Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 2. Form of Sentence
Montana Code Annotated

Mont. Code Ann. § 46-18-232 (2026)

Payment Of Costs By Defendant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-232 Payment of costs by defendant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Payment Of Costs By Defendant

46-18-232. Payment of costs by defendant. (1) A court may require a convicted defendant in a felony or misdemeanor case to pay costs, as defined in 25-10-201, plus costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision as a part of the defendant's sentence. The costs, in addition to those allowable under 25-10-201, must be limited to expenses specifically incurred by the prosecution or other agency in connection with the proceedings against the defendant or $100 per felony case or $50 per misdemeanor case, whichever is greater.

(2) The court may not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose.

(3) A defendant who has been sentenced to pay costs and who is not in default in the payment may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs or modify the method of payment.

History: En. Sec. 2, Ch. 198, L. 1981; amd. Sec. 1754, Ch. 56, L. 2009; amd. Sec. 2, Ch. 180, L. 2009.

Notes of Decisions
Cited in 51 cases (12 in the last 5 years), 1982–2026 · leading case: State v. Moore, 2012 MT 95 (Mont. 2012).
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State v. Moore, 2012 MT 95 (Mont. 2012). · cites it 27× “We noted that the court could have imposed jury costs upon the defendant pursuant to § 46-18-232, MCA, after “a proper determination that [the defendant] ‘is or will be able to pay them.”
State v. B. Thompson, 2017 MT 107 (Mont. 2017). · cites it 14× “(§ 46-18-232, MCA). The PSI included also a financial profile of Thompson and his family that detailed their income, assets, and debts.”
State v. M. Reynolds, 2017 MT 317 (Mont. 2017). · cites it 11× “He argued, based on Reynolds’s social security income and financial resources, that it is unreasonable that Reynolds can be found to have the ability to pay this fee; that it is a hardship under § 46-18-232, MCA; and that it is a violation of Mr.”
State v. D. Ingram, 2020 MT 327 (Mont. 2020). · cites it 12× “or $100 per felony case[,] whichever is greater (§ 46-18-232, MCA) . . . TOTAL $100.00 . .”
State v. Weinberger, 665 P.2d 202 (Mont. 1983). · cites it 18× “Whether section 46-18-232, MCA, which allows imposition of trial costs against a convicted defendant, is unconstitutional; and 6.”
State v. Madplume, 2017 MT 40 (Mont. 2017). · cites it 5× “Due to the potential chilling effect a sentence to pay jury costs could have on a defendant’s constitutional right to request a jury trial, trial courts must “scrupulously and meticulously” determine the defendant’s ability to pay those costs.”
Montana v. Fertterer, 841 P.2d 467 (Mont. 1992). · cites it 16× “We conclude that the plain and unambiguous language of § 46-18-232, MCA, establishes that the District Court properly assessed all costs associated with jury service.”
State v. Stephenson, 2008 MT 64 (Mont. 2008). · cites it 6× “Section 46-18-232, MCA, provides authority for the court to require a convicted defendant in a felony or misdemeanor case to pay certain costs.”
State v. VanWinkle, 2008 MT 208 (Mont. 2008). · cites it 12× “" Moreover, § 46-18-232, MCA, provides that a sentencing court may require a convicted defendant to pay costs as defined in § 25-10-201, MCA.”
State v. N. Hardin, 2023 MT 132 (Mont. 2023). · cites it 8× “Section 46-18-232(1), MCA, allows a district court to require a defendant to pay the “costs of jury service, costs of prosecution, and the cost of pretrial .”
State v. R. Gibbons, 2024 MT 63 (Mont. 2024). · cites it 6× “” Section 46-18-232, MCA. “In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant, the future ability of the defendant to pay costs, and the nature of the burden that payment of costs will impose.”
State v. Hammer, 2013 MT 203 (Mont. 2013). · cites it 9× “Here, the Court imposed a supervision fee pursuant to §46-23-1031, MCA; a felony offense surcharge pursuant to §46-18-236(l)(b), MCA; a victim and witness advocate program surcharge pursuant to §46-18-236(l)(c), MCA; a court information technology fee pursuant to §3-1- 317, MCA;…”
Show all 51 citing cases →
— Mont. Code Ann. § 46-18-232(1) — 20 cases
State v. Moore, 2012 MT 95 (Mont. 2012). “We noted that the court could have imposed jury costs upon the defendant pursuant to § 46-18-232, MCA, after “a proper determination that [the defendant] ‘is or will be able to pay them.”
Montana v. Fertterer, 841 P.2d 467 (Mont. 1992). “We conclude that the plain and unambiguous language of § 46-18-232, MCA, establishes that the District Court properly assessed all costs associated with jury service.”
State v. D. Ingram, 2020 MT 327 (Mont. 2020). “or $100 per felony case[,] whichever is greater (§ 46-18-232, MCA) . . . TOTAL $100.00 . .”
State v. Madplume, 2017 MT 40 (Mont. 2017). “Due to the potential chilling effect a sentence to pay jury costs could have on a defendant’s constitutional right to request a jury trial, trial courts must “scrupulously and meticulously” determine the defendant’s ability to pay those costs.”
State v. Blackwell, 2001 MT 198 (Mont. 2001).
— Mont. Code Ann. § 46-18-232(2) — 20 cases
State v. Moore, 2012 MT 95 (Mont. 2012). “We noted that the court could have imposed jury costs upon the defendant pursuant to § 46-18-232, MCA, after “a proper determination that [the defendant] ‘is or will be able to pay them.”
State v. M. Reynolds, 2017 MT 317 (Mont. 2017). “He argued, based on Reynolds’s social security income and financial resources, that it is unreasonable that Reynolds can be found to have the ability to pay this fee; that it is a hardship under § 46-18-232, MCA; and that it is a violation of Mr.”
State v. Madplume, 2017 MT 40 (Mont. 2017). “Due to the potential chilling effect a sentence to pay jury costs could have on a defendant’s constitutional right to request a jury trial, trial courts must “scrupulously and meticulously” determine the defendant’s ability to pay those costs.”
State v. D. Ingram, 2020 MT 327 (Mont. 2020). “or $100 per felony case[,] whichever is greater (§ 46-18-232, MCA) . . . TOTAL $100.00 . .”
State v. Hammer, 2013 MT 203 (Mont. 2013). “Here, the Court imposed a supervision fee pursuant to §46-23-1031, MCA; a felony offense surcharge pursuant to §46-18-236(l)(b), MCA; a victim and witness advocate program surcharge pursuant to §46-18-236(l)(c), MCA; a court information technology fee pursuant to §3-1- 317, MCA;…”
— Mont. Code Ann. § 46-18-232(3) — 3 cases
State v. B. Thompson, 2017 MT 107 (Mont. 2017). “(§ 46-18-232, MCA). The PSI included also a financial profile of Thompson and his family that detailed their income, assets, and debts.”
State v. D. Dowd, 2023 MT 170 (Mont. 2023).
State v. Ferre, 2014 MT 157N (Mont. 2014).
— Mont. Code Ann. § 46-18-232(l) — 1 case
City of Hamilton v. Roche (Mont. 1996).
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