Montana Code Annotated 2023



Part 3. The Amount of Bail

Determining 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 length of time the defendant has resided in the community and of the defendant's ties to the community;

(9) considerate of the defendant's family relationships and ties;

(10) considerate of the defendant's mental health status and of the defendant's participation in a mental health treatment program;

(11) considerate of the defendant's employment status; and

(12) 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; amd. Sec. 1741, Ch. 56, L. 2009; amd. Sec. 3, Ch. 209, L. 2013.