey responded, “Yes, sir, I do understand that.”
Mont. Code Ann. § 46-12-211(3): 2 cases
State v. Stephenson, 2008 MT 64, 179 P.3d 502. “And for whatever it's worth, since I'm not going to let you withdraw your guilty plea [pursuant to a prior motion to withdraw guilty plea not at issue here], I will follow the plea agreement you entered into.”
State v. Larson, 878 P.2d 886 (Mont. 1994).
Mont. Code Ann. § 46-12-211(4): 26 cases
State v. Zunick, 2014 MT 239, 339 P.3d 1228. “Additionally, while acknowledging that a “better record” could have been made memorializing Zunick’s acceptance of the sentence, the court concluded that a “fair reading of sentencing proceedings, giving precedence to substance over form, leads to an inescapable conclusion that…”
State v. Stephenson, 2008 MT 64, 179 P.3d 502. “And for whatever it's worth, since I'm not going to let you withdraw your guilty plea [pursuant to a prior motion to withdraw guilty plea not at issue here], I will follow the plea agreement you entered into.”
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
State v. Rose, 2017 MT 289, 406 P.3d 443. “Ravalli County Attorney George Corn (Corn) sent Sather a letter on May 21, 2003, setting forth a proposed plea which contemplated dismissing the aggravated kidnapping charge and the assault on a peace officer charge if Rose entered into a non-binding plea agreement, under §…”
State v. R. Collins, 2023 MT 78, 528 P.3d 1106. “8 from the plea agreement sentencing recommendation based on its own independent conclusions regarding the adequacy of the proposed probationary sentence(s) in light of governing statutory sentencing policies, the underlying circumstances of the offenses as described by Collins…”
Mont. Code Ann. § 46-12-211(c): 1 case
State v. Humphrey, 2008 MT 328, 194 P.3d 643. “” See § 46-12-211(2), MCA. Humphrey responded, “Yes, sir, I do understand that.”
Mont. Code Ann. § 46-12-211(l): 1 case
State v. Anderson, No. 94-609 (Mont. July 18, 1995).
Mont. Code Ann. § 46-12-211(l)(a): 1 case
State v. Shannon Bullplume, 2009 MT 145, 208 P.3d 378. “ary waiver of his statutory right to stand on the plea he entered under the plea agreement? ¶22 Section 46-12-211(1), MCA, provides that the State can agree in a plea agreement to do any of the following: (a) move for dismissal of other charges; (b) agree that a specific…”
Mont. Code Ann. § 46-12-211(l)(b): 13 cases
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Petersen, 2011 MT 22, 247 P.3d 731. “In August 2009, Petersen moved this Court to stay appellate proceedings and remand to allow him to file a motion to withdraw his guilty plea in accordance with § 46-12-211(4), MCA. We granted the motion, stating that if the District Court denied Petersen’s motion, the District…”
State v. Zunick, 2014 MT 239, 339 P.3d 1228. “Additionally, while acknowledging that a “better record” could have been made memorializing Zunick’s acceptance of the sentence, the court concluded that a “fair reading of sentencing proceedings, giving precedence to substance over form, leads to an inescapable conclusion that…”
State v. West, 2008 MT 338, 194 P.3d 683. “West and the State ultimately entered into a plea agreement under § 46-12-211(1)(b), MCA (1999). West pleaded guilty to burglary and criminal mischief, the State dismissed the other two charges, and the District Court accepted the plea agreement.”
State v. Christopher Lewis, 2012 MT 157, 282 P.3d 679. “On January 18, 2011, the parties entered an “appropriate plea” agreement, pursuant to § 46-12-211(1)(b), MCA, wherein Lewis agreed to plead either guilty or no contest to the aggravated assault charge in exchange for the State’s dismissal of the charge of assault on a minor.”
Mont. Code Ann. § 46-12-211(l)(c): 6 cases
State v. Langley, 2016 MT 67, 369 P.3d 1005. “” The court concluded that it “fully complied with the statutory pleas [sic] agreement procedure set forth in Section 46-12-211, MCA,” because the court “discussed the fact that it was not bound by the plea agreement” and “specifically inquired whether, despite the fact that…”
State v. Warner, 2015 MT 230, 354 P.3d 620. “In accordance with § 46-12-211(2), MCA, if the court did not follow the sentencing recommendation of either party, Warner would not be entitled to withdraw his plea.”
State v. Breeding, 2008 MT 162, 184 P.3d 313.
State v. Burns, 2012 MT 97, 278 P.3d 452.
State v. Happel, 2010 MT 200, 240 P.3d 1016.
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