Montana § 46-9-301 Determining Amount Of Bail

Montana Statutes

§ 46-9-301 — Determining Amount Of Bail

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 9 BAIL·Part 3 The Amount of Bail

46-9-301 . Determining amount of bail. In all cases in which bail is determined to be necessary, bail must be reasonable in amount and the amount must be:

(1)sufficient to ensure the presence of the defendant in a pending criminal proceeding;

(2)sufficient to ensure compliance with the conditions set forth in the bail;

(3)sufficient to protect any person from bodily injury;

(4)not oppressive;

(5)commensurate with the nature of the offense charged;

(6)considerate of the financial ability of the accused;

(7)considerate of the defendant's prior record;

(8)considerate of the defendant's prior history of abscondence and fugitivity, including costs incurred by a government entity to transport the defendant to this state;

(9)considerate of the length of time the defendant has resided in

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46-9-301 . Determining amount of bail. In all cases in which bail is determined to be necessary, bail must be reasonable in amount and the amount must be:
(1) sufficient to ensure the presence of the defendant in a pending criminal proceeding;
(2) sufficient to ensure compliance with the conditions set forth in the bail;
(3) sufficient to protect any person from bodily injury;
(4) not oppressive;
(5) commensurate with the nature of the offense charged;
(6) considerate of the financial ability of the accused;
(7) considerate of the defendant's prior record;
(8) considerate of the defendant's prior history of abscondence and fugitivity, including costs incurred by a government entity to transport the defendant to this state;
(9) considerate of the length of time the defendant has resided in the community and of the defendant's ties to the community;
(10) considerate of the defendant's family relationships and ties;
(11) considerate of the defendant's mental health status and of the defendant's participation in a mental health treatment program;
(12) considerate of the defendant's employment status; and
(13) sufficient to include the charge imposed in 46-18-236 .

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Legislative History

En. 95-1110 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1110; amd. Sec. 3, Ch. 692, L. 1985; amd. Sec. 2, Ch. 17, Sp. L. June 1986; amd. Sec. 1741, Ch. 56, L. 2009; amd. Sec. 3, Ch. 209, L. 2013; amd. Sec. 3, Ch. 651, L. 2025.