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Mont. Code Ann. § 46-9-301

Determining amount of bail

En. 95-1110 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1110; amd

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.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.