Montana § 46-18-242 Investigation And Report Of Victim's Loss

Montana Statutes

§ 46-18-242 — Investigation And Report Of Victim's Loss

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 2 Form of Sentence

46-18-242 . Investigation and report of victim's loss.

(1)(a) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111 :

(i)a list of the offender's assets; and

(ii)an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.

(b)If the court does not order the probation officer, restitution officer, or other designated person to include information about a victim's pecuniary loss or loss of property in a presentence investigation, nothing precludes the victi

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46-18-242 . Investigation and report of victim's loss. (1) (a) Whenever the court believes that a victim may have sustained a pecuniary loss or whenever the prosecuting attorney requests, the court shall order the probation officer, restitution officer, or other designated person to include in the presentence investigation and report if requested pursuant to 46-18-111 :
(i) a list of the offender's assets; and
(ii) an affidavit that specifically describes the victim's pecuniary loss and the replacement value in dollars of the loss, submitted by the victim.
(b) If the court does not order the probation officer, restitution officer, or other designated person to include information about a victim's pecuniary loss or loss of property in a presentence investigation, nothing precludes the victim from providing that information to the probation officer, restitution officer, or other designated person making the presentence investigation and report.
(2) When a presentence report is not requested, the court shall accept evidence of the victim's loss at the time of sentencing.

Montana § 46-18-242 (Investigation And Report Of Victim's Loss) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 2, Ch. 426, L. 1983; amd. Sec. 14, Ch. 125, L. 1995; amd. Sec. 3, Ch. 118, L. 2001; amd. Sec. 4, Ch. 272, L. 2003; amd. Sec. 14, Ch. 456, L. 2019; amd. Sec. 7, Ch. 463, L. 2025.