Matter of Courts of Limited Jurisdi

CourtMontana Supreme Court
DecidedApril 21, 2010
Docket06-0263
StatusPublished

This text of Matter of Courts of Limited Jurisdi (Matter of Courts of Limited Jurisdi) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Courts of Limited Jurisdi, (Mo. 2010).

Opinion

IN THE SUPREME COURT OF THE STATE OF MONTANA No. AF 06-0263

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IN RE THE APPROVAL OF THE APRIL 2010 MONTANA SUPREME COURT BOND SCHEDULE ORDER FOR COURTS OF LIMITED JURISDICTION

The Supreme Court’s Commission on Courts of Limited Jurisdiction Bond Book Subcommittee, in conjunction with the Office of the Court Administrator, has prepared, reviewed and approved the attached April 2010 Montana Supreme Court Bond Schedule for Courts of Limited Jurisdiction. It is appropriate that this Court enter an order authorizing use of this revised bond schedule. Therefore, IT IS ORDERED that the attached 2010 Montana Supreme Court Bond Schedule for Courts of Limited Jurisdiction is approved for use by the courts of limited jurisdiction, provided, however, that this schedule of bonds is RECOMMENDED ONLY and shall not be deemed to in any way infringe upon the discretion of the judge or justice of the peace to order or set any lesser or greater bond that may be authorized by law under the circumstances of the case, and further, that to the extent of any conflict between recommended bond and a controlling statute, rule or other legal authority, the latter shall control. IT IS FURTHER ORDERED that the Supreme Court Administrator’s Office shall furnish each judge of a court of limited jurisdiction and each justice of the peace one

1 copy of this Order and the attached April 2010 Montana Supreme Court Bond Schedule, and post a copy of the document in electronic form on the Judicial Branch website. DATED the 20th day of April, 2010.

/S/ MIKE McGRATH /S/ JAMES C. NELSON /S/ W. WILLIAM LEAPHART /S/ JIM RICE /S/ PATRICIA O. COTTER /S/ MICHAEL E WHEAT /S/ BRIAN MORRIS

2 MONTANA SUPREME COURT BOND SCHEDULE

APRIL 2010

Developed by the Montana Supreme Court and the COCOLJ Bond Book Subcommittee

301 South Park Avenue, Suite 328 Helena, MT 59601 1-800-284-6017 Montana Supreme Court Bond Schedule April 2010 Bond Book Contacts

Court Contacts Lisa Mader, FullCourt Coordinator Montana Supreme Court

Judge Larry Herman, Bond Book Subcommittee Chair Yellowstone County Justice Court lherman@co.yellowstone.mt.gov

Judge Larry Carver, Bond Book Subcommittee Member Judith Basin County Justice Court

Judge Gayle Stahl, Bond Book Subcommittee Member Phillips County Justice Court

Agency Contact Name Department of Fish, Wildlife, and Parks, Enforcement Mike Korn

Department of Fish, Wildlife, and Parks, Enforcement Jim Kropp

Department of Justice, Board of Crime Control Tom Woodgerd

Department of Justice, Gambling Control Rick Ask

Department of Justice, Montana Highway Patrol – Havre Mark Bosch

Department of Justice, Motor Vehicle Division Greg Noose

Department of Livestock -- http://www.liv.mt.gov/ John Grainger

Department of Labor & Industry, Business & Occupational Licensing Jeannie Worsech

Department of Transportation, Motor Carrier Services Jodee Alm

Department of Transportation, Motor Carrier Services Daniel Moore FELONY ENHANCEMENTS TITLE 45: FELONY ENHANCEMENTS

MCA Section Crime Offense Maximum Penalties Mandatory Minimums Pg. § 45-5-206 PARTNER OR 1st • $1,000 fine and 1 year jail. • $100 fine and 1 day jail. FAMILY MEMBER • Pay for/complete counseling assessment • Pay for/complete counseling assessment ASSAULT with focus on violence, controlling behavior, with focus on violence, controlling behavior, dangerousness and chemical dependency, and dangerousness and chemical dependency, and follow all recommendations. follow all recommendations. • 40 hours counseling and treatment. • 40 hours counseling and treatment. • Restitution as to victim’s actual medical, • Restitution as to victim’s actual medical, housing, wage loss and counseling costs based housing, wage loss and counseling costs based upon ability to pay as provided for in upon ability to pay as provided for in § 46-18-242. § 46-18-242. • Probation may be ordered as well as any other • Probation may be ordered as well as any other treatment the Court feels necessary. treatment the Court feels necessary. • Offender may be prohibit an offender from • Offender may be prohibit an offender from possessing or using the firearm used in the possessing or using the firearm used in the assault. The Court may enforce 4-58-323 if a assault. The Court may enforce 4-58-323 if a firearm was used in the assault. firearm was used in the assault. • The Judge should consider the presence of a • The Judge should consider the presence of a minor. minor. 2nd • $1,000 fine and 1 year jail. • $300 fine and 72 hours jail. (See ACE and restitution requirements above). (See ACE and restitution requirements above.) 3rd or FELONY ENHANCEMENT Subsequent Maximum Penalty $50,000 fine or 5 years imprisonment, or both. Minimum Penalty $500 fine and 30 days jail, or both. Upon conviction, federal prohibition of firearm use and ownership. § 45-5-220 STALKING (NO 1st • $1,000 fine or 1 year jail, or both. RESTRAINING • May be sentenced to pay all medical, counseling ORDER IN PLACE) and other costs incurred by or on behalf of the victim as a result of the offense. 2nd or FELONY ENHANCEMENT Subsequent Maximum Penalty $10,000 fine or 5 years imprisonment, or both. Note: If the victim has a restraining order in place, the first offense is a felony. MCA Section Crime Offense Maximum Penalties Mandatory Minimums Pg. § 45-5-223 SURREPTITIOUS 1st • $500 fine or 6 months jail, or both. VISUAL 2nd • $1,000 fine or 1 year jail, or both. OBSERVATION OR 3rd or RECORDATION – Subsequent FELONY ENHANCEMENT PLACE OF Maximum Penalty $10,000 fine or 5 years imprisonment, or both. RESIDENCE SURREPTITIOUS If Adult • $1,000 fine or 6 months jail, or both. VISUAL Victim OBSERVATION OR If Minor RECORDATION – Victim FELONY OFFENSE PUBLIC Maximum Penalty $5,000 fine or 2 years imprisonment, or both. ESTABLISHMENT § 45-5-504 INDECENT 1st • $500 fine or 6 months jail, or both. EXPOSURE 2nd • $1,000 or 1 year jail, or both. 3rd or FELONY ENHANCEMENT Subsequent Maximum Penalty $10,000 fine and life imprisonment. Minimum Penalty 5 to 100 years imprisonment. § 45-5-601 PROSTITUTION – 1st • $500 or 6 months jail, or both. PROSTITUTE PROSTITUTION – 1st • $1,000 or 1 year jail, or both. CLIENT 2nd or FELONY ENHANCEMENT Subsequent Maximum Penalty $10,000 fine or 5 years imprisonment, or both. § 45-5-626 VIOLATION OF 1st • $500 fine or 6 months jail, or both. ORDER OF 2nd • $500 fine and 6 months jail. • $200 fine and 24 hours jail. PROTECTION 3rd or FELONY ENHANCEMENT Subsequent Maximum Penalty $2,000 fine and 2 years imprisonment in county jail or state prison. Minimum Penalty $500 fine and 10 days in county jail or state prison. § 45-6-319 CHAIN 1st • $1,000 fine or 1 year jail, or both DISTRIBUTOR Subsequent FELONY ENHANCEMENT SCHEMES Maximum Penalty $5,000 or 5 years jail, or both. MCA Section Crime Offense Maximum Penalties Mandatory Minimums Pg. § 45-8-211 CRUELTY TO 1st • $1,000 fine or 1 year jail, or both. ANIMALS • Pay all reasonable costs for necessary veterinary attention and treatment for any affected animal. • Prohibited or limited from owning, possessing or having custody of animals as the court believes appropriate. • If the offender is the owner of the animal, may be required to forfeit any animal affected to the county. 2nd or FELONY ENHANCEMENT Subsequent Maximum Penalty $2,500 fine and 2 years in jail, or both. Must pay all reasonable costs incurred in providing necessary veterinary attention and treatment for any animal affected. Shall be prohibited or limited from owning, possessing or having custody of animals as the court believes appropriate. If the offender is the owner of the animal, may be required to forfeit any animal affected to the county in which the person is convicted. Felony also applies to first offense of Aggravated Cruelty to Animals pursuant to M.C.A. § 45-8-217.

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