Montana Code 46-9-301. Determining amount of bail
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:
Terms Used In Montana Code 46-9-301
- Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(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.