Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 32. LAW ENFORCEMENT · Part 22. Detention Centers
Montana Code Annotated

Mont. Code Ann. § 7-32-2245 (2026)

Payment Of Confinement And Medical Costs By Inmate

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 32
  4. Part 22
  5. 7-32-2245 Payment of confinement and medical costs by inmate

TITLE 7. LOCAL GOVERNMENT

CHAPTER 32. LAW ENFORCEMENT

Part 22. Detention Centers

Payment Of Confinement And Medical Costs By Inmate

7-32-2245. Payment of confinement and medical costs by inmate. (1) An inmate found by the sentencing court to have the ability to pay is liable for the costs, including actual medical costs, of the inmate's confinement in a detention center. The rate for confinement costs must be determined in accordance with 46-18-403. Confinement costs, other than actual medical costs, must be ordered by the court and must be paid in advance of confinement and prior to payment of any fine.

(2) If an inmate requires medical treatment, the inmate is responsible for medical costs associated with:

(a) preexisting conditions;

(b) self-inflicted injuries while in custody;

(c) injuries incurred while in custody if the injuries are not the result of negligent or intentionally torturous acts committed by the detention center administrator or a member of the administrator's staff;

(d) injuries incurred during the commission of a crime or while unlawfully resisting arrest or attempting to avoid an arrest; and

(e) any other injuries or illnesses that are not the responsibility of other entities as provided in 7-32-2224 and 7-32-2242(3).

(3) (a) If an inmate is found to be able to pay for the inmate's medical costs, as provided in subsections (1) and (2), the health care provider who treats the inmate shall collect the cost of the treatment from the inmate or the detention center administrator may arrange with the health care provider to pursue reimbursement from a third-party payor for the services provided.

(b) If the health care provider is unable to collect from the inmate or third-party payor within 120 days from the date of the service, the county is responsible for reimbursing the health care provider for the services at:

(i) the medicaid reimbursement rate or at a rate that is 70% of the provider's customary charges, whichever is greater; or

(ii) a negotiated rate.

(c) If the health care provider is reimbursed by the inmate or the third-party payor after the provider has been reimbursed by the county, the provider shall refund to the county the amount that the provider had been paid by the county for the services provided to the inmate.

(4) Inability to pay may not be a factor in providing necessary medical care for an inmate.

(5) This section does not restrict an inmate's right to use a third-party payor.

(6) If a city or town is the arresting agency and commits a person to the detention center of the county in which the city or town is located, the inmate is responsible for the inmate's medical expenses and the provisions of this section apply.

History: En. Sec. 5, Ch. 461, L. 1989; amd. Sec. 3, Ch. 388, L. 1995; amd. Sec. 2, Ch. 579, L. 2003.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2000–2024 · leading case: State v. Ring, 2014 MT 49 (Mont. 2014).
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State v. Ring, 2014 MT 49 (Mont. 2014). · cites it 4× “As the State concedes, § 7-32-2245, MCA, applies only to costs of confinement in a “detention center” and cannot be applied to Ring’s incarceration in the Montana State Prison.”
Shinault v. Hawks, 782 F.3d 1053 (9th Cir. 2015). “For instance, the State of Montana places the authority to collect incarceration costs with the sentencing court, Mont.Code Ann. § 7-32-2245, and notice and the opportunity to *1059 respond is central to determining whether the imposition of costs during sentencing is lawful.”
State v. Johnson, 2000 MT 290 (Mont. 2000). · cites it 2× “¶31 First, the court made no reference whatsoever to the imposition of this cost in its oral sentence, even though under § 7-32-2245(1), MCA, an inmate may be held responsible for the “actual medical costs” accrued during an inmate’s confinement in a detention center upon a…”
State v. Logue, 2021 MT 22N (Mont. 2021). · cites it 4× “Liberally construed to the extent discernible, Logue’s disjointed and ambiguous pro se motions apparently sought retroactive dismissal of the original charge or, alternatively, a “new trial” on the original charge and/or subsequent probation allegations, based on…”
Lowry v. Bragg (Mont. 2022). · cites it 2× “Section 7-32-2224(2)(a), MCA, provides that "[w]hen the inmate is in the custody of a county detention center and the detention center administrator determines that the inmate requires medical treatment, the county or the arresting agency is responsible for medical costs…”
State v. J. Kelley (Mont. 2023). · cites it 2× “The State agrees that, although imposed in the written judgment, the District Court in its oral pronouncement of sentence did not order Kelley to pay the cost of his incarceration in a detention center under § 7-32-2245, MCA. Accordingly, the parties agree that this Court should…”
DeCaccia v. Capt. Bragg (D. Mont. 2023). · cites it 2× “44 at 3, citing Mont. Code Ann. § 7-32-2245 .) Finally, he claims that LCDC violated its own policy by taking more than 50% of his incoming funds.”
Blodgett v. Doherty (D. Mont. 2024). · cites it 2× “See Mont. Code Ann. § 7-32-2245 . Accordingly, County Defendants’ motion to dismiss Blodgett’s retaliation claim is granted.”
State v. Lee, 2015 MT 259 (Mont. 2015). · cites it 2× “He argues (1) that § 7-32-2245(1), MCA, does not provide a district court with the authority to retroactively impose the cost of incarceration in a detention center; (2) that, under § 46-18-201(4)(d), MCA, a district court does not have the authority to make costs of…”
State of Iowa v. Larry Gross (Iowa 2019). “”); Mont. Code Ann. § 7-32-2245 (1) (West, Westlaw through 2019 Sess.”
— Mont. Code Ann. § 7-32-2245(1) — 2 cases
State v. Johnson, 2000 MT 290 (Mont. 2000). “¶31 First, the court made no reference whatsoever to the imposition of this cost in its oral sentence, even though under § 7-32-2245(1), MCA, an inmate may be held responsible for the “actual medical costs” accrued during an inmate’s confinement in a detention center upon a…”
State v. Lee, 2015 MT 259 (Mont. 2015). “He argues (1) that § 7-32-2245(1), MCA, does not provide a district court with the authority to retroactively impose the cost of incarceration in a detention center; (2) that, under § 46-18-201(4)(d), MCA, a district court does not have the authority to make costs of…”
— Mont. Code Ann. § 7-32-2245(2)(a) — 1 case
Lowry v. Bragg (Mont. 2022). “Section 7-32-2224(2)(a), MCA, provides that "[w]hen the inmate is in the custody of a county detention center and the detention center administrator determines that the inmate requires medical treatment, the county or the arresting agency is responsible for medical costs…”
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