Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 1. Policy and Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 46-18-101 (2026)

Correctional And Sentencing Policy

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 1
  5. 46-18-101 Correctional and sentencing policy

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 1. Policy and Preliminary Procedure

Correctional And Sentencing Policy

46-18-101. Correctional and sentencing policy. (1) It is the purpose of this section to establish the correctional and sentencing policy of the state of Montana. Laws for the punishment of crime are drawn to implement the policy established by this section.

(2) The correctional and sentencing policy of the state of Montana is to:

(a) punish each offender commensurate with the nature and degree of harm caused by the offense and to hold an offender accountable;

(b) protect the public, reduce crime, and increase the public sense of safety by incarcerating violent offenders and serious repeat offenders;

(c) provide restitution, reparation, and restoration to the victim of the offense; and

(d) encourage and provide opportunities for the offender's self-improvement to provide rehabilitation and reintegration of offenders back into the community.

(3) To achieve the policy outlined in subsection (2), the state of Montana adopts the following principles:

(a) Sentencing and punishment must be certain, timely, consistent, and understandable.

(b) Sentences should be commensurate with the punishment imposed on other persons committing the same offenses.

(c) Sentencing practices must be neutral with respect to the offender's race, gender, religion, national origin, or social or economic status.

(d) Sentencing practices must permit judicial discretion to consider aggravating and mitigating circumstances.

(e) Sentencing practices must include punishing violent and serious repeat felony offenders with incarceration.

(f) Sentencing practices must provide alternatives to imprisonment for the punishment of those nonviolent felony offenders who do not have serious criminal records.

(g) Sentencing and correctional practices must emphasize that the offender is responsible for obeying the law and must hold the offender accountable for the offender's actions.

(h) Sentencing practices must emphasize restitution to the victim by the offender. A sentence must require an offender to pay restitution, costs as provided in 46-18-232, costs of assigned counsel, as provided in 46-8-113, and, if the offender is a sex offender, costs of any chemical treatment.

(i) Sentencing practices should promote and support practices, policies, and programs that focus on restorative justice principles.

History: En. 95-2201 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2201; amd. Sec. 1, Ch. 533, L. 1983; amd. Sec. 2, Ch. 794, L. 1991; amd. Sec. 64, Ch. 10, L. 1993; amd. Sec. 6, Ch. 125, L. 1995; amd. Sec. 211, Ch. 546, L. 1995; amd. Sec. 3, Ch. 189, L. 1997; amd. Sec. 1, Ch. 474, L. 1997; amd. Sec. 4, Ch. 581, L. 2001; amd. Sec. 51, Ch. 449, L. 2005; amd. Sec. 6, Ch. 463, L. 2025.

Notes of Decisions
Cited in 99 cases (22 in the last 5 years), 1980–2026 · leading case: State v. Hernandez, 2009 MT 341 (Mont. 2009).
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State v. Hernandez, 2009 MT 341 (Mont. 2009). · cites it 24× “Section 46-18-101, MCA. ¶ 14 A felony sentence necessarily involves consideration of a number of factors, most all of which are subjective.”
State v. English, 2006 MT 177 (Mont. 2006). · cites it 13× “Thus, he contends that, pursuant to § 46-18-101(0, MCA, he was entitled to have the District Court consider alternatives to imprisonment.”
State v. Johnson, 1998 MT 289 (Mont. 1998). · cites it 24× “Rather, Johnson argues that the death sentence in this case was imposed under the influence of passion, prejudice, and arbitrary factors because the District Court predicated its sentence upon Montana's correctional policy as set forth in § 46-18-101, MCA, and that that policy…”
State v. Gordon, 1999 MT 169 (Mont. 1999). · cites it 16× “¶43 Montana’s correctional and sentencing policy is set forth at some length in § 46-18-101, MCA. That policy includes such considerations as punishing each offender commensurate with the nature and degree of harm caused by the offense and protecting the public by incarcerating…”
State v. Kirkbride, 2008 MT 178 (Mont. 2008). · cites it 12× “Did the District Court err when it relied on a “need for retribution” as a factor in sentencing Kirkbride? Retribution is a component of punishment ¶11 Kirkbride correctly argued that retribution is not specifically among the sentencing policies articulated in § 46-18-101(2),…”
State v. Ferguson, 2005 MT 343 (Mont. 2005). · cites it 5× “Section 46-18-101(2)(a), MCA. ¶122 However, we do not view the time limitation of § 46-18-116(1), MCA, as a mere technicality which may be observed at leisure.”
State v. Morris, 2010 MT 259 (Mont. 2010). · cites it 12× “Section 46-18-101, MCA ¶16 Section 46-18-101, MCA, sets forth Montana’s correctional and sentencing policy. Specifically, § 46-18-101(3)(c), MCA, provides, “[sentencing practices must be neutral with respect to the offender’s race, gender, religion, national origin, or social or…”
State v. Legg, 2004 MT 26 (Mont. 2004). · cites it 6× “Does Legg's fifty-year sentence violate statutory sentencing policy? ¶ 52 Legg claims that his fifty-year sentence, which is one-half the maximum allowed under law, violates public policy that sentences should be commensurate with the punishment imposed on other persons…”
State v. Betterman, 2015 MT 39 (Mont. 2015). · cites it 5× “See § 46-18-101, MCA (sentencing policy is to “encourage and provide opportunities for the offender’s self-improvement to provide rehabilitation and reintegration of offenders back into the community”; to achieve this policy, sentencing is to be “certain, timely, consistent, and…”
State v. Robinson, 2009 MT 170 (Mont. 2009). · cites it 6× “Notwithstanding the provisions of § 46-18-101(3)(a), MCA, (sentence and punishment is to be imposed in a timely fashion) and § 46-18-102(3), MCA, (sentence must be pronounced and judgment rendered within a reasonable time), Robinson and the State agreed that sentence would not…”
State v. Brownback, 2010 MT 96 (Mont. 2010). · cites it 6× “¶27 The District Court required Brownback to pay restitution without considering his financial means.”
State v. Beach, 705 P.2d 94 (Mont. 1985). · cites it 6× “In either case, defendant argues that this is violative of Article II, section 28 of the Montana Constitution, which requires that "laws for the punishment of crime shall be founded on the principles of prevention and reformation"; and section 46-18-101, MCA, which provides that…”
Show all 99 citing cases →
— Mont. Code Ann. § 46-18-101(2) — 20 cases
State v. Kirkbride, 2008 MT 178 (Mont. 2008). “Did the District Court err when it relied on a “need for retribution” as a factor in sentencing Kirkbride? Retribution is a component of punishment ¶11 Kirkbride correctly argued that retribution is not specifically among the sentencing policies articulated in § 46-18-101(2),…”
State v. Himes, 2015 MT 91 (Mont. 2015).
State v. Krum, 2007 MT 229 (Mont. 2007).
State v. Rickman, 2008 MT 142 (Mont. 2008).
VanLuchene v. State, 797 P.2d 932 (Mont. 1990).
— Mont. Code Ann. § 46-18-101(2)(a) — 7 cases
State v. Ferguson, 2005 MT 343 (Mont. 2005). “Section 46-18-101(2)(a), MCA. ¶122 However, we do not view the time limitation of § 46-18-116(1), MCA, as a mere technicality which may be observed at leisure.”
State v. Gordon, 1999 MT 169 (Mont. 1999). “¶43 Montana’s correctional and sentencing policy is set forth at some length in § 46-18-101, MCA. That policy includes such considerations as punishing each offender commensurate with the nature and degree of harm caused by the offense and protecting the public by incarcerating…”
State v. Harley Howard, 2011 MT 246 (Mont. 2011).
State v. W. Smith, 2021 MT 148 (Mont. 2021).
State v. Habets, 2011 MT 275 (Mont. 2011).
— Mont. Code Ann. § 46-18-101(2)(b) — 6 cases
State v. Webb, 2005 MT 5 (Mont. 2005).
Prindel v. Ravalli Cnty., 2006 MT 62 (Mont. 2006).
State v. Habets, 2011 MT 275 (Mont. 2011).
State v. H. Vaska, 2025 MT 168 (Mont. 2025).
State v. H. Vaska, 2025 MT 168 (Mont. 2025).
— Mont. Code Ann. § 46-18-101(2)(c) — 3 cases
State v. Benn, 2012 MT 33 (Mont. 2012).
State v. Habets, 2011 MT 275 (Mont. 2011).
State v. Rickman, 2008 MT 142 (Mont. 2008).
— Mont. Code Ann. § 46-18-101(2)(d) — 4 cases
State v. Hernandez, 2009 MT 341 (Mont. 2009). “Section 46-18-101, MCA. ¶ 14 A felony sentence necessarily involves consideration of a number of factors, most all of which are subjective.”
State v. M. Tippets, 2022 MT 81 (Mont. 2022).
State v. J. Stinger, 2026 MT 46 (Mont. 2026).
State v. Welzel, 2025 MT 136 (Mont. 2025).
— Mont. Code Ann. § 46-18-101(2)(g) — 1 case
State v. J. Stinger, 2026 MT 46 (Mont. 2026).
— Mont. Code Ann. § 46-18-101(2)(h) — 1 case
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
— Mont. Code Ann. § 46-18-101(3) — 16 cases
State v. Hernandez, 2009 MT 341 (Mont. 2009). “Section 46-18-101, MCA. ¶ 14 A felony sentence necessarily involves consideration of a number of factors, most all of which are subjective.”
State v. Mason, 2003 MT 371 (Mont. 2003).
State v. Kirkbride, 2008 MT 178 (Mont. 2008). “Did the District Court err when it relied on a “need for retribution” as a factor in sentencing Kirkbride? Retribution is a component of punishment ¶11 Kirkbride correctly argued that retribution is not specifically among the sentencing policies articulated in § 46-18-101(2),…”
State v. Graves, 901 P.2d 549 (Mont. 1995).
State v. Johnson, 1998 MT 289 (Mont. 1998). “Rather, Johnson argues that the death sentence in this case was imposed under the influence of passion, prejudice, and arbitrary factors because the District Court predicated its sentence upon Montana's correctional policy as set forth in § 46-18-101, MCA, and that that policy…”
— Mont. Code Ann. § 46-18-101(3)(a) — 11 cases
State v. Robinson, 2009 MT 170 (Mont. 2009). “Notwithstanding the provisions of § 46-18-101(3)(a), MCA, (sentence and punishment is to be imposed in a timely fashion) and § 46-18-102(3), MCA, (sentence must be pronounced and judgment rendered within a reasonable time), Robinson and the State agreed that sentence would not…”
State v. Betterman, 2015 MT 39 (Mont. 2015). “See § 46-18-101, MCA (sentencing policy is to “encourage and provide opportunities for the offender’s self-improvement to provide rehabilitation and reintegration of offenders back into the community”; to achieve this policy, sentencing is to be “certain, timely, consistent, and…”
State v. Ferguson, 2005 MT 343 (Mont. 2005). “Section 46-18-101(2)(a), MCA. ¶122 However, we do not view the time limitation of § 46-18-116(1), MCA, as a mere technicality which may be observed at leisure.”
State v. E. Yeaton, 2021 MT 312 (Mont. 2021).
State v. V. Johnson, 2022 MT 216 (Mont. 2022).
— Mont. Code Ann. § 46-18-101(3)(b) — 5 cases
State v. Legg, 2004 MT 26 (Mont. 2004). “Does Legg's fifty-year sentence violate statutory sentencing policy? ¶ 52 Legg claims that his fifty-year sentence, which is one-half the maximum allowed under law, violates public policy that sentences should be commensurate with the punishment imposed on other persons…”
State v. English, 2006 MT 177 (Mont. 2006). “Thus, he contends that, pursuant to § 46-18-101(0, MCA, he was entitled to have the District Court consider alternatives to imprisonment.”
VanLuchene v. State, 797 P.2d 932 (Mont. 1990).
State v. Chandler, 922 P.2d 1164 (Mont. 1996).
State v. Francis, 286 Mont. 26 (Mont. 1997).
— Mont. Code Ann. § 46-18-101(3)(c) — 4 cases
State v. Morris, 2010 MT 259 (Mont. 2010). “Section 46-18-101, MCA ¶16 Section 46-18-101, MCA, sets forth Montana’s correctional and sentencing policy. Specifically, § 46-18-101(3)(c), MCA, provides, “[sentencing practices must be neutral with respect to the offender’s race, gender, religion, national origin, or social or…”
State v. Nolan, 2003 MT 13 (Mont. 2003).
State v. D. Demarie, 2025 MT 115 (Mont. 2025).
State v. Jakeb Smith, 2012 MT 7N (Mont. 2012).
— Mont. Code Ann. § 46-18-101(3)(d) — 9 cases
State v. Gordon, 1999 MT 169 (Mont. 1999). “¶43 Montana’s correctional and sentencing policy is set forth at some length in § 46-18-101, MCA. That policy includes such considerations as punishing each offender commensurate with the nature and degree of harm caused by the offense and protecting the public by incarcerating…”
State v. Kirkbride, 2008 MT 178 (Mont. 2008). “Did the District Court err when it relied on a “need for retribution” as a factor in sentencing Kirkbride? Retribution is a component of punishment ¶11 Kirkbride correctly argued that retribution is not specifically among the sentencing policies articulated in § 46-18-101(2),…”
State v. Habets, 2011 MT 275 (Mont. 2011).
State v. Rickman, 2008 MT 142 (Mont. 2008).
State v. S. Keefe, 2021 MT 8 (Mont. 2021).
— Mont. Code Ann. § 46-18-101(3)(e) — 1 case
State v. J. Kalina, 2025 MT 70 (Mont. 2025).
— Mont. Code Ann. § 46-18-101(3)(f) — 2 cases
State v. Kern, 2003 MT 77 (Mont. 2003).
State v. Renee, 1999 MT 135 (Mont. 1999).
— Mont. Code Ann. § 46-18-101(3)(h) — 2 cases
State v. Brownback, 2010 MT 96 (Mont. 2010). “¶27 The District Court required Brownback to pay restitution without considering his financial means.”
State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
— Mont. Code Ann. § 46-18-101(4) — 1 case
State v. Stevens, 904 P.2d 590 (Mont. 1995).
— Mont. Code Ann. § 46-18-101(f) — 1 case
State v. English, 2006 MT 177 (Mont. 2006). “Thus, he contends that, pursuant to § 46-18-101(0, MCA, he was entitled to have the District Court consider alternatives to imprisonment.”
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