Mont. Code Ann. § 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.

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 (HB 37 - Campbell, Margarett (D) HD 31)
Amd. Sec. 3, Ch. 209, L. 2013 (SB 11 - Caferro, Mary (D) SD 40)
Amd. Sec. 3, Ch. 651, L. 2025 (HB 396 - Overstreet, Greg (R) HD 88)