The bill revises laws related to pretrial release by granting sheriffs the authority to release defendants on their own recognizance under specific circumstances. A sheriff may release a defendant who was arrested without a warrant and for whom law enforcement has not submitted a probable cause statement, provided the individual agrees in writing to appear for future court proceedings and meets the criteria outlined in a written policy established by the sheriff. This policy must consider various factors, including the defendant's criminal history, employment status, community ties, and any potential risks to victims or the public. Additionally, the bill defines "disqualifying offenses" that would prevent a defendant from being released on their own recognizance.

The bill also amends Section 46-9-111 of the Montana Code Annotated to clarify that individuals in custody may be released on their personal recognizance either by the court or by a sheriff, with the requirement that they are informed of the penalties for failing to comply with the terms of their release. The new provisions are intended to be codified as part of Title 46, chapter 9, part 1, ensuring that the updated regulations are integrated into existing law.

Statutes affected:
SB0459_1.pdf: 46-9-111
SB0459_2.pdf: 46-9-111
Amended: 46-9-111
Introduced: 46-9-111