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

Mont. Code Ann. § 46-18-242 (2026)

Investigation And Report Of Victim's Loss

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-242 Investigation and report of victim's loss

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Investigation And Report Of Victim's Loss

46-18-242. Investigation and report of victim's loss. (1) (a) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111:

(i) a list of the offender's assets; and

(ii) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.

(b) If the court does not order the probation officer, restitution officer, or other designated person to include information about a victim's pecuniary loss or loss of property in a presentence investigation, nothing precludes the victim from providing that information to the probation officer, restitution officer, or other designated person making the presentence investigation and report.

(2) When a presentence report is not requested, the court shall accept evidence of the victim's loss at the time of sentencing.

History: En. Sec. 2, Ch. 426, L. 1983; amd. Sec. 14, Ch. 125, L. 1995; amd. Sec. 3, Ch. 118, L. 2001; amd. Sec. 4, Ch. 272, L. 2003; amd. Sec. 14, Ch. 456, L. 2019; amd. Sec. 7, Ch. 463, L. 2025.

Notes of Decisions
Cited in 57 cases (5 in the last 5 years), 1989–2026 · leading case: State v. McMaster, 2008 MT 268 (Mont. 2008).
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State v. McMaster, 2008 MT 268 (Mont. 2008). · cites it 56× “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Coluccio, 2009 MT 273 (Mont. 2009). · cites it 44× “¶ 54 Section 46-18-242, MCA, provides: (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the…”
State v. Muhammad, 2002 MT 47 (Mont. 2002). · cites it 22× “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. Ariegwe, 2007 MT 204 (Mont. 2007). · cites it 14× “" Section 46-18-242(1)(a), MCA, in turn, requires the probation officer, restitution officer, or other designated person to include "documentation of the offender's financial resources and future ability to pay restitution" in the presentence investigation report ("PSI").”
State v. Benoit, 2002 MT 166 (Mont. 2002). · cites it 26× “Secondly, Benoit contends that Monroe's restitution calculations were speculative, and therefore the District Court had no authority to impose restitution for amounts which Monroe could only speculate had occurred through acts of theft.”
State v. Flanagan, 2003 MT 123 (Mont. 2003). · cites it 30× “Section 46-18-242, MCA (1997), provides that, if the court believes the victim has sustained pecuniary loss, the court shall order that the presentence investigation report include documentation of both the offender's financial resources and future ability to pay restitution and…”
State v. Aragon, 2014 MT 89 (Mont. 2014). · cites it 14× “See Jent, ¶ 21 (concluding substantial evidence supported the restitution obligation when “the District Court considered [the victim’s affidavit of loss], as permitted by § 46-18-242, MCA[, and n]o evidence was presented that would dispute the accuracy or correctness of the…”
State v. J. Dodge, 2017 MT 318 (Mont. 2017). · cites it 30× “Dodge objected to the restitution recommendation, stating: The statute [§ 46-18-242, MCA,] says that -- that there should be an affidavit.”
State v. Pritchett, 2000 MT 261 (Mont. 2000). · cites it 15× “Section 46-18-242, MCA, provides; (1) Whenever the court believes that a victim of the offense may have sustained a pecuniary loss as a result of the offense or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other…”
State v. Schmidt, 2009 MT 450 (Mont. 2009). · cites it 14× “Schmidt did not claim that the restitution figure was unreasonable.”
State v. Heath, 2004 MT 126 (Mont. 2004). · cites it 7× “3d 796, ¶ 39 , we approved a PSI with similar information, under the same statutory requirements: § 46-18-242, MCA (1997), requires “documentation” of the resources and loss.”
State v. Workman, 2005 MT 22 (Mont. 2005). · cites it 13× “¶13 Section 46-18-242, MCA (2001), provided that: (1) Whenever the court believes that a victim of the offense may have sustained a pecuniary loss as a result of the offense or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution…”
Show all 57 citing cases →
Mont. Code Ann. § 46-18-242(1): 12 cases
State v. McMaster, 2008 MT 268 (Mont. 2008). “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Coluccio, 2009 MT 273 (Mont. 2009). “¶ 54 Section 46-18-242, MCA, provides: (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the…”
State v. Dunkerson, 2003 MT 234 (Mont. 2003).
State v. Pritchett, 2000 MT 261 (Mont. 2000). “Section 46-18-242, MCA, provides; (1) Whenever the court believes that a victim of the offense may have sustained a pecuniary loss as a result of the offense or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other…”
State v. Muhammad, 2002 MT 47 (Mont. 2002). “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…”
Mont. Code Ann. § 46-18-242(1)(a): 5 cases
State v. Ariegwe, 2007 MT 204 (Mont. 2007). “" Section 46-18-242(1)(a), MCA, in turn, requires the probation officer, restitution officer, or other designated person to include "documentation of the offender's financial resources and future ability to pay restitution" in the presentence investigation report ("PSI").”
State v. Flanagan, 2003 MT 123 (Mont. 2003). “Section 46-18-242, MCA (1997), provides that, if the court believes the victim has sustained pecuniary loss, the court shall order that the presentence investigation report include documentation of both the offender's financial resources and future ability to pay restitution and…”
State v. McMaster, 2008 MT 268 (Mont. 2008). “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Thaut, 2004 MT 359 (Mont. 2004).
State v. Workman, 2005 MT 22 (Mont. 2005). “¶13 Section 46-18-242, MCA (2001), provided that: (1) Whenever the court believes that a victim of the offense may have sustained a pecuniary loss as a result of the offense or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution…”
Mont. Code Ann. § 46-18-242(1)(b): 8 cases
State v. Coluccio, 2009 MT 273 (Mont. 2009). “¶ 54 Section 46-18-242, MCA, provides: (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the…”
State v. McMaster, 2008 MT 268 (Mont. 2008). “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “Schmidt did not claim that the restitution figure was unreasonable.”
State v. Johnson, 2011 MT 116 (Mont. 2011).
State v. Schaeffer, 2014 MT 47 (Mont. 2014).
Mont. Code Ann. § 46-18-242(2): 7 cases
State v. Ariegwe, 2007 MT 204 (Mont. 2007). “" Section 46-18-242(1)(a), MCA, in turn, requires the probation officer, restitution officer, or other designated person to include "documentation of the offender's financial resources and future ability to pay restitution" in the presentence investigation report ("PSI").”
State v. McMaster, 2008 MT 268 (Mont. 2008). “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Coluccio, 2009 MT 273 (Mont. 2009). “¶ 54 Section 46-18-242, MCA, provides: (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the…”
State v. McClelland, 2015 MT 281 (Mont. 2015).
State v. J. Dodge, 2017 MT 318 (Mont. 2017). “Dodge objected to the restitution recommendation, stating: The statute [§ 46-18-242, MCA,] says that -- that there should be an affidavit.”
Mont. Code Ann. § 46-18-242(b): 1 case
State v. Johnson, 2011 MT 116 (Mont. 2011).
Mont. Code Ann. § 46-18-242(l)(a): 9 cases
State v. Ariegwe, 2007 MT 204 (Mont. 2007). “" Section 46-18-242(1)(a), MCA, in turn, requires the probation officer, restitution officer, or other designated person to include "documentation of the offender's financial resources and future ability to pay restitution" in the presentence investigation report ("PSI").”
State v. Workman, 2005 MT 22 (Mont. 2005). “¶13 Section 46-18-242, MCA (2001), provided that: (1) Whenever the court believes that a victim of the offense may have sustained a pecuniary loss as a result of the offense or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution…”
State v. Flanagan, 2003 MT 123 (Mont. 2003). “Section 46-18-242, MCA (1997), provides that, if the court believes the victim has sustained pecuniary loss, the court shall order that the presentence investigation report include documentation of both the offender's financial resources and future ability to pay restitution and…”
Ellenburg v. Chase, 2004 MT 66 (Mont. 2004).
State v. Striplin, 2009 MT 76 (Mont. 2009).
Mont. Code Ann. § 46-18-242(l)(b): 7 cases
State v. Coluccio, 2009 MT 273 (Mont. 2009). “¶ 54 Section 46-18-242, MCA, provides: (1) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the…”
State v. Heath, 2004 MT 126 (Mont. 2004). “3d 796, ¶ 39 , we approved a PSI with similar information, under the same statutory requirements: § 46-18-242, MCA (1997), requires “documentation” of the resources and loss.”
State v. Hunt, 2009 MT 265 (Mont. 2009).
State v. McMaster, 2008 MT 268 (Mont. 2008). “An offender's future ability to pay restitution no longer remains a consideration under § 46-18-242, MCA. State v. Workman , 2005 MT 22, ¶ 15 , 326 Mont.”
State v. Schmidt, 2009 MT 450 (Mont. 2009). “Schmidt did not claim that the restitution figure was unreasonable.”
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