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. § 46-23-1013 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 10
  5. 46-23-1013 Repealed

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 10. Supervision of Probationers and Parolees

Repealed

46-23-1013. Repealed. Sec. 7, Ch. 493, L. 2001.

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).

Notes of Decisions
Cited in 18 cases, 1979–2008 · leading case: State v. Goebel, 2001 MT 73 (Mont. 2001).
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State v. Goebel, 2001 MT 73 (Mont. 2001). · cites it 6× “But the 1999 Legislature made no changes to § 46-23-1013, MCA, which provides: Action of court after arrest.”
State v. Oie, 2007 MT 328 (Mont. 2007). · cites it 6× “¶13 Relying on this second sentence of subsection (4)(b), the State points out that under § 46-23-1013(2), MCA, the sentencing court is afforded broader authority when imposing a sentence upon revocation.”
State v. Swan, 713 P.2d 1003 (Mont. 1986). · cites it 15× “Defendant claims that he was denied due process when he was not afforded a preliminary or probable cause hearing prior to the probation revocation hearing; that he was denied due process when the State filed charges in District Court; and that Section 46-23-1013, MCA, setting…”
State v. Ford, 707 P.2d 16 (Mont. 1985). · cites it 12× “or his successor is authorized in his discretion to revoke the suspension or impose sentence and order the person committed.”
State v. Kingery, 779 P.2d 495 (Mont. 1989). · cites it 6× “Section 46-23-1013, MCA, provides post-arrest procedures.”
State v. Oppelt, 601 P.2d 394 (Mont. 1979). · cites it 3× “” As discussed, revocation of probation is not a criminal prosecution or proceeding.”
Brunsvold v. State, 820 P.2d 732 (Mont. 1991). · cites it 10× “Section 46-23-1013, MCA, sets the procedure to be followed after an arrest.”
State v. Johnston, 2008 MT 318 (Mont. 2008). · cites it 2× “We determined, however, that the reasons underlying the Supreme Court’s holdings in Morrissey and Gagnon regarding preliminary hearings were absent under Montana’s probation revocation scheme at § 46-23-1012 and § 46-23-1013, MCA (1983). Swan, 220 Mont.”
State v. Lindeman, 948 P.2d 221 (Mont. 1997). · cites it 3× “Section 46-18-203(7), MCA, provides: If the court finds that the defendant has violated the terms and conditions of the suspended or deferred sentence, the court may: (c) revoke the suspension of sentence and require the defendant to serve either the sentence imposed or any…”
State v. Lundquist, 825 P.2d 204 (Mont. 1992). · cites it 3× “” Section 46-23-1013(2), MCA, provides that “[i]f the violation [of a condition of release on probation] is established [at a revocation hearing], the court may.”
United States v. Mark Allen Shephard, 21 F.3d 933 (9th Cir. 1994). “§ '46-23-1012, and the law requires that a hearing be held on the matter, after which probation may be revoked, Mont.Code Ann. § 46-23-1013. 7 . As noted above, the statute describes “any .”
State v. Johnson, 2001 MT 277 (Mont. 2001). · cites it 8× “¶5 On September 27, 2000, in response to the State’s petition, Johnson filed a motion to dismiss the revocation proceedings, brought pursuant to § 46-23-1013, MCA (1999), and to remand the matter to the Department of Corrections for proceedings pursuant to § 46-23-1012(4), MCA…”
Show all 18 citing cases →
— Mont. Code Ann. § 46-23-1013(1) — 3 cases
State v. Kingery, 779 P.2d 495 (Mont. 1989). “Section 46-23-1013, MCA, provides post-arrest procedures.”
State v. Swan, 713 P.2d 1003 (Mont. 1986). “Defendant claims that he was denied due process when he was not afforded a preliminary or probable cause hearing prior to the probation revocation hearing; that he was denied due process when the State filed charges in District Court; and that Section 46-23-1013, MCA, setting…”
State v. Gibson, 2002 MT 87N (Mont. 2002).
— Mont. Code Ann. § 46-23-1013(2) — 4 cases
State v. Oie, 2007 MT 328 (Mont. 2007). “¶13 Relying on this second sentence of subsection (4)(b), the State points out that under § 46-23-1013(2), MCA, the sentencing court is afforded broader authority when imposing a sentence upon revocation.”
State v. Lindeman, 948 P.2d 221 (Mont. 1997). “Section 46-18-203(7), MCA, provides: If the court finds that the defendant has violated the terms and conditions of the suspended or deferred sentence, the court may: (c) revoke the suspension of sentence and require the defendant to serve either the sentence imposed or any…”
State v. Lundquist, 825 P.2d 204 (Mont. 1992). “” Section 46-23-1013(2), MCA, provides that “[i]f the violation [of a condition of release on probation] is established [at a revocation hearing], the court may.”
State v. Ponder (Mont. 1994).
— Mont. Code Ann. § 46-23-1013(3) — 1 case
State v. Plummer, 2002 MT 51N (Mont. 2002).
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.