Montana § 46-18-401 - Consecutive Sentences
Full text of Montana Montana Code Annotated § 46-18-401 — Consecutive Sentences, with citation guidance and answers to common questions.
§ 46-18-401. Consecutive Sentences
Consecutive sentences. (1) Unless the judge otherwise orders: (a) whenever a person serving a term of commitment imposed by a court in this state is committed for another offense, the shorter term or shorter remaining term may not be merged in the other term; and (b) whenever a person under suspended sentence or on probation for an offense committed in this state is sentenced for another offense, the period still to be served on suspended sentence or probation may not be merged in any new sentence of commitment or probation. (2) The court, whether or not it merges the sentences, shall immediately furnish each of the other courts and the penal institutions in which the defendant is confined under sentence with authenticated copies of its sentence, which must cite any sentence that is merged. (3) If an unexpired sentence is merged pursuant to subsection (1), the court that imposed the sentence shall modify it in accordance with the effect of the merger. (4) Separate sentences for two or more offenses must run consecutively unless the court otherwise orders. (5) If a sentence is revoked pursuant to 46-18-203 , the sentence imposed upon revocation must run consecutively to any other previously existing sentence unless the suspended or deferred sentence that is being revoked ran concurrently to the previously existing sentence.
Frequently Asked Questions About Montana § 46-18-401
What does Montana Code Annotated § 46-18-401 cover?
Section 46-18-401 ("Consecutive Sentences") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 46-18-401?
A common citation format is "Montana Code Annotated § 46-18-401" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 46-18-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.