Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY · Part 2. Granting of Parole
Montana Code Annotated

Mont. Code Ann. § 46-23-217 (2026)

Service Of Term For Additional Crime

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 23
  4. Part 2
  5. 46-23-217 Service of term for additional crime

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 23. PROBATION, PAROLE, AND CLEMENCY

Part 2. Granting of Parole

Service Of Term For Additional Crime

46-23-217. Service of term for additional crime. A prisoner who commits a crime while imprisoned in a state prison or while released on parole or under the supervised release program and who is convicted and sentenced for the crime shall serve the sentence consecutively with the remainder of the original sentence. However, the prisoner remains eligible for parole consideration under 46-23-201 in regard to the original sentence. If paroled from the original sentence, the prisoner shall begin serving the subsequent sentence.

History: En. Sec. 19, Ch. 153, L. 1955; Sec. 94-9839, R.C.M. 1947; redes. 95-3221 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3221; amd. Sec. 28, Ch. 116, L. 1979; amd. Sec. 3, Ch. 188, L. 1989; amd. Sec. 8, Ch. 372, L. 1995; amd. Sec. 9, Ch. 491, L. 1999.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2026 · leading case: State v. S. Maggi, 2024 MT 90, 547 P.3d 1245.
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State v. S. Maggi, 2024 MT 90, 547 P.3d 1245. · cites it 4× “’s information and two subsequent amended informations, the State provided notice as to the sentence enhancements it would seek related to the offenses being committed while Maggi was in official detention—life imprisonment for the aggravated assault charge under § 46-18-220,…”
Hallberg v. Hughes (Mont. 2021). · cites it 15× “Section 46-23-217, MCA, provides, in part: "A prisoner who commits a crirne while imprisoned in a state prison or while released on parole or under the supervised release program and who is convicted and sentenced for the crime shall serve the sentence consecutively with the…”
Matt v. Salmonsen (D. Mont. 2024). · cites it 2× “) Matt asks this Court to start his sentence from the date when he was granted parole in 2020, pursuant to Mont. Code Ann. § 46-23-217 . This change would effectively discharge his Escape sentence.”
Boyland (D. Mont. 2026). · cites it 2× “at 3 , citing Mont. Code Ann. §46-23-217 . Thus, Boyland was not serving a facially invalid sentence.”
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