Montana § 46-1-502 Mediation

Montana Statutes

§ 46-1-502 — Mediation

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 1 GENERAL PROVISIONS·Part 5 Mediation of Criminal Proceedings

46-1-502 . Mediation.

(1)At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.

(2)The proceeding may not be referred for mediation if the offense charged is:

(a)deliberate homicide, as described in 45-5-102 ;

(b)mitigated deliberate homicide, as described in 45-5-103 ;

(c)intimidation, as described in 45-5-203 ;

(d)partner or family member assault, as described in 45-5-206 ;

(e)assault on a minor, as described in 45-5-212 ;

(f)strangulation of a partner or family member, as described in 45-5-215 ;

(g)stalking, as described in 45-5-220 ;

(h)aggravated kidnapping, as described in 45-5-303 ;

(i)

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46-1-502 . Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.
(2) The proceeding may not be referred for mediation if the offense charged is:
(a) deliberate homicide, as described in 45-5-102 ;
(b) mitigated deliberate homicide, as described in 45-5-103 ;
(c) intimidation, as described in 45-5-203 ;
(d) partner or family member assault, as described in 45-5-206 ;
(e) assault on a minor, as described in 45-5-212 ;
(f) strangulation of a partner or family member, as described in 45-5-215 ;
(g) stalking, as described in 45-5-220 ;
(h) aggravated kidnapping, as described in 45-5-303 ;
(i) a sex crime, as described in 45-5-502 , 45-5-503 , 45-5-504 , or 45-5-507 ;
(j) endangering the welfare of children, as described in 45-5-622 ;
(k) sexual abuse of children, as described in 45-5-625 ; or
(l) ritual abuse of a minor, as described in 45-5-627 .
(3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.
(4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.
(5) This section does not prohibit the parties from engaging in traditional plea negotiations.

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