Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 10. Supervision of Probationers and Parolees
Montana Code Annotated

Mont. Code Ann. § 46-23-1012 (2026)

Arrest When Violations Of Probation Alleged -- Probation Compliance Plan -- Probation Violator Intervention

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 10
  5. 46-23-1012 Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 10. Supervision of Probationers and Parolees

Arrest When Violations Of Probation Alleged -- Probation Compliance Plan -- Probation Violator Intervention

46-23-1012. Arrest when violations of probation alleged -- probation compliance plan -- probation violator intervention. (1) At any time during probation, if a probation and parole officer reasonably believes that the probationer has violated a condition of probation, a court may issue a warrant for the arrest of the probationer or a county attorney may issue a notice to appear to answer to a charge of probation violation. The notice must be personally served upon the probationer. The warrant must authorize law enforcement officers to return the probationer to any suitable detention center.

(2) Any probation and parole officer may arrest the probationer without a warrant or may orally deputize any other officer with power of arrest to do so by giving the officer oral authorization and within 12 hours delivering to the detention center a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. A written statement or oral authorization delivered with the probationer by the arresting officer to the official in charge of a detention center is sufficient warrant for the detention of the probationer if the probation and parole officer delivers the written statement within 12 hours of the probationer's arrest. The probation and parole officer, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.

(3) A probation and parole officer may authorize a detention center to hold a probationer arrested under this section without bail for 72 hours. Within 72 hours following the probationer's detention, the probation and parole officer shall:

(a) authorize the detention center to release the probationer;

(b) hold an intervention hearing pursuant to 46-23-1015; or

(c) arrange for the probationer to appear before a magistrate to set bail. In setting bail, the provisions of chapter 9 of this title regarding release on bail of persons charged with a crime apply.

(4) If the probationer is detained and bond is set, the probation and parole officer shall file a report of violation within 10 days of the arrest of the probationer.

(5) After the probation and parole officer files a report of violation, the court may proceed with revocation of probation in the manner provided in 46-18-203.

History: En. Sec. 11, Ch. 153, L. 1955; Sec. 94-9831, R.C.M. 1947; redes. 95-3213 by Sec. 29, Ch. 513, L. 1973; Sec. 95-3213, R.C.M. 1947; redes. 95-3305 by Sec. 15, Ch. 333, L. 1975; R.C.M. 1947, 95-3305(part); amd. Sec. 3, Ch. 505, L. 1999; amd. Sec. 5, Ch. 493, L. 2001.

Notes of Decisions
Cited in 51 cases (13 in the last 5 years), 1986–2025 · leading case: State v. Johnston, 2008 MT 318 (Mont. 2008).
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State v. Johnston, 2008 MT 318 (Mont. 2008). · cites it 99× “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
State v. Finley, 2003 MT 239 (Mont. 2003). · cites it 58× “We also explicitly upheld re-revocation proceedings under the retroactive provisions of § 46-23-1012, MCA (2001). Rehearing of Goebel and Giddings, ¶ 30.”
State v. Goebel, 2001 MT 73 (Mont. 2001). · cites it 36× “Later that same day, he was taken into custody by his probation officer pursuant to § 46-23-1012, MCA. On June 8, 1999, Goebel's probation officer filed a report alleging that *55 Goebel had violated the terms and conditions of his probation because he had used marijuana,…”
State v. Maynard, 2010 MT 115 (Mont. 2010). · cites it 58× “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Goebel, 2001 MT 155 (Mont. 2001). · cites it 32× “00-086, asking this Court to look beyond the plain language of § 46-23-1012, MCA, and hold that the probable cause hearing designated in subsection (4) of that statute is mandatory only when an offender has been arrested by a probation officer rather than pursuant to a warrant…”
State v. Haagenson, 2010 MT 95 (Mont. 2010). · cites it 24× “But more to the point of Haagenson's argument, § 46-23-1012, MCA, does not preclude the revocation of probation just because the offender has been subjected to an onsite hearing and parole revocation under §§ 46-23-1024 and -1025, MCA.”
State v. Giddings, 2001 MT 76 (Mont. 2001). · cites it 27× “In its petition, the State points out that the 2001 Legislature amended § 46-23-1012, MCA, to delete the requirement for the probable cause hearing designated in subsection (4) of the statute.”
Gonzales v. Mahoney, 2001 MT 259 (Mont. 2001). · cites it 24× “OPINION AND ORDER ¶1 Julian Louis Gonzales has filed a petition for writ of habeas corpus asserting that his detention on a probation revocation warrant violates double jeopardy protections and § 46-23-1012, MCA (2001). On November 2, 2001, the Court granted Gonzales’ motion to…”
Gundrum v. Mahoney, 2001 MT 246 (Mont. 2001). · cites it 21× “¶2 The following issues are raised: ¶3 Does § 46-23-1012, MCA, apply to parole revocation proceedings? ¶4 Is the Petitioner entitled to good time credits? ¶5 Is the Petitioner entitled to credit for time served? FACTUAL AND PROCEDURAL BACKGROUND ¶6 On March 24,1987, the Eleventh…”
State v. Giddings, 2001 MT 76 (Mont. 2001). · cites it 14× “2d 1003 , we held that a probable cause hearing or preliminary examination was not required under Montana's statutes regarding revocation of probationary sentences, the 1999 Legislature changed § 46-23-1012, MCA, to require a probable cause hearing prior *77 to a revocation…”
State v. W. Rossbach, 2016 MT 189 (Mont. 2016). · cites it 24× “ISSUE PRESENTED ¶2 Did the District Court err in denying Rossbach’s motion to dismiss the revocation of his sentence pursuant to § 46-23-1012(2), MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶3 Rossbach pled guilty to a robbery in 2001.”
State v. Evans, 2012 MT 115A (Mont. 2012). · cites it 18× “¶12 Evans filed a motion to dismiss the revocation proceedings in Flathead County, arguing the State failed to comply with the procedures articulated in § 46-23-1012, MCA. The District Court denied the motion and held a hearing on the revocation of Evans’ suspended sentence on…”
Show all 51 citing cases →
— Mont. Code Ann. § 46-23-1012(1) — 15 cases
State v. Finley, 2003 MT 239 (Mont. 2003). “We also explicitly upheld re-revocation proceedings under the retroactive provisions of § 46-23-1012, MCA (2001). Rehearing of Goebel and Giddings, ¶ 30.”
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
State v. Goebel, 2001 MT 73 (Mont. 2001). “Later that same day, he was taken into custody by his probation officer pursuant to § 46-23-1012, MCA. On June 8, 1999, Goebel's probation officer filed a report alleging that *55 Goebel had violated the terms and conditions of his probation because he had used marijuana,…”
Gonzales v. Mahoney, 2001 MT 259 (Mont. 2001). “OPINION AND ORDER ¶1 Julian Louis Gonzales has filed a petition for writ of habeas corpus asserting that his detention on a probation revocation warrant violates double jeopardy protections and § 46-23-1012, MCA (2001). On November 2, 2001, the Court granted Gonzales’ motion to…”
— Mont. Code Ann. § 46-23-1012(2) — 13 cases
State v. W. Rossbach, 2016 MT 189 (Mont. 2016). “ISSUE PRESENTED ¶2 Did the District Court err in denying Rossbach’s motion to dismiss the revocation of his sentence pursuant to § 46-23-1012(2), MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶3 Rossbach pled guilty to a robbery in 2001.”
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
State v. Goebel, 2001 MT 73 (Mont. 2001). “Later that same day, he was taken into custody by his probation officer pursuant to § 46-23-1012, MCA. On June 8, 1999, Goebel's probation officer filed a report alleging that *55 Goebel had violated the terms and conditions of his probation because he had used marijuana,…”
State v. Kingery, 779 P.2d 495 (Mont. 1989).
Obert v. State, 2024 MT 270 (Mont. 2024).
— Mont. Code Ann. § 46-23-1012(3) — 12 cases
State v. Finley, 2003 MT 239 (Mont. 2003). “We also explicitly upheld re-revocation proceedings under the retroactive provisions of § 46-23-1012, MCA (2001). Rehearing of Goebel and Giddings, ¶ 30.”
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Haagenson, 2010 MT 95 (Mont. 2010). “But more to the point of Haagenson's argument, § 46-23-1012, MCA, does not preclude the revocation of probation just because the offender has been subjected to an onsite hearing and parole revocation under §§ 46-23-1024 and -1025, MCA.”
Sanders v. State, 2004 MT 374 (Mont. 2004).
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
— Mont. Code Ann. § 46-23-1012(3)(a) — 2 cases
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Benjamin, 2015 MT 106N (Mont. 2015).
— Mont. Code Ann. § 46-23-1012(3)(b) — 7 cases
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
State v. Martinez, 2008 MT 233 (Mont. 2008).
Gonzales v. Mahoney, 2001 MT 259 (Mont. 2001). “OPINION AND ORDER ¶1 Julian Louis Gonzales has filed a petition for writ of habeas corpus asserting that his detention on a probation revocation warrant violates double jeopardy protections and § 46-23-1012, MCA (2001). On November 2, 2001, the Court granted Gonzales’ motion to…”
Obert v. State, 2024 MT 270 (Mont. 2024).
— Mont. Code Ann. § 46-23-1012(3)(c) — 5 cases
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Haagenson, 2010 MT 95 (Mont. 2010). “But more to the point of Haagenson's argument, § 46-23-1012, MCA, does not preclude the revocation of probation just because the offender has been subjected to an onsite hearing and parole revocation under §§ 46-23-1024 and -1025, MCA.”
Gonzales v. Mahoney, 2001 MT 259 (Mont. 2001). “OPINION AND ORDER ¶1 Julian Louis Gonzales has filed a petition for writ of habeas corpus asserting that his detention on a probation revocation warrant violates double jeopardy protections and § 46-23-1012, MCA (2001). On November 2, 2001, the Court granted Gonzales’ motion to…”
Obert v. State, 2024 MT 270 (Mont. 2024).
Daniel Collins v. State, 2008 MT 136N (Mont. 2008).
— Mont. Code Ann. § 46-23-1012(3X5) — 1 case
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
— Mont. Code Ann. § 46-23-1012(4) — 14 cases
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
State v. Goebel, 2001 MT 73 (Mont. 2001). “Later that same day, he was taken into custody by his probation officer pursuant to § 46-23-1012, MCA. On June 8, 1999, Goebel's probation officer filed a report alleging that *55 Goebel had violated the terms and conditions of his probation because he had used marijuana,…”
State v. Finley, 2003 MT 239 (Mont. 2003). “We also explicitly upheld re-revocation proceedings under the retroactive provisions of § 46-23-1012, MCA (2001). Rehearing of Goebel and Giddings, ¶ 30.”
State v. Giddings, 2001 MT 76 (Mont. 2001). “2d 1003 , we held that a probable cause hearing or preliminary examination was not required under Montana's statutes regarding revocation of probationary sentences, the 1999 Legislature changed § 46-23-1012, MCA, to require a probable cause hearing prior *77 to a revocation…”
State v. Goebel, 2001 MT 155 (Mont. 2001). “00-086, asking this Court to look beyond the plain language of § 46-23-1012, MCA, and hold that the probable cause hearing designated in subsection (4) of that statute is mandatory only when an offender has been arrested by a probation officer rather than pursuant to a warrant…”
— Mont. Code Ann. § 46-23-1012(5) — 4 cases
State v. Maynard, 2010 MT 115 (Mont. 2010). “61 and, pursuant to § 46-23-1012, MCA, issued an authorization for law enforcement to pick up and hold Maynard.”
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
Gonzales v. Mahoney, 2001 MT 259 (Mont. 2001). “OPINION AND ORDER ¶1 Julian Louis Gonzales has filed a petition for writ of habeas corpus asserting that his detention on a probation revocation warrant violates double jeopardy protections and § 46-23-1012, MCA (2001). On November 2, 2001, the Court granted Gonzales’ motion to…”
T. Walker v. DPHHS & Bragg (Mont. 2024).
— Mont. Code Ann. § 46-23-1012(l) — 1 case
State v. Johnston, 2008 MT 318 (Mont. 2008). “Section 46-23-1012, MCA, does not address, however, the State's obligations when a probationer is arrested on grounds independent from the violation of a condition of probation.”
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.