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Montana · Through Montana Code Annotated 2025

46-9-301: Determining amount of bail.

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Where this section sits in the code
  1. TITLE 46. CRIMINAL PROCEDURE
  2. CHAPTER 9. BAIL
  3. Part 3. The 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.

Collected 2026-09-14T04:55:43Z. Source file · JSON

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