Summary
The Supreme Court of Montana held that a district court lacked statutory authority to impose monetary assessments payable to community organizations as conditions of a criminal sentence. The assessments were not authorized statutory fines, limitations on the defendant's conduct, or restitution because they were payable to third-party entities rather than the victim. The court reversed and remanded with instructions to strike the illegal assessments from the sentence.
Topics
Practice areas
Questions Presented
- Whether the District Court had statutory authority to impose monetary assessments payable to community entities as part of Krum's sentence for felony sexual assault.
- If the assessments were unauthorized, what remedy was appropriate.
Holdings
- The assessments were not authorized fines because the statute authorized a fine but Montana law required criminal fines and costs to be paid to the Department of Revenue for deposit in the General Fund, not redirected to community entities.
- Section 46-18-202(1)(f) did not authorize the assessments because they were affirmative donations to third-party community organizations, not limitations on Krum's conduct or restitution paid to the victim.
- The appropriate remedy was to reverse and remand with instructions to strike the illegal assessments rather than order resentencing.
Key quotations
“Without express statutory authority, the District Court may not impose the assessments as part of Krum's sentence.” (661)
“These assessments were made without statutory authority, and as such, are illegal.” (662)
Factual background
A jury found Herman Krum guilty of two counts of felony sexual assault involving a nine-year-old victim. The District Court imposed a twenty-year sentence, suspended except for two years, and included restitution and numerous conditions of probation. It also ordered Krum to pay $5,000 to the Park County Court Automation Fund, $2,500 to the Tri-County Network for Domestic Violence, and $2,500 to Park County Big Brothers and Sisters.
Procedural history
A jury convicted Krum of two counts of felony sexual assault. The District Court imposed a twenty-year sentence, suspended except for two years, and ordered restitution and other conditions, including payments labeled assessments to three community entities. Krum appealed the assessments, and the Montana Supreme Court reversed and remanded with instructions to strike that portion of the sentence.
Remand instructions
Strike the portions of Krum's sentence requiring payment of the $5,000 assessment to the Park County Court Automation Fund, the $2,500 assessment to the Tri-County Network for Domestic Violence, and the $2,500 assessment to Park County Big Brothers and Sisters.