On November 8, 2016, Montana voters passed CI-116, otherwise known as Marsy’s Law. Marsy’s Law expands and elevates the rights afforded to crime victims in the State of Montana. Marsy's Law is effective July 1st, 2017. If you are a victim of a crime, the Constitution of the State of Montana gives you the following rights:
Statement of Marsy’s Rights
- The right to due process and to be treated with fairness and respect.
- The right to be free from intimidation, harassment, and abuse.
- The right to be reasonably protected from the accused and any person acting on the accused’s behalf.
- The right to have your safety and welfare be considered when a court sets bail and makes release decisions.
- The right to prevent disclosure of information that could be used to locate or harass you or that contains confidential or privileged information about you.
- The right to privacy, including the right to refuse an interview, deposition, or other discovery request, and to set reasonable conditions on the conduct of any interaction to which you consent.
- The right to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating your rights as a victim.
- The right to be promptly notified of any release or escape of the accused;
- The right to be heard in any proceeding involving release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating your rights as a victim.
- The right to confer with the prosecuting attorney.
- The right to provide information regarding the impact the offender’s conduct had on you for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court.
- The right to receive a copy of any presentence report and any other report or record relevant to the exercise of your rights as a victim, except for those portions made confidential by law.
- The right to the prompt return of your property when no longer needed as evidence in the case.
- The right to full and timely restitution.
- The right to proceedings free from unreasonable delay and to prompt and final conclusion of the case any related post-judgment proceedings.
- The right to be informed of the conviction, sentence, adjudication, place and time of incarceration or other disposition of the offender, including any scheduled release date, actual release date or escape.
- The right to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender.
- The right to be informed of the rights you have as a crime victim, and your right to seek the advice and assistance of an attorney with respect to the aforementioned rights.
- The right to seek enforcement of these rights in any trial or appellate court or with any other authority with jurisdiction over the case.
To request restitution, please complete this Restitution Request and return it to the City Attorney’s Office any supporting documentation.
For more information regarding any of these rights please contact firstname.lastname@example.org or 406-582-2309.
If you are a victim of a violent crime, please contact the Gallatin County Victim Services Program to speak with an advocate at 406-582-2075.
HAVEN can be contacted 24 hours a day, 7 days a week at 406-586-4111 or at http://havenmt.org/ for immediate assistance or for more information regarding domestic violence, stalking and sexual assault services in our area.