Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 8. RIGHT TO COUNSEL · Part 1. Extent of Right -- Indigency Repayment of Costs
Montana Code Annotated

Mont. Code Ann. § 46-8-113 (2026)

Payment By Defendant For Assigned Counsel -- Costs To Be Filed With Court -- Collection Of Unpaid Costs

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 8
  4. Part 1
  5. 46-8-113 Payment by defendant for assigned counsel -- costs to be filed with court -- collection of unpaid costs

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 8. RIGHT TO COUNSEL

Part 1. Extent of Right -- Indigency Repayment of Costs

Payment By Defendant For Assigned Counsel -- Costs To Be Filed With Court -- Collection Of Unpaid Costs

46-8-113. Payment by defendant for assigned counsel -- costs to be filed with court -- collection of unpaid costs. (1) Subject to the provisions of subsections (2) and (3), as part of or as a condition of a sentence that is imposed under the provisions of this title, the court shall determine whether a convicted defendant should pay the costs of counsel assigned to represent the defendant as follows:

(a) If the defendant pleads guilty prior to trial:

(i) to one or more misdemeanor charges and no felony charges, the cost of counsel is $250; or

(ii) to one or more felony charges, the cost of counsel is $800.

(b) If the case goes to trial, the defendant shall pay the costs incurred by the office of state public defender for providing the defendant with counsel in the criminal trial. Upon request, the office of state public defender shall file with the court a statement of the hours spent on the case and the costs and expenses incurred for the trial.

(2) (a) The office of the court administrator shall prepare a single combined report for each court assessing costs under this section by individual defendant and provide a copy of the report to the office of state public defender on a monthly basis. The report must include available information to personally identify the defendant.

(b) The office of state public defender shall:

(i) notify the department of revenue of the defendant's unpaid costs and provide the department of revenue with the defendant's full name, social security number, and address and the amount of the defendant's unpaid costs; and

(ii) work cooperatively with the department of revenue to collect the defendant's unpaid costs.

(c) The department of revenue shall collect the defendant's unpaid costs assessed under this section. All costs collected by the department of revenue or the office of state public defender if the office receives or collects any costs owed under this section must be deposited in the state general fund and clearly credited against any balance owed by a defendant.

(d) The office of the court administrator, office of state public defender, and department of revenue shall develop a mutually agreed-upon report format and procedures for ensuring the timely and accurate transfer of information to collect unpaid costs assessed under this section.

(3) In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs and shall inform the defendant that purposely false or misleading statements by the defendant may result in criminal charges against the defendant.

(4) The court may not sentence a defendant to pay the costs for assigned counsel unless the defendant is or will be able to pay the costs imposed by subsection (1). The court may find that the defendant is able to pay only a portion of the costs assessed. In determining the amount and method of payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(5) A defendant who has been sentenced to pay costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may reduce all or part of the amount due in costs or modify the method of payment. The court shall notify the office of state public defender of any reduction to the amount due.

(6) A defendant's obligation to make payments for the cost of counsel is suspended during periods of incarceration.

(7) Any costs imposed under this section must be included in the court's judgment.

History: En. Sec. 4, Ch. 415, L. 1981; amd. Sec. 67, Ch. 800, L. 1991; amd. Sec. 7, Ch. 262, L. 1993; amd. Sec. 42, Ch. 449, L. 2005; amd. Sec. 1, Ch. 467, L. 2009; amd. Sec. 3, Ch. 344, L. 2011; amd. Sec. 1, Ch. 17, L. 2015; amd. Sec. 1, Ch. 170, L. 2017.

Notes of Decisions
Cited in 45 cases (8 in the last 5 years), 1984–2026 · leading case: State v. Ellis, 2007 MT 210 (Mont. 2007).
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State v. Ellis, 2007 MT 210 (Mont. 2007). · cites it 26× “¶2 The sole issue on appeal is whether the District Court erred in ordering Ellis to repay the costs of his appointed counsel because § 46-8-113, MCA, (temporary to June 30, 2006) [hereinafter, § 46-8-113, MCA] violates the equal protection clauses of the United States and…”
State v. Michelle Gable, 2015 MT 200 (Mont. 2015). · cites it 20× “Did the District Court fail to question Gable as to her ability to pay the costs of appointed counsel ? ¶9 Section 46-8-113(1), MCA, authorizes courts to order costs of appointed counsel assigned to represent a defendant.”
State v. M. Reynolds, 2017 MT 317 (Mont. 2017). · cites it 12× “1 Section 46-8-113, MCA. If the defendant pleads guilty to one of more felony charges prior to trial, the cost of counsel is $800.”
State v. Moore, 2012 MT 95 (Mont. 2012). · cites it 15× “The District Court failed to investigate Moore’s ability to pay costs of appointed counsel or costs of prosecution, as required by § 46-8-113, MCA, and § 46-18-232(2), MCA.”
State v. B. Thompson, 2017 MT 107 (Mont. 2017). · cites it 10× “Costs of assigned counsel, paid to clerk of court: (§ 46-8-113, MCA) i. Offender shall pay costs incurred by the Office of Public Defender for providing counsel in the criminal trial[;] Costs incurred: $ TBD .”
State v. Madplume, 2017 MT 40 (Mont. 2017). · cites it 5× “See § 46-8-113(3), MCA (“In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs .”
State v. M. Hotchkiss, 2020 MT 269 (Mont. 2020). · cites it 12× “¶23 Issue Two: Did the District Court err when it ordered the defendant to pay the cost of his public defender without conducting a meaningful inquiry into his ability to pay such expense? ¶24 A district court may require that a convicted defendant pay the costs incurred by his…”
State v. J.C., 2004 MT 75 (Mont. 2004). · cites it 9× “Section 46-8-113(1), MCA. Section 46-8-113(3), MCA, requires that in determining the amount and payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.”
State v. Kirkland, 2008 MT 107 (Mont. 2008). · cites it 21× “impose an illegal sentence when it ordered Kirkland to pay the costs of his court-appointed counsel incurred during the revocation proceedings? ¶7 Kirkland contends the District Court imposed an illegal sentence when it ordered him to pay costs of court-appointed counsel without…”
State v. Hubbel, 2001 MT 31 (Mont. 2001). · cites it 6× “Section 46-8-113, MCA, provides in relevant part: 1.”
State v. Stout, 2010 MT 137 (Mont. 2010). · cites it 6× “for providing the defendant with counsel in the criminal proceeding.”
State v. Rudolph, 2005 MT 41 (Mont. 2005). · cites it 6× “Section 46-8-113(1), MCA. However, [t]he court may not sentence a defendant to pay the costs of court-appointed counsel unless the defendant is or will be able to pay them.”
Show all 45 citing cases →
— Mont. Code Ann. § 46-8-113(1) — 14 cases
State v. J.C., 2004 MT 75 (Mont. 2004). “Section 46-8-113(1), MCA. Section 46-8-113(3), MCA, requires that in determining the amount and payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.”
State v. Moore, 2012 MT 95 (Mont. 2012). “The District Court failed to investigate Moore’s ability to pay costs of appointed counsel or costs of prosecution, as required by § 46-8-113, MCA, and § 46-18-232(2), MCA.”
State v. Rudolph, 2005 MT 41 (Mont. 2005). “Section 46-8-113(1), MCA. However, [t]he court may not sentence a defendant to pay the costs of court-appointed counsel unless the defendant is or will be able to pay them.”
State v. Michelle Gable, 2015 MT 200 (Mont. 2015). “Did the District Court fail to question Gable as to her ability to pay the costs of appointed counsel ? ¶9 Section 46-8-113(1), MCA, authorizes courts to order costs of appointed counsel assigned to represent a defendant.”
State v. M. Hotchkiss, 2020 MT 269 (Mont. 2020). “¶23 Issue Two: Did the District Court err when it ordered the defendant to pay the cost of his public defender without conducting a meaningful inquiry into his ability to pay such expense? ¶24 A district court may require that a convicted defendant pay the costs incurred by his…”
— Mont. Code Ann. § 46-8-113(1)(a)(i) — 1 case
State v. C. Post, 2025 MT 215 (Mont. 2025).
— Mont. Code Ann. § 46-8-113(1)(a)(ii) — 2 cases
State v. M. Sullivan, 2025 MT 172N (Mont. 2025).
State v. Catherine J. Acord, 2013 MT 8N (Mont. 2013).
— Mont. Code Ann. § 46-8-113(2) — 1 case
State v. Kirkland, 2008 MT 107 (Mont. 2008). “impose an illegal sentence when it ordered Kirkland to pay the costs of his court-appointed counsel incurred during the revocation proceedings? ¶7 Kirkland contends the District Court imposed an illegal sentence when it ordered him to pay costs of court-appointed counsel without…”
— Mont. Code Ann. § 46-8-113(3) — 23 cases
State v. B. Thompson, 2017 MT 107 (Mont. 2017). “Costs of assigned counsel, paid to clerk of court: (§ 46-8-113, MCA) i. Offender shall pay costs incurred by the Office of Public Defender for providing counsel in the criminal trial[;] Costs incurred: $ TBD .”
State v. Michelle Gable, 2015 MT 200 (Mont. 2015). “Did the District Court fail to question Gable as to her ability to pay the costs of appointed counsel ? ¶9 Section 46-8-113(1), MCA, authorizes courts to order costs of appointed counsel assigned to represent a defendant.”
State v. J.C., 2004 MT 75 (Mont. 2004). “Section 46-8-113(1), MCA. Section 46-8-113(3), MCA, requires that in determining the amount and payment of costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of costs will impose.”
State v. Moore, 2012 MT 95 (Mont. 2012). “The District Court failed to investigate Moore’s ability to pay costs of appointed counsel or costs of prosecution, as required by § 46-8-113, MCA, and § 46-18-232(2), MCA.”
State v. Madplume, 2017 MT 40 (Mont. 2017). “See § 46-8-113(3), MCA (“In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs .”
— Mont. Code Ann. § 46-8-113(4) — 14 cases
State v. M. Reynolds, 2017 MT 317 (Mont. 2017). “1 Section 46-8-113, MCA. If the defendant pleads guilty to one of more felony charges prior to trial, the cost of counsel is $800.”
State v. Madplume, 2017 MT 40 (Mont. 2017). “See § 46-8-113(3), MCA (“In any proceeding for the determination of whether a defendant is or will be able to pay the costs of counsel, the court shall question the defendant as to the defendant's ability to pay those costs .”
State v. Michelle Gable, 2015 MT 200 (Mont. 2015). “Did the District Court fail to question Gable as to her ability to pay the costs of appointed counsel ? ¶9 Section 46-8-113(1), MCA, authorizes courts to order costs of appointed counsel assigned to represent a defendant.”
State v. M. Hotchkiss, 2020 MT 269 (Mont. 2020). “¶23 Issue Two: Did the District Court err when it ordered the defendant to pay the cost of his public defender without conducting a meaningful inquiry into his ability to pay such expense? ¶24 A district court may require that a convicted defendant pay the costs incurred by his…”
State v. Moore, 2012 MT 95 (Mont. 2012). “The District Court failed to investigate Moore’s ability to pay costs of appointed counsel or costs of prosecution, as required by § 46-8-113, MCA, and § 46-18-232(2), MCA.”
— Mont. Code Ann. § 46-8-113(5) — 3 cases
Horton v. State, 2017 MT 307N (Mont. 2017).
State v. J. Idland, 2024 MT 44N (Mont. 2024).
State v. Byers, 2014 MT 80N (Mont. 2014).
— Mont. Code Ann. § 46-8-113(6) — 2 cases
S. Johnson v. 12th Jud. Dist. (Mont. 2022).
Horton v. State, 2017 MT 307N (Mont. 2017).
— Mont. Code Ann. § 46-8-113(l)(b) — 2 cases
State v. Michelle Gable, 2015 MT 200 (Mont. 2015). “Did the District Court fail to question Gable as to her ability to pay the costs of appointed counsel ? ¶9 Section 46-8-113(1), MCA, authorizes courts to order costs of appointed counsel assigned to represent a defendant.”
State v. Dietsch, 2013 MT 245 (Mont. 2013).
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