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

Mont. Code Ann. § 46-18-113 (2026)

Availability Of Presentence Investigation Report

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 1
  5. 46-18-113 Availability of presentence investigation report

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 1. Policy and Preliminary Procedure

Availability Of Presentence Investigation Report

46-18-113. Availability of presentence investigation report. (1) All presentence investigation reports must be a part of the court record but may not be opened for public inspection. A copy of the presentence investigation report must be provided to the prosecution, the defendant and the defendant's attorney, the probation and parole officer, and the agency or institution to which the defendant is committed. The prosecutor may disclose the contents of the presentence report to a victim of the offense.

(2) The court having jurisdiction of the case may permit other access to the presentence investigation report as it considers necessary.

History: En. 95-2205 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2205; amd. Sec. 220, Ch. 800, L. 1991; amd. Sec. 8, Ch. 125, L. 1995; amd. Sec. 5, Ch. 189, L. 1997.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1979–2024 · leading case: State v. Redding, 675 P.2d 974 (Mont. 1984).
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State v. Redding, 675 P.2d 974 (Mont. 1984). · cites it 18× “Such policy is found in the language of section 46-18-113, MCA. That policy may be upheld by concealing identities, where necessary, as long as the defendant is informed of and given opportunity to rebut the facts elicited from such informants.”
State v. Flanagan, 2003 MT 123 (Mont. 2003). · cites it 10× “¶ 16 Because the presentence investigation report was already part of the District Court record in Flanagan's case, it was not required to be separately offered or admitted into evidence at the sentencing hearing.”
State v. Baker, 667 P.2d 416 (Mont. 1983). · cites it 18× “Section 46-18-113, MCA, in pertinent part states: "The judge may, in his discretion, make the investigative report or parts of it available to the defendants or others, while concealing the identity of persons who provided confidential information.”
State v. Radi, 604 P.2d 318 (Mont. 1979). · cites it 6× “As presentence reports are required by law to be sealed as well, section 46-18-113(3), MCA, the public dissemination of material is avoided.”
State v. Trangsrud, 651 P.2d 37 (Mont. 1982). · cites it 6× “1947, now codified as section 46-18-113, MCA, which states: "Availability of report to defendant and others.”
State v. Gilpin, 756 P.2d 445 (Mont. 1988). · cites it 3× “He claims that although he had the opportunity to cross-examine the witness, he had no opportunity to prepare. We note, however, that Mr.”
State v. Smith, 705 P.2d 1087 (Mont. 1985). · cites it 3× “” Section 46-18-113, MCA. We find that the presentence report is consistent with the purposes and rationale established by the legislature for requiring a presentence investigation.”
State v. Glick, 2009 MT 44 (Mont. 2009). · cites it 3× “” Section 46-18-113(1), MCA. In Pennsylvania v.”
State v. MacKie, 622 P.2d 673 (Mont. 1981). · cites it 3× “Section 46-18-113, MCA. We find no abuse of that discretion here.”
State v. Parker, 992 A.2d 1103 (Conn. 2010). “2009) (same); Mont. Code Ann. § 46-18-113 (1) (2007) (same); Nev.”
State v. Albers, 758 N.W.2d 411 (Neb. Ct. App. 2008). “1 (West 2006); Mont. Code Ann. § 46-18-113 (1) (2007); Nev.”
State v. R. Lamb, 2021 MT 302 (Mont. 2021). · cites it 2× “See § 46-18-113(2), MCA. 3 384 P.3d 92 . We review factual findings regarding the measure of restitution for clear error.”
Show all 19 citing cases →
— Mont. Code Ann. § 46-18-113(1) — 6 cases
State v. Gilpin, 756 P.2d 445 (Mont. 1988). “He claims that although he had the opportunity to cross-examine the witness, he had no opportunity to prepare. We note, however, that Mr.”
State v. Glick, 2009 MT 44 (Mont. 2009). “” Section 46-18-113(1), MCA. In Pennsylvania v.”
State v. Morrison, 2009 MT 397 (Mont. 2009).
S. Ellison v. 8th Jud. Dist. (Mont. 2024).
State v. J. Garcia (Mont. 2024).
— Mont. Code Ann. § 46-18-113(2) — 1 case
State v. R. Lamb, 2021 MT 302 (Mont. 2021). “See § 46-18-113(2), MCA. 3 384 P.3d 92 . We review factual findings regarding the measure of restitution for clear error.”
— Mont. Code Ann. § 46-18-113(3) — 2 cases
State v. Radi, 604 P.2d 318 (Mont. 1979). “As presentence reports are required by law to be sealed as well, section 46-18-113(3), MCA, the public dissemination of material is avoided.”
State v. A. McCurdy, 2024 MT 180 (Mont. 2024).
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