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

Mont. Code Ann. § 46-18-237 (2026)

Garnishment -- Report By Supervising Authority

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-237 Garnishment -- report by supervising authority

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Garnishment -- Report By Supervising Authority

46-18-237. Garnishment -- report by supervising authority. (1) If the department of corrections becomes aware that a person while incarcerated under the legal custody of the department of corrections or a person supervised by the department is entitled to receive money from any source, the person's supervising authority may prepare a report identifying:

(a) the total costs incurred by the state or county during the person's incarceration;

(b) the criminal sentences imposed upon the person, including:

(i) the amount of restitution, if any, ordered in each sentence;

(ii) the name and current address of each victim or other person to whom restitution is owed;

(iii) the amount of restitution paid by the person; and

(iv) the amount of restitution currently owed by the person for each sentence;

(c) the amount of any child support owed by the person.

(2) The supervising authority shall provide notice and a copy of the report to the office of victims services in the department of justice and the county attorney for the county in which the person was sentenced, either of whom may submit the report along with a petition for garnishment to the court that sentenced the person. The court may order garnishment of the person's money for the payment of restitution, child support, and per diem costs of incarceration owed by the person. Upon receipt of the petition, the court shall provide a copy of the report to the person, who has 15 days following receipt to file an objection. The court may hold a hearing to consider objections raised by the person.

(3) Upon compliance with the provisions of subsections (1) and (2), the court shall determine the amount of restitution, child support, and repayment for per diem costs owed by the person. The court shall order, up to the amount of money available, payment of an amount equal to the restitution owed by the person to the person designated under 46-18-245 to supervise the making of restitution payments, any outstanding child support payments to the department of public health and human services for disbursement to the obligee, and per diem costs owed by the person. All restitution owed by the person must be paid prior to payment of any child support payments. All child support owed by the person must be paid prior to the payment of any per diem costs.

History: En. Sec. 2, Ch. 475, L. 1997; amd. Sec. 2, Ch. 272, L. 2003.

Notes of Decisions
Cited in 5 cases, 2002–2014 · leading case: State v. Heath, 2004 MT 126, 90 P.3d 426.
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State v. Heath, 2004 MT 126, 90 P.3d 426. · cites it 5× “¶30 Section 46-18-237, MCA, authorizes garnishment of income received by an offender who is in the custody of the Department of Corrections for payment of the offender’s restitution obligation.”
State v. Brown, 2008 MT 115, 182 P.3d 75. · cites it 3× “See § 46-18-237, MCA. The latter mandates that for a felony offense, “during any period that the offender is incarcerated, the department of corrections shall take a percentage, as set by department rule, of any money in any account of the defendant administered by the…”
State v. Ferre, 2014 MT 96, 322 P.3d 1047. · cites it 2× “¶21 Furthermore, as we noted in Brown , DOC is authorized to garnish Ferre’s prison wages under §§ 46-18-237, MCA, and 46-18-244(6)(a), MCA (2003).”
Johnson v. State, 2002 MT 253N. · cites it 12× “¶28 Johnson relies on § 46-18-237, MCA, which provides that if the DOC becomes aware that an inmate is entitled to receive money from “any source,” the inmate’s supervising authority may follow the outlined procedure in order to garnish that money and apply it to the inmate’s…”
State v. Charles McFarlane, 2008 MT 120N. “In response, the State, relying on §§ 46-18-237, -241, -244(6)(a), and -249, MCA, argues that McFarlane’s restitution obligation still exists and that the DOC has authority to garnish his prison wages for the purpose of paying down that obligation.”
Mont. Code Ann. § 46-18-237(3): 1 case
Johnson v. State, 2002 MT 253N. “¶28 Johnson relies on § 46-18-237, MCA, which provides that if the DOC becomes aware that an inmate is entitled to receive money from “any source,” the inmate’s supervising authority may follow the outlined procedure in order to garnish that money and apply it to the inmate’s…”
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