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.
| EnactedEn. 95-1110 by SectionSec. 1, ChapterCh. 196, Laws ofL. 1967 |
| Revised Codes of MontanaR.C.M. 1947, 95-1110 |
| AmendedAmd. SectionSec. 3, ChapterCh. 692, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 2, ChapterCh. 17, Sp. Laws ofL. June 1986 |
| AmendedAmd. SectionSec. 1741, ChapterCh. 56, Laws ofL. 2009 (HB 37 - Campbell, Margarett (D) HD 31) |
| AmendedAmd. SectionSec. 3, ChapterCh. 209, Laws ofL. 2013 (SB 11 - Caferro, Mary (D) SD 40) |
| AmendedAmd. SectionSec. 3, ChapterCh. 651, Laws ofL. 2025 (HB 396 - Overstreet, Greg (R) HD 88) |