Montana § 46-9-301 - Determining Amount Of Bail

§ 46-9-301. Determining Amount Of Bail

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 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 .