Montana § 3-1-318 Surcharges Upon Certain Criminal Convictions -- Exception

Montana Statutes

§ 3-1-318 — Surcharges Upon Certain Criminal Convictions -- Exception

Montana § 3-1-318

Title 3JUDICIARY, COURTS

Ch. 1COURTS AND JUDICIAL OFFICERS GENERALLY

Part 3General Rules Regarding Procedure

This text of Montana § 3-1-318 (Surcharges Upon Certain Criminal Convictions -- Exception) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 3-1-318 (2026).

Text

3-1-318 . Surcharges upon certain criminal convictions -- exception.

(1)Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.

(2)A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.

(3)The

Free access — add to your briefcase to read the full text and ask questions with AI

3-1-318 . Surcharges upon certain criminal convictions -- exception. (1) Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.
(2) A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.
(3) The surcharge imposed by this section is not a fee or a fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.
(4) The amounts collected under this section must be deposited in the court-appointed special advocate account established in 3-1-707 .