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

Mont. Code Ann. § 46-18-244 (2026)

Type And Time Of Payment -- Defenses -- Ensuring Payment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-244 Type and time of payment -- defenses -- ensuring payment

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Type And Time Of Payment -- Defenses -- Ensuring Payment

46-18-244. Type and time of payment -- defenses -- ensuring payment. (1) The court shall specify the total amount of restitution that the offender shall pay.

(2) In the proceeding for the determination of the amount of restitution, the offender may assert any defense that the offender could raise in a civil action for the loss for which the victim seeks compensation.

(3) In addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender's restitution obligation:

(a) forfeiture and sale of the offender's assets under the provisions of Title 25, chapter 13, part 7, unless the court finds, after notice and an opportunity for the offender to be heard, that the assets are reasonably necessary for the offender to sustain a living or support the offender's dependents or unless the state determines that the cost of forfeiture and sale would outweigh the amount available to the victim after sale. If the proceeds of sale exceed the amount of restitution ordered and the costs of forfeiture and sale, any remaining amount must be returned to the offender.

(b) return of any property to the victim.

(4) With the consent of the victim and in the discretion of the court, an offender may be ordered to make restitution in services to the victim in lieu of money or to make restitution to a person designated by the victim, if that person provided services to the victim as a result of the offense.

(5) After a prosecution is commenced and upon petition of the prosecutor, the court may grant a restraining order or injunction, require a satisfactory bond, or take other action if the court finds that the restraining order or injunction, bond, or other action is necessary to preserve property or assets that could be used to satisfy an anticipated restitution order. A hearing must be held on the petition, and any person with an interest in the property is entitled to be heard.

(6) For a felony offense:

(a) 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 department and use the money to satisfy any existing restitution obligation;

(b) at the beginning of any period during which the offender is not incarcerated, the offender shall sign a statement allowing any employer of the offender to garnish up to 25% of the offender's compensation and give the garnished amounts to the department of corrections to be used by the department to satisfy any existing restitution obligation; and

(c) during any period that the defendant is on probation or parole, the probation and parole officer shall set a monthly restitution payment amount by dividing the total amount of unpaid restitution by the number of remaining months of probation or parole. The probation and parole officer may adjust the monthly payment up or down by a maximum of 10%, depending on the offender's circumstances.

(7) The department of corrections shall give the department of revenue a copy of the order to pay restitution. If full restitution has not been paid, the department of revenue shall, pursuant to an agreement made under 46-18-241, intercept any state tax refunds and any federal tax refunds, as provided by law, due the offender and transfer the money to the department of corrections for a felony offense and to the sentencing court for a misdemeanor offense for disbursement to the victim. The department of revenue may charge the department of corrections a fee to recover its costs of intercepting a tax refund. The fee may not exceed the amount charged a state agency for debt collection services under Title 17, chapter 4.

History: En. Sec. 4, Ch. 426, L. 1983; amd. Sec. 16, Ch. 125, L. 1995; amd. Sec. 3, Ch. 181, L. 1997; amd. Sec. 1, Ch. 284, L. 2001; amd. Sec. 6, Ch. 272, L. 2003.

Notes of Decisions
Cited in 57 cases (5 in the last 5 years), 1989–2026 · leading case: State v. Muhammad, 2002 MT 47 (Mont. 2002).
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State v. Muhammad, 2002 MT 47 (Mont. 2002). · cites it 22× “¶ 46 In addition to documentation of the information required by § 46-18-242(1), MCA (1997), a district court imposing a sentence of restitution is required to specify the amount, method and time of each payment to the victim pursuant to § 46-18-244(1), MCA (1997). Pritchett , ¶…”
State v. Flanagan, 2003 MT 123 (Mont. 2003). · cites it 38× “Section 46-18-244, MCA (1997), provides that the court shall specify the amount, method and time of each payment to the victim and may permit payment in installments.”
State v. Workman, 2005 MT 22 (Mont. 2005). · cites it 18× “¶16 Secondly, Workman argues that the District Court did not establish a payment schedule or set the amount of his installment payments, in violation of § 46-18-244(1), MCA (2001). Again, this provision was revised in 2003.”
State v. Brown, 2008 MT 115 (Mont. 2008). · cites it 23× “272, § 10 (providing that the 2003 amendments to § 46-18-244, MCA, apply retroactively to offenders who have an unpaid *483 restitution obligation on October 1, 2003).”
State v. Pritchett, 2000 MT 261 (Mont. 2000). · cites it 15× “Section 46-18-244, MCA, provides in part: (1) The court shall specify the amount, method, and time of each payment to the victim and may permit payment in installments.”
State v. Heath, 2004 MT 126 (Mont. 2004). · cites it 7× “Did the District Court err by failing to establish the amount, method and time of restitution payments? ¶54 Heath argues that the District Court erred by failing to set the “amount, method, and time of each payment to the victim,” as required by § 46-18-244(1), MCA. In the…”
State v. Brewer, 1999 MT 269 (Mont. 1999). · cites it 14× “Did the trial court follow the requirements of § 46-18-244, MCA, in determining Appellant’s ability to pay restitution and in ordering her to make payments according to a schedule developed by her probation officer? IV.”
State v. Williams, 2010 MT 58 (Mont. 2010). · cites it 7× “Section 46-18-244(1), MCA, mandates that the sentencing court “shall specify the total amount of restitution that the offender shall pay.”
State v. Kuykendall, 2006 MT 110 (Mont. 2006). · cites it 8× “Section 46-18-244(1), MCA (2001), provided that the sentencing court “shall specify the total amount to be paid and the method and time of payment and may permit payment in installments.”
State v. Johnson, 2000 MT 290 (Mont. 2000). · cites it 7× “¶27 Subsection (3) of § 46-18-244, MCA, provides that in addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender’s restitution obligation: “(c) payment of up to one-third of the offender’s prison earnings.”
State v. Aragon, 2014 MT 89 (Mont. 2014). · cites it 4× “In addition to the due process right to explain or rebut any information presented at the hearing, Roedel, ¶ 65, the defendant may assert any defense to a request for restitution “that the [defendant] could raise in a civil action for the loss for which the victim seeks…”
State v. Heafner, 2010 MT 87 (Mont. 2010). · cites it 3× “¶7 Heafner concedes the validity of the order that he pay restitution of $255, 148.84. Heafner contends that the portion of the sentence that requires him to pay the victim’s future medical expenses is illegal because the amount of the restitution is not specified.”
Show all 57 citing cases →
— Mont. Code Ann. § 46-18-244(1) — 18 cases
State v. Workman, 2005 MT 22 (Mont. 2005). “¶16 Secondly, Workman argues that the District Court did not establish a payment schedule or set the amount of his installment payments, in violation of § 46-18-244(1), MCA (2001). Again, this provision was revised in 2003.”
State v. Williams, 2010 MT 58 (Mont. 2010). “Section 46-18-244(1), MCA, mandates that the sentencing court “shall specify the total amount of restitution that the offender shall pay.”
State v. Muhammad, 2002 MT 47 (Mont. 2002). “¶ 46 In addition to documentation of the information required by § 46-18-242(1), MCA (1997), a district court imposing a sentence of restitution is required to specify the amount, method and time of each payment to the victim pursuant to § 46-18-244(1), MCA (1997). Pritchett , ¶…”
State v. Kuykendall, 2006 MT 110 (Mont. 2006). “Section 46-18-244(1), MCA (2001), provided that the sentencing court “shall specify the total amount to be paid and the method and time of payment and may permit payment in installments.”
State v. Flanagan, 2003 MT 123 (Mont. 2003). “Section 46-18-244, MCA (1997), provides that the court shall specify the amount, method and time of each payment to the victim and may permit payment in installments.”
— Mont. Code Ann. § 46-18-244(2) — 20 cases
State v. Muhammad, 2002 MT 47 (Mont. 2002). “¶ 46 In addition to documentation of the information required by § 46-18-242(1), MCA (1997), a district court imposing a sentence of restitution is required to specify the amount, method and time of each payment to the victim pursuant to § 46-18-244(1), MCA (1997). Pritchett , ¶…”
State v. Heath, 2004 MT 126 (Mont. 2004). “Did the District Court err by failing to establish the amount, method and time of restitution payments? ¶54 Heath argues that the District Court erred by failing to set the “amount, method, and time of each payment to the victim,” as required by § 46-18-244(1), MCA. In the…”
State v. Workman, 2005 MT 22 (Mont. 2005). “¶16 Secondly, Workman argues that the District Court did not establish a payment schedule or set the amount of his installment payments, in violation of § 46-18-244(1), MCA (2001). Again, this provision was revised in 2003.”
State v. Pritchett, 2000 MT 261 (Mont. 2000). “Section 46-18-244, MCA, provides in part: (1) The court shall specify the amount, method, and time of each payment to the victim and may permit payment in installments.”
State v. Aragon, 2014 MT 89 (Mont. 2014). “In addition to the due process right to explain or rebut any information presented at the hearing, Roedel, ¶ 65, the defendant may assert any defense to a request for restitution “that the [defendant] could raise in a civil action for the loss for which the victim seeks…”
— Mont. Code Ann. § 46-18-244(3)(a) — 1 case
State v. Flanagan, 2003 MT 123 (Mont. 2003). “Section 46-18-244, MCA (1997), provides that the court shall specify the amount, method and time of each payment to the victim and may permit payment in installments.”
— Mont. Code Ann. § 46-18-244(3)(c) — 4 cases
State v. Johnson, 2000 MT 290 (Mont. 2000). “¶27 Subsection (3) of § 46-18-244, MCA, provides that in addition to other methods of payment, the court may order one or more of the following in order to satisfy the offender’s restitution obligation: “(c) payment of up to one-third of the offender’s prison earnings.”
State v. J.C., 2004 MT 75 (Mont. 2004).
Voerding v. State, 2006 MT 125 (Mont. 2006).
State v. JC, 2004 MT 75 (Mont. 2004).
— Mont. Code Ann. § 46-18-244(6) — 3 cases
State v. Ferre, 2014 MT 96 (Mont. 2014).
State v. Denham, 2005 MT 26 (Mont. 2005).
State v. Powell, 2025 MT 218 (Mont. 2025).
— Mont. Code Ann. § 46-18-244(6)(a) — 6 cases
State v. Brown, 2008 MT 115 (Mont. 2008). “272, § 10 (providing that the 2003 amendments to § 46-18-244, MCA, apply retroactively to offenders who have an unpaid *483 restitution obligation on October 1, 2003).”
State v. Dickerson, 2006 MT 197N (Mont. 2006).
State v. Richard Nava, 2008 MT 135N (Mont. 2008).
State v. Powell, 2025 MT 218 (Mont. 2025).
Nissen v. State, 210 P.3d 701 (Mont. 2008).
— Mont. Code Ann. § 46-18-244(6)(b) — 1 case
State v. Powell, 2025 MT 218 (Mont. 2025).
— Mont. Code Ann. § 46-18-244(6)(c) — 1 case
State v. Powell, 2025 MT 218 (Mont. 2025).
— Mont. Code Ann. § 46-18-244(7) — 1 case
State v. Brown, 2008 MT 115 (Mont. 2008). “272, § 10 (providing that the 2003 amendments to § 46-18-244, MCA, apply retroactively to offenders who have an unpaid *483 restitution obligation on October 1, 2003).”
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