Montana Code Annotated 2001

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     46-9-301. Determining the amount of bail. In all cases that bail is determined to be necessary, bail must be reasonable in amount and the amount shall be:
     (1) sufficient to ensure the presence of the defendant in a pending criminal proceeding;
     (2) sufficient to assure 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 length of time the defendant has resided in the community and of his ties to the community;
     (9) considerate of the defendant's family relationships and ties;
     (10) considerate of the defendant's employment status; and
     (11) sufficient to include the charge imposed in 46-18-236.

     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.

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