Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 4. Factors That Reduce Sentence
Montana Code Annotated

Mont. Code Ann. § 46-18-402 (2026)

Credit For Time Served

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 4
  5. 46-18-402 Credit for time served

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 4. Factors That Reduce Sentence

Credit For Time Served

46-18-402. Credit for time served. If a defendant has served any portion of the defendant's sentence under a commitment based upon a judgment that is subsequently declared invalid or that is modified during the term of imprisonment, the time served must be credited against any subsequent sentence received upon a new commitment for the same criminal act or acts.

History: En. 95-2214 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2214; amd. Sec. 3, Ch. 372, L. 1995.

Notes of Decisions
Cited in 7 cases, 1988–2014 · leading case: Gundrum v. Mahoney, 2001 MT 246, 36 P.3d 890.
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Gundrum v. Mahoney, 2001 MT 246, 36 P.3d 890. · cites it 4× “¶17 Is the Petitioner entitled to credit for time served? ¶18 Gundrum was placed on probation on August 11, 1992, and a bench warrant was issued for his arrest on probation violations on December 7, 1993.”
State v. DeWitt, 2006 MT 302, 149 P.3d 549. · cites it 2× “served when the court revoked DeWitt’s suspended sentence and sentenced him to 10 years, with 5 years suspended? ¶7 DeWitt contends that the court failed to account for his 1,275 days served when it sentenced him on October 20, 2005, in violation of his rights under the double…”
State v. Forsyth, 761 P.2d 363 (Mont. 1988). · cites it 2× “We hold that the Sentence's "presentence incarceration", and the application of §§ 46-18-402 to -403, MCA, mandate credit for the time Forsyth has spent in jail and prison since charges were brought in this case.”
State v. Pendergrass, 932 P.2d 1056 (Mont. 1997). · cites it 2× “Nevertheless, based on his underlying argument that the escape sentence merged with his other sentences and that all of the sentences began running concurrently when he was paroled in April of 1992, he contends in this appeal that the District Court was required to give him…”
State v. Plummer, 2002 MT 51N. · cites it 7× “We concluded that because Plummer was on probation, did not serve any portion of his sentence and was not committed to the Department of Corrections, he was ineligible for credit for time served under § 46-18-402, MCA (1995). ¶14 Plummer’s most recent filings in the District…”
State v. Weikert, 2002 MT 193N. · cites it 6× “¶4 Weikert later moved for credit for time served on probation, pursuant to § 46-18-402, MCA. The State of Montana responded and Weikert filed a reply brief, arguing for the first time that the revocation of his suspended sentence violated § 46-18-203(7)(b), MCA, because the…”
State v. Johnston, 2014 MT 17N. · cites it 2× “Because he was given credit for 87 days of time served before sentencing, the records department subtracted those days from October 1, 1996, resulting in a commencement date of July 6, 1996.”
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.