Mont. Code Ann. § 46-9-301
Determining amount of bail
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.
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.
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.