27-1-434. Animal welfare hearing. - Montana Statutes

     27-1-434. Animal welfare hearing. (1) When an animal is seized from a person pursuant to an arrest for an alleged violation of 45-8-211 or 45-8-217, the prosecutor may file a petition for an animal welfare hearing in district court in the county where the arrest was made.
     (2) The petition must contain:
     (a) the purported facts regarding animal neglect and the current condition of the animal;
     (b) any facts demonstrating the animal's extreme disease, injury, or suffering, if applicable; and
     (c) the name and address of the respondent.
     (3) If the court finds probable cause that the animal exhibits extreme disease, injury, or suffering, the court shall set the matter for hearing not more than 10 days after the petition was filed with the clerk of court. Otherwise, the court shall set the matter for hearing not more than 30 days after the petition was filed.
     (4) At the hearing, the court may consider the following factors:
     (a) the propriety of returning the animal to the owner given the alleged facts regarding abuse or neglect;
     (b) the extent of the animal's disease, injury, or suffering, if applicable;
     (c) the likelihood of viable treatment of the animal's condition, if applicable, based upon available veterinary testimony; and
     (d) the availability of funding to provide for the animal's treatment, shelter, and care.
     (5) Upon consideration of the factors listed in subsection (4), the court may order any of the following:
     (a) immediate release of the animal to the owner;
     (b) imposition of a bond or security in an amount sufficient to provide for the animal's care for a minimum of 30 days from the date of seizure;
     (c) euthanization of severely diseased, injured, or suffering animals; or
     (d) retention of the animal in a humane animal treatment shelter.
     (6) A hearing pursuant to this section does not constitute an adjudication with regard to charges filed under 45-8-211 or 45-8-217.

     History: En. Sec. 3, Ch. 366, L. 2003.