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

Mont. Code Ann. § 46-18-241

Condition Of Restitution -- Interest

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-241 Condition of restitution -- interest

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Condition Of Restitution -- Interest

46-18-241. (Temporary) Condition of restitution -- interest. (1) As provided in 46-18-201 and 46-18-240, a sentencing court shall, as part of the sentence, require an offender to make full restitution to any victim who has sustained pecuniary loss, including a person suffering an economic loss. Full restitution includes the interest required by subsection (4). The duty to pay full restitution under the sentence remains with the offender or the offender's estate until full restitution is paid, whether or not the offender is under state supervision. If the offender is under state supervision, payment of restitution is a condition of any probation or parole.

(2) (a) The offender shall pay the cost of supervising the payment of restitution, as provided in 46-18-245, by paying an amount equal to 10% of the amount of restitution ordered, but not less than $5.

(b) A felony offender shall pay the restitution and cost of supervising the payment of restitution to the department of corrections until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The department shall pay the restitution to the person or entity to whom the court ordered restitution to be paid, except that if a victim has been compensated under Title 53, chapter 9, part 1, the restitution must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113. The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the period following state supervision or state custody of the offender. The department shall adopt rules to implement this subsection (2)(b).

(c) In a misdemeanor case, payment of restitution and of the cost of supervising the payment of restitution must be made to the court until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The court shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245, which shall disburse the restitution to the person or entity to whom the court ordered restitution to be paid, except that if a victim has been compensated under Title 53, chapter 9, part 1, the restitution must be paid to the crime victims compensation and assistance program in the department of justice for deposit in the account provided for in 53-9-113.

(3) If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.

(4) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on restitution ordered under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601, 25-30-102, or 46-17-303. (Terminates June 30, 2027--secs. 1, 2, 3, Ch. 139, L. 2021.)

46-18-241. (Effective July 1, 2027) Condition of restitution -- interest. (1) As provided in 46-18-201 and 46-18-240, a sentencing court shall, as part of the sentence, require an offender to make full restitution to any victim who has sustained a pecuniary loss, including a person suffering an economic loss. Full restitution includes the interest required by subsection (4). The duty to pay full restitution under the sentence remains with the offender or the offender's estate until full restitution is paid, whether or not the offender is under state supervision. If the offender is under state supervision, payment of restitution is a condition of any probation or parole.

(2) (a) The offender shall pay the cost of supervising the payment of restitution, as provided in 46-18-245, by paying an amount equal to 10% of the amount of restitution ordered, but not less than $5.

(b) A felony offender shall pay the restitution and cost of supervising the payment of restitution to the department of corrections until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The department shall pay the restitution to the person or entity to whom the court ordered restitution to be paid. The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the period following state supervision or state custody of the offender. The department shall adopt rules to implement this subsection (2)(b).

(c) In a misdemeanor case, payment of restitution and of the cost of supervising the payment of restitution must be made to the court until the offender has fully paid the restitution and the cost of supervising the payment of restitution. The court shall disburse the money to the entity employing the person ordered to supervise restitution under 46-18-245, which shall disburse the restitution to the person or entity to whom the court ordered restitution to be paid.

(3) If at any time the court finds that, because of circumstances beyond the offender's control, the offender is not able to pay any restitution, the court may order the offender to perform community service during the time that the offender is unable to pay. The offender must be given a credit against restitution due at the rate of the hours of community service times the state minimum wage in effect at the time that the community service is performed.

(4) If an offender is out of compliance with court-mandated payments for 6 months or more, interest must accrue on restitution ordered under this section at a rate of 3%. The interest may not compound. Interest only begins to accrue when the judgment is placed for collection with a private person or entity as provided in 3-10-601, 25-30-102, or 46-17-303.

History: En. Sec. 1, Ch. 426, L. 1983; amd. Sec. 1, Ch. 490, L. 1989; amd. Sec. 13, Ch. 125, L. 1995; amd. Sec. 2, Ch. 310, L. 1995; amd. Sec. 2, Ch. 181, L. 1997; amd. Sec. 3, Ch. 272, L. 2003; amd. Sec. 1, Ch. 66, L. 2009; amd. Sec. 4, Ch. 374, L. 2009; amd. Sec. 3, Ch. 509, L. 2023; amd. Sec. 4, Ch. 509, L. 2025.

Notes of Decisions
Cited in 107 cases (13 in the last 5 years), 1989–2026 · leading case: State v. Brewer
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State v. Brewer (1999) mont · cites it 31× “¶10 Appellant argues that “pecuniary loss” as defined by § 46-18-243, MCA, covers only an amount equal to the figure by which she enriched herself at the expense of her victim.”
State v. Heath (2004) mont · cites it 7× “) This provision requires sentencing courts to require offenders to pay full restitution to “any victim,” and thus, would conflict with Heath’s assertion that restitution can be imposed only with deferred sentences.”
State v. Coluccio (2009) mont · cites it 12× “We conclude that awarding restitution for travel costs incurred by friends of a victim to lend moral support is outside of the statutory parameters of § 46-18-241, MCA, and § 46-18-243(1), (2), MCA.”
State v. Ariegwe (2007) mont · cites it 4× “3d 539 , we held that the "general mandate" of § 46-18-201(5), MCA, "is subject to the detailed procedures and qualifications found in §§ 46-18-241 to 249, MCA," and that district courts "are not authorized to impose a sentence of restitution until all these additional statutory…”
State v. Benoit (2002) mont · cites it 8× “However, a sentencing judge is not authorized to impose a sentence of restitution until the procedures stated in § 46-18-241, MCA (1997), through § 46-18-249, MCA (1997), are satisfied.”
State v. LaTray (2000) mont · cites it 13× “The plain language of this statute does not limit restitution to victims defined in terms of the offense for which the defendant was convicted or to losses arising directly from the defendant’s criminal conduct.”
State v. Muhammad (2002) mont · cites it 4× “Therefore, in avoidance of wasting judicial resources and pursuant to preserving judicial economy, and as we have determined that the restitution condition imposed in the District Court's June 7, 2000, Order is illegal, we vacate the condition without remanding the matter to the…”
State v. Thaut (2004) mont · cites it 13× “2d 1100, 1100-01 , superseded on other grounds by § 46-18-241, MCA, this Court held documentation of the defendant’s financial resources was insufficient to support the court’s restitution order where the PSI listed defendant’s current assets, but failed to assign a monetary…”
State v. Holt (2011) mont · cites it 6× “" Section 46-18-241(1), MCA (emphasis added).”
State v. McMaster (2008) mont · cites it 6× “Section 46-18-241, MCA; Breeding , ¶ 13 .”
State v. Good (2004) mont · cites it 6× “” Section 46-18-243(1), MCA, defines “pecuniary’ as: (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender’s…”
State v. R. Pierre (2020) mont · cites it 4× “” The court thus ordered that Pierre was jointly and severally liable with his unnamed and separately charged associates for the total undifferentiated amount of pecuniary loss ($43,294.”
Show all 107 citing cases →
— Mont. Code Ann. § 46-18-241(1) — 55 cases
State v. Heath (2004) mont “) This provision requires sentencing courts to require offenders to pay full restitution to “any victim,” and thus, would conflict with Heath’s assertion that restitution can be imposed only with deferred sentences.”
State v. LaTray (2000) mont “The plain language of this statute does not limit restitution to victims defined in terms of the offense for which the defendant was convicted or to losses arising directly from the defendant’s criminal conduct.”
State v. Holt (2011) mont “" Section 46-18-241(1), MCA (emphasis added).”
State v. Coluccio (2009) mont “We conclude that awarding restitution for travel costs incurred by friends of a victim to lend moral support is outside of the statutory parameters of § 46-18-241, MCA, and § 46-18-243(1), (2), MCA.”
State v. Benoit (2002) mont “However, a sentencing judge is not authorized to impose a sentence of restitution until the procedures stated in § 46-18-241, MCA (1997), through § 46-18-249, MCA (1997), are satisfied.”
— Mont. Code Ann. § 46-18-241(2)(a) — 4 cases
K. Erickson v. State (2018) mont
State v. A. Erickson (2024) mont
State v. Krause (2016) mont
State v. Powell (2025) mont
— Mont. Code Ann. § 46-18-241(2)(b) — 3 cases
State v. Brown (2008) mont
K. Erickson v. State (2018) mont
State v. Powell (2025) mont
— Mont. Code Ann. § 46-18-241(3) — 5 cases
State v. Thaut (2004) mont “2d 1100, 1100-01 , superseded on other grounds by § 46-18-241, MCA, this Court held documentation of the defendant’s financial resources was insufficient to support the court’s restitution order where the PSI listed defendant’s current assets, but failed to assign a monetary…”
State v. S. Lodahl (2021) mont
State v. Krause (2016) mont
State v. Bauch (2005) mont
State v. Powell (2025) mont
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