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. § 46-8-115 (2026)

Effect Of Nonpayment

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 8
  4. Part 1
  5. 46-8-115 Effect of nonpayment

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 8. RIGHT TO COUNSEL

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

Effect Of Nonpayment

46-8-115. Effect of nonpayment. (1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance.

(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt.

(3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.

(4) If it appears to the satisfaction of the court that the default in the payment of costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or of each installment, or revoking the order for payment of the unpaid portion of the costs in whole or in part.

(5) A default in the payment of costs or any installment may be collected by any means authorized by law for the enforcement of a judgment. The writ of execution for the collection of costs may not discharge a defendant committed to imprisonment for contempt until the amount of the payment for costs has actually been collected.

History: En. Sec. 6, Ch. 415, L. 1981; amd. Sec. 69, Ch. 800, L. 1991; amd. Sec. 8, Ch. 262, L. 1993; amd. Sec. 44, Ch. 449, L. 2005.

Notes of Decisions
Cited in 3 cases, 1998–2009 · leading case: State v. Ellis, 2007 MT 210, 167 P.3d 896.
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State v. Ellis, 2007 MT 210, 167 P.3d 896. · cites it 5× “Section 46-8-115, MCA, provides that default in payment of costs ordered under § 46-8-113, MCA, may be treated as contempt of court.”
State v. Brummer, 1998 MT 11, 953 P.2d 250. · cites it 2× “See, for example: §§ 46-8-115(1); 46-9-108(2); XX-XX-XXX(2); XX-XX-XXX(2); XX-XX-XXX(1); XX-XX-XXX; XX-XX-XXX; XX-XX-XXX; XX-XX-XXX(1); XX-XX-XXX(3); XX-XX-XXX(1); and XX-XX-XXX(4), MCA.”
State v. Brown, 2009 MT 452, 223 P.3d 874. · cites it 3× “Section 46-8-115(1), MCA (emphasis added).”
Mont. Code Ann. § 46-8-115(1): 2 cases
State v. Brummer, 1998 MT 11, 953 P.2d 250. “See, for example: §§ 46-8-115(1); 46-9-108(2); XX-XX-XXX(2); XX-XX-XXX(2); XX-XX-XXX(1); XX-XX-XXX; XX-XX-XXX; XX-XX-XXX; XX-XX-XXX(1); XX-XX-XXX(3); XX-XX-XXX(1); and XX-XX-XXX(4), MCA.”
State v. Brown, 2009 MT 452, 223 P.3d 874. “Section 46-8-115(1), MCA (emphasis added).”
Mont. Code Ann. § 46-8-115(3): 1 case
State v. Ellis, 2007 MT 210, 167 P.3d 896. “Section 46-8-115, MCA, provides that default in payment of costs ordered under § 46-8-113, MCA, may be treated as contempt of court.”
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