(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 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.
ยง 46-1-502, MCA
Amended by Laws 2017, Ch. 394,Sec. 8, eff. 5/19/2017.Amended by Laws 2013, Ch. 225, Sec. 6, eff. 10/1/2013.En. Sec. 2, Ch. 203, L. 2007.
