Montana Code 46-9-302. Bail schedule — acceptance by peace officer
46-9-302. Bail schedule — acceptance by peace officer. (1) A judge may establish and post a schedule of bail for offenses over which the judge has original jurisdiction. A person may not be released on bail without first appearing before the judge when the offense is:
Terms Used In Montana Code 46-9-302
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means a place where justice is judicially administered and includes the judge of the court. 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.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. 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
(a)any assault on a partner or family member, as partner or family member is defined in 45-5-206;
(b)strangulation of a partner or family member, as defined in 45-5-215;
(c)stalking, as defined in 45-5-220;
(d)violation of an order of protection, as defined in 45-5-626; or
(e)violation of a no contact order, as defined in 45-5-209.
(2)A peace officer may:
(a)accept bail on behalf of a judge:
(i)in accordance with the bail schedule established under subsection (1); or
(ii)whenever the warrant of arrest specifies the amount of bail; or
(b)with the offender’s permission, accept an unexpired driver’s license in lieu of bail for a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, as provided in subsection (4).
(3)Whenever a peace officer accepts bail, the officer shall give a signed receipt to the offender setting forth the bail received. The peace officer shall then deliver the bail to the judge before whom the offender is to appear, and the judge shall give a receipt to the peace officer for the bail delivered.
(4)Whenever a peace officer accepts an unexpired driver’s license in lieu of bail, the peace officer shall give the offender a signed driving permit, in a form prescribed by the department. The permit must acknowledge the officer’s acceptance of the offender’s driver’s license and serves as a valid temporary driving permit authorizing the operation of a motor vehicle by the offender. The permit is effective as of the date the permit is signed and remains in effect through the date of the appearance listed on the permit. The peace officer shall deliver the driver’s license to the judge before whom the offender is to appear, and the judge shall give the peace officer a receipt acknowledging delivery of the offender’s driver’s license to the court. After the filing of the complaint and the appearance of the defendant, the judge shall assume jurisdiction and may extend the date of the driving permit for a period of up to 6 months from the defendant’s initial appearance date.
(5)The judge shall return a driver’s license that has been accepted in lieu of bail to a defendant:
(a)after the required bail has been posted or there has been a final determination of the charge; and
(b)if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.