Bill > SB552

This bill amends Montana criminal justice laws to allow a county attorney to petition for transferring a revocation hearing for a suspended or deferred sentence when a defendant who previously received such a sentence in one county is charged with a new felony in a different county. Specifically, the bill enables a county attorney in the jurisdiction where the new felony is alleged to have occurred to file a petition with the original sentencing court to transfer the revocation matter to the county of the new alleged offense. The petition must be served on the original county attorney, sentencing judge, victims, and the defendant. The bill also introduces a $120 filing fee for such transfer requests. Additionally, the bill clarifies procedural details around probation revocation hearings, including the standards of proof required (preponderance of evidence), potential outcomes (continuing the sentence, modifying conditions, revoking the sentence), and the rights of the offender during such proceedings. The changes apply to all offenders with suspended or deferred sentences, regardless of the date of conviction, and aim to provide more flexibility in managing cases where an offender commits a new offense in a different county from their original sentencing.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0041