Montana Code 46-17-302. Execution of judgment
46-17-302. Execution of judgment. (1) The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted.
Terms Used In Montana Code 46-17-302
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2)When a judgment of imprisonment is entered, a certified copy of the judgment must be delivered to the sheriff or other officer, which is a sufficient warrant for its execution.
(3)If a judgment is rendered imposing a fine only without imprisonment for nonpayment and the offender is not detained for any other legal cause, the offender must be discharged as soon as the judgment is given.
(4)A judgment that the offender pay a fine may also direct that the offender be imprisoned until the fine is satisfied in the proportion of 1 day’s imprisonment for every $75 of the fine. When the judgment is rendered, the offender must be held in custody for the time specified in the judgment unless the fine is paid.
(5)Any officer charged with the collection of fines under the provisions of this chapter shall return the execution to the judge within 30 days from its delivery to the officer and pay the money collected to the judge after deducting the officer’s fees for the collection.