Montana § 46-9-105 General Authority For Release And Detention

Montana Statutes

§ 46-9-105 — General Authority For Release And Detention

Montana § 46-9-105

Title 46CRIMINAL PROCEDURE

Ch. 9BAIL

Part 1Definition and Availability of Bail

This text of Montana § 46-9-105 (General Authority For Release And Detention) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-9-105 (2026).

Text

46-9-105 . General authority for release and detention.

(1)An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411 , the person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply.

(2)If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as orde

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46-9-105 . General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411 , the person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply.
(2) If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction.