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

Mont. Code Ann. § 46-18-246 (2026)

Waiver Or Modification Of Payment

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 2
  5. 46-18-246 Waiver or modification of payment

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

Waiver Or Modification Of Payment

46-18-246. Waiver or modification of payment. (1) Except as limited by subsection (2), an offender may petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution or amount to be paid pursuant to 46-18-241(2)(a).

(2) A court may not waive or adjust a restitution order within 1 year of imposition of the order or during any period while an offender is in the custody of the department of corrections.

(3) The court shall schedule a hearing and give a victim to whom restitution was ordered notice of the hearing date, place, and time and inform the victim that the victim will have an opportunity to be heard.

(4) If the court finds that the circumstances on which it based the imposition of restitution, amount of the victim's pecuniary loss, or method or time of payment no longer exist or that it otherwise would be unjust to require payment as imposed, the court may adjust or waive unpaid restitution or the amount to be paid pursuant to 46-18-241(2)(a) or modify the time or method of making restitution.

(5) The court may extend the restitution schedule.

History: En. Sec. 6, Ch. 426, L. 1983; amd. Sec. 18, Ch. 125, L. 1995; amd. Sec. 4, Ch. 181, L. 1997; amd. Sec. 2, Ch. 66, L. 2009; amd. Sec. 8, Ch. 463, L. 2025.

Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 2002–2026 · leading case: State v. S. Lodahl, 2021 MT 156 (Mont. 2021).
Sort: Relevance Newest Treatment
State v. S. Lodahl, 2021 MT 156 (Mont. 2021). · cites it 74× “The effect of the changes to § 46-18-244, MCA, is, thus, to move the burden to the defendant to raise and prove that requiring full payment of the restitution award would be unjust under the circumstances.”
K. Erickson v. State, 2018 MT 9 (Mont. 2018). · cites it 21× “The State responded that the District Court was without authority to amend a criminal judgment, and that the requirements of § 46-18-246, MCA, under which a 4 The release also settled any potential claims against Mountain West Farm Bureau for its handling of the claim and…”
State v. Brownback, 2010 MT 96 (Mont. 2010). · cites it 2× “…to pay restitution, but only in response to a subsequent petition to adjust or waive the ordered restitution. See § 46-18-246, MCA.”
State v. Passmore, 2014 MT 249 (Mont. 2014). · cites it 5× “Therefore, Passmore argues the Cotut should have waived his remaining restitution obligation pursuant to § 46-18-246, MCA. We disagree. ¶14 Section 46-18-246, MCA, provides, in relevant part; If the court finds that the circumstances upon which it based the imposition of…”
State v. Brown, 2008 MT 115 (Mont. 2008). · cites it 2× “Indeed, § 46-18-246, MCA, provides as follows: An offender may at any time petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution.”
State v. S. Santillan, 2017 MT 314 (Mont. 2017). · cites it 5× “2 Pursuant to § 46-18-246, MCA, “An offender may at any time petition the sentencing court to adjust or otherwise waive payment of any part of any ordered restitution .”
State v. J. Westerman, 2024 MT 201N (Mont. 2024). · cites it 8× “Lodahl, ¶ 24 (citing § 46-18-246, MCA). A sentencing court “must impose the full restitution at sentencing, but it is not precluded from waiving said restitution in the same order.”
State v. N. Puccinelli, 2024 MT 114 (Mont. 2024). · cites it 2× “On March 16, 2022, Neldia filed a motion for modification 6 of restitution pursuant to § 46-18-246, MCA. In this motion, Neldia sought reduction or, alternatively, waiver of the remaining balance of her restitution.”
State v. Denham, 2005 MT 26 (Mont. 2005). · cites it 3× “Section 46-18-246, MCA. This process applies regardless of whether the District Court or Denham’s probation officer sets the restitution schedule.”
State v. Joslin, 2006 MT 316N (Mont. 2006). · cites it 12× “¶7 On appeal, Joslin argues that the court erred by failing to either summarily grant his motion or hold a hearing pursuant to § 46-18-246, MCA. Joslin contends that § 46- 18-246, MCA, mandates a hearing to determine hardship and that changed circumstances negate any agreement…”
Johnson v. State, 2002 MT 253N (Mont. 2002). · cites it 11× “¶11 On July 26, 2001, Johnson filed a petition to adjust restitution payment with the District Court pursuant to § 46-18-246, MCA (1999). The petition requested that: (1) the DOC, the Montana Board of Crime Control, PIECP, and the CVCAA credit all monies paid by Johnson into the…”
State v. Brandon Burns (Dc 99-0351), 2012 MT 42N (Mont. 2012). · cites it 10× “He also alleged the District Court erred in not holding a hearing under § 46-18-246, MCA. We issued an order on November 22, 2011, determining that relief was not available to Burns under § 46-18-246, MCA, because he was not seeking an adjustment or waiver of a presumptively…”
Show all 17 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.