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Section 46-9-301 – Determining amount of bail

May 13, 2021 | Criminal Procedure, Montana

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.

ยง 46-9-301, MCA

Amended by Laws 2013, Ch. 209, Sec. 3, eff. 10/1/2013.
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.