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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-9-301. Determining amount of bail - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-9-301/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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