Montana § 46-1-503 Factors To Use In Determining Appropriateness Of Mediation

Montana Statutes

§ 46-1-503 — Factors To Use In Determining Appropriateness Of Mediation

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

46-1-503 . Factors to use in determining appropriateness of mediation. In deciding whether mediation is appropriate, the court may consider:

(1)the nature of the offense;

(2)any special circumstances or characteristics of the defendant or any victim;

(3)whether the defendant previously participated in mediation in the current or a prior proceeding;

(4)whether it is probable that the defendant will cooperate with the mediator;

(5)the recommendation of any victim or victims;

(6)the recommendation of any involved law enforcement agency;

(7)whether a qualified mediator is available;

(8)the type of sentence, including any treatment, that the defendant would most likely be amenable to, whether the best interests of the defendant and the security of the public may require that the defenda

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46-1-503 . Factors to use in determining appropriateness of mediation. In deciding whether mediation is appropriate, the court may consider:
(1) the nature of the offense;
(2) any special circumstances or characteristics of the defendant or any victim;
(3) whether the defendant previously participated in mediation in the current or a prior proceeding;
(4) whether it is probable that the defendant will cooperate with the mediator;
(5) the recommendation of any victim or victims;
(6) the recommendation of any involved law enforcement agency;
(7) whether a qualified mediator is available;
(8) the type of sentence, including any treatment, that the defendant would most likely be amenable to, whether the best interests of the defendant and the security of the public may require that the defendant be placed in secure detention or under supervision, and whether there are facilities available for treatment and rehabilitation of the defendant;
(9) whether there is evidence that the charged offense included violence or was otherwise committed in an aggressive and premeditated manner;
(10) the motivation for the commission of the charged offense;
(11) the age of the defendant and of any codefendant or victim;
(12) the previous history of the defendant, including any criminal history and any other prior antisocial behavior or pattern of physical violence;
(13) the sophistication and maturity of the defendant as determined by factors such as home, employment, school activities, emotional attitude, and pattern of living;
(14) whether any victim wishes to address the parties and mediator during mediation; and
(15) other matters that the court believes are relevant.

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