The bill aims to revise laws related to bail in Montana by establishing new requirements for individuals seeking bail. It stipulates that a person arrested on a judicial warrant after being returned from another state cannot be admitted to bail without first appearing before the issuing judge, unless that judge is unavailable. In such cases, another judge in the same jurisdiction may consider the bail request. Additionally, the bill emphasizes that the terms of any applicable interstate compact or agreement, as well as relevant federal laws, must be adhered to when determining bail.

Furthermore, the bill modifies the criteria for assessing bail and the amount set. It introduces considerations such as the defendant's prior history of abscondence and the costs incurred by the government to transport the defendant, as well as whether the defendant must be detained under an interstate compact or agreement. The amendments also clarify that the amount of bail must be reasonable and take into account various factors, including the nature of the offense, the defendant's financial ability, and their ties to the community. Overall, the bill seeks to ensure a more structured and fair approach to bail determinations in Montana.

Statutes affected:
LC Text: 46-9-105, 46-9-109, 46-9-301
HB0396_1(1): 46-9-105, 46-9-109, 46-9-301
HB0396_1: 46-9-105, 46-9-109, 46-9-301