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 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. 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; amd. Sec. 3, Ch. 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; amd. Sec. 3, Ch. 209, L. 2013.
Montana Legal Code
§ 46-9-301
Source: https://mca.legmt.gov/bills/mca/title_0460/chapter_0090/part_0030/section_0010/0460-0090-0030-0010.html· Version 2025