This bill revises existing laws related to bail in Montana, establishing that individuals cannot be admitted to bail without first appearing before a judge in a court of record. It specifies that when a person is arrested on a judicial warrant after being returned from another state, they must appear before the issuing judge unless that judge is unavailable. Additionally, the bill clarifies that the terms of any applicable interstate compact or agreement will apply in such cases.

The bill also updates the criteria for determining bail and the amount of bail. It introduces new considerations for the court, including the defendant's prior history of abscondence and the costs incurred by the government to transport the defendant. Furthermore, it emphasizes that the amount of bail must be reasonable and take into account various factors, such as the nature of the offense, the defendant's financial ability, and their ties to the community. Overall, the bill aims to enhance the judicial process surrounding bail and ensure public safety.

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(2): 46-9-105, 46-9-109, 46-9-301
HB0396_1(3): 46-9-105, 46-9-109, 46-9-301
HB0396_1(4): 46-9-105, 46-9-109, 46-9-301
HB0396_1(5): 46-9-105, 46-9-109, 46-9-301
HB0396_1: 46-9-105, 46-9-109, 46-9-301
HB0396_X(1): 46-9-105, 46-9-109, 46-9-301
HB0396_X(2): 46-9-105, 46-9-109, 46-9-301
HB0396_X(3): 46-9-105, 46-9-109, 46-9-301
HB0396_X(4): 46-9-105, 46-9-109, 46-9-301
HB0396_X: 46-9-105, 46-9-109, 46-9-301