Montana § 46-9-301 Determining Amount Of Bail

Montana Statutes

§ 46-9-301 — Determining Amount Of Bail

Montana § 46-9-301

Title 46CRIMINAL PROCEDURE

Ch. 9BAIL

Part 3The Amount of Bail

This text of Montana § 46-9-301 (Determining Amount Of Bail) 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. § 46-9-301 (2026).

Text

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 .

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.