Montana Code Annotated

Mont. Code Ann. § 46-18-247 (2026)

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✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 2. Form of Sentence

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46-18-247. Default. (1) If an offender sentenced to make restitution is in default, the sentencing court, upon the motion of the prosecuting attorney or upon its own motion, may issue an order under 46-18-203 requiring the offender to show cause why the offender should not be confined for failure to obey the sentence of the court. The court may order the offender to appear at a time, date, and place for a hearing or, if the offender fails to appear as ordered, issue a warrant for the offender's arrest. The order or warrant must be accompanied by written notice of the offender's right to a hearing as provided in 46-18-203.

(2) If the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for in 46-18-203.

(3) An order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment of restitution, the sentencing court may order the restitution to be collected by any method authorized for the enforcement of other judgments.

History: En. Sec. 7, Ch. 426, L. 1983; amd. Sec. 19, Ch. 125, L. 1995; amd. Sec. 5, Ch. 181, L. 1997.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2002–2025 · leading case: Dexter v. Shields, 2004 MT 159 (Mont. 2004).

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Dexter v. Shields, 2004 MT 159 (Mont. 2004). · cites it 6× “Section 46-18-247, MCA (1997). ¶ 22 The logic of these principles is clearly seen.”

State v. Brown, 2008 MT 115 (Mont. 2008). · cites it 6× “The DOC points out that ever since its enactment *480 in 1983, § 46-18-247(3), MCA, has provided that “[a]n order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment [of restitution],…”

State v. Welling, 2002 MT 308 (Mont. 2002). · cites it 6× “] Section 46-18-247(2), MCA, provides that: "[i]f the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for…”

State v. Ferre, 2014 MT 96 (Mont. 2014). · cites it 2× “We further concluded that § 46-18-247(3), MCA, establishes that restitution orders are considered civil judgments, not criminal penalties.”

State v. N. Puccinelli, 2024 MT 114 (Mont. 2024). · cites it 5× “¶24 Pursuant to § 46-18-247, MCA, if an offender is in default of restitution, the court may require the offender to appear and show cause why the offender should not be confined for failure to obey the sentence.”

K. Erickson v. State, 2018 MT 9 (Mont. 2018). · cites it 3× “” Section 46-18-247(3), MCA. Likewise, restitution orders constitute a judgment in favor of the victims: “The total amount that a court orders to be paid to a victim may be treated as a civil judgment against the offender and may be collected by the victim at any time .”

State v. S. Lodahl, 2021 MT 156 (Mont. 2021). “The law further accommodates an offender’s inability to pay by disallowing a court from revoking a suspended or deferred sentence for an offender’s default on restitution payments when the default is not attributable to her lack of good faith effort to obtain the necessary funds.”

State v. Powell, 2025 MT 218 (Mont. 2025). · cites it 6× “When an offender “is in default,” the court may order a show cause hearing under § 46-18-203, MCA, as provided in § 46-18-247, MCA. Upon finding the default “was attributable to the offender’s failure to make a good faith effort to obtain the necessary funds for payment .”

— Mont. Code Ann. § 46-18-247(1) — 1 case

State v. N. Puccinelli, 2024 MT 114 (Mont. 2024). “¶24 Pursuant to § 46-18-247, MCA, if an offender is in default of restitution, the court may require the offender to appear and show cause why the offender should not be confined for failure to obey the sentence.”

— Mont. Code Ann. § 46-18-247(2) — 4 cases

State v. Welling, 2002 MT 308 (Mont. 2002). “] Section 46-18-247(2), MCA, provides that: "[i]f the court finds that the offender's default was attributable to the offender's failure to make a good faith effort to obtain the necessary funds for payment of the ordered restitution, the court may take any action provided for…”

State v. Powell, 2025 MT 218 (Mont. 2025). “When an offender “is in default,” the court may order a show cause hearing under § 46-18-203, MCA, as provided in § 46-18-247, MCA. Upon finding the default “was attributable to the offender’s failure to make a good faith effort to obtain the necessary funds for payment .”

— Mont. Code Ann. § 46-18-247(3) — 3 cases

State v. Brown, 2008 MT 115 (Mont. 2008). “The DOC points out that ever since its enactment *480 in 1983, § 46-18-247(3), MCA, has provided that “[a]n order to pay restitution constitutes a judgment rendered in favor of the state, and following a default in the payment of restitution or any installment [of restitution],…”

State v. Ferre, 2014 MT 96 (Mont. 2014). “We further concluded that § 46-18-247(3), MCA, establishes that restitution orders are considered civil judgments, not criminal penalties.”

K. Erickson v. State, 2018 MT 9 (Mont. 2018). “” Section 46-18-247(3), MCA. Likewise, restitution orders constitute a judgment in favor of the victims: “The total amount that a court orders to be paid to a victim may be treated as a civil judgment against the offender and may be collected by the victim at any time .”

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