1. MCA Contents
  2. TITLE 46
  3. CHAPTER 8
  4. Part 1
  5. 46-8-114 Time and method of payment

Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 8. RIGHT TO COUNSEL

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

Time And Method Of Payment

46-8-114. Time and method of payment. (1) Except as provided in subsection (2), when a defendant is sentenced to pay the costs of assigned counsel pursuant to 46-8-113, the court may order payment to be made within a specified period of time or in specified installments.

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

(3) For public defender fees assessed prior to July 1, 2017, payments must be made to the clerk of the sentencing court for allocation as provided in 46-18-201, 46-18-232, and 46-18-251 and deposited in the general fund.

(4) For public defender fees assessed on or after July 1, 2017, payments must be made directly to the office of state public defender and deposited in the general fund.

History: En. Sec. 5, Ch. 415, L. 1981; amd. Sec. 1, Ch. 295, L. 1985; amd. Sec. 9, Ch. 680, L. 1985; amd. Sec. 68, Ch. 800, L. 1991; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 39, Ch. 585, L. 2001; amd. Sec. 43, Ch. 449, L. 2005; amd. Sec. 4, Ch. 344, L. 2011; amd. Sec. 2, Ch. 17, L. 2015; amd. Sec. 1, Ch. 5, L. 2019.