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.

Terms Used In Montana Code 46-1-502

  • Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Party: means any one of the following, and "parties" means all of the following:

    (a)the defendant;

    (b)a victim of the crime; or

    (c)the county attorney or other prosecuting attorney. See Montana Code 46-1-501

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • Verdict: The decision of a petit jury or a judge.

(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 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.