The bill revises laws regarding the appointment of public defenders in Montana, specifically addressing misdemeanors where incarceration is not a potential sentence. It establishes that if a prosecutor waives the opportunity to seek incarceration as part of a defendant's sentence, the court must issue a written order indicating that incarceration will not be imposed if the defendant is convicted. Additionally, the bill mandates that prosecutors must notify the court within five business days of filing a misdemeanor charge whether they will seek incarceration, and if this notification is not provided, it is considered a waiver of that option.

Furthermore, the bill amends existing sections of the Montana Code Annotated (MCA) to clarify the circumstances under which a public defender may be appointed. It specifies that a public defender can be assigned if the defendant is financially unable to retain private counsel and the offense charged is a misdemeanor for which incarceration is a possibility, unless the prosecution has waived that option. The bill also includes exceptions for certain misdemeanor offenses, ensuring that defendants charged with specific violations still have access to public defense services regardless of the potential for incarceration.

Statutes affected:
HB0692_1.pdf: 46-8-101, 46-11-401, 47-1-104
HB0692_2.pdf: 46-8-101, 46-11-401, 47-1-104
Amended: 46-8-101, 46-11-401, 47-1-104
Introduced: 46-8-101, 46-11-401, 47-1-104