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§ 46-1-502 — Montana Law | CourtGPT
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Montana Legal Code

§ 46-1-502

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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

(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. History: En. Sec. 2, Ch. 203, L. 2007; amd. Sec. 6, Ch. 225, L. 2013; amd. Sec. 8, Ch. 394, L. 2017.

Source: https://mca.legmt.gov/bills/mca/title_0460/chapter_0010/part_0050/section_0020/0460-0010-0050-0020.html· Version 2025