2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES
Part 2. Services to Victim, Witness
46-24-203. Prompt notification to victims and witnesses of certain offenses.

     46-24-203. Prompt notification to victims and witnesses of certain offenses. (1) A person described in subsection (2) who provides the appropriate official with a current address and telephone number must receive prompt advance notification, if possible, of proceedings relating to the person's case, including:
     (a) the arrest of an accused;
     (b) the release of the accused pending judicial proceedings;
     (c) the crime with which the accused has been charged, including an explanation of the elements of the offense when necessary to an understanding of the nature of the crime;
     (d) proceedings in the prosecution of the accused, including entry of a plea of guilty or nolo contendere and the setting of a trial date;
     (e) if the accused is convicted or pleads guilty or nolo contendere, the function of a presentence report; the name, office address, and telephone number of the person preparing the report; and the convicted person's right of access to the report, as well as the victim's right under 46-18-115 to present a statement in writing or orally at the sentencing proceeding and the convicted person's right to be present at the sentencing proceeding and to have access to the victim's statement;
     (f) the date, time, and place of any sentencing hearing, the sentence imposed, and the term of imprisonment, if imposed; and
     (g) the right under 46-24-212 of a victim of a felony offense to receive information from the department of corrections concerning the convicted person's incarceration.
     (2) A person entitled to notification under subsection (1) must be a victim or witness of a felony offense or a misdemeanor offense involving actual, threatened, or potential bodily injury to the victim, a relative of a victim or witness who is a minor, or a relative of a homicide victim.

     History: En. Sec. 5, Ch. 554, L. 1985; amd. Sec. 33, Ch. 125, L. 1995; amd. Sec. 22, Ch. 395, L. 1999.