reglab/housing_qa huggingface dataset:
MT Code § 46-8-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-114. Time and method of payment

  46-8-114. Time and method of payment. (1) Except as provided in subsection (2), when a defendant is sentenced to pay the costs of assigned counsel pursuant to 46-8-113, the court may order payment to be made within a specified period of time or in specified installments.   (2) A defendant's obligation to make payments for the cost of counsel is suspended during periods of incarceration.   (3) For public defender fees assessed prior to July 1, 2017, payments must be made to the clerk of the sentencing court for allocation as provided in 46-18-201, 46-18-232, and 46-18-251 and deposited in the general fund.   (4) For public defender fees assessed on or after July 1, 2017, payments must be made directly to the office of state public defender and deposited in the general fund.   History: En. Sec. 5, Ch. 415, L. 1981; amd. Sec. 1, Ch. 295, L. 1985; amd. Sec. 9, Ch. 680, L. 1985; amd. Sec. 68, Ch. 800, L. 1991; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 39, Ch. 585, L. 2001; amd. Sec. 43, Ch. 449, L. 2005; amd. Sec. 4, Ch. 344, L. 2011; amd. Sec. 2, Ch. 17, L. 2015; amd. Sec. 1, Ch. 5, L. 2019.
MT Code § 46-8-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 1. Extent of Right -- Indigency Repayment of Costs|46-8-115. Effect of nonpayment

  46-8-115. Effect of nonpayment. (1) When a defendant who is sentenced to pay the costs of assigned counsel defaults in payment of the costs or of any installment, the court on motion of the prosecutor or on its own motion may require the defendant to show cause why the default should not be treated as contempt of court and may issue a show cause citation or an arrest warrant requiring the defendant's appearance.   (2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the default constitutes civil contempt.   (3) The term of imprisonment for contempt for nonpayment of the costs of assigned counsel must be set forth in the judgment and may not exceed 1 day for each $25 of the payment, 30 days if the order for payment of costs was imposed upon conviction of a misdemeanor, or 1 year in any other case, whichever is the shorter period. A person committed for nonpayment of costs must be given credit toward payment for each day of imprisonment at the rate specified in the judgment.   (4) If it appears to the satisfaction of the court that the default in the payment of costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or of each installment, or revoking the order for payment of the unpaid portion of the costs in whole or in part.   (5) A default in the payment of costs or any installment may be collected by any means authorized by law for the enforcement of a judgment. The writ of execution for the collection of costs may not discharge a defendant committed to imprisonment for contempt until the amount of the payment for costs has actually been collected.   History: En. Sec. 6, Ch. 415, L. 1981; amd. Sec. 69, Ch. 800, L. 1991; amd. Sec. 8, Ch. 262, L. 1993; amd. Sec. 44, Ch. 449, L. 2005.
MT Code § 46-8-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-201. Repealed

  46-8-201. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. 95-1005 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 186, L. 1973; amd. Sec. 1, Ch. 15, L. 1974; amd. Sec. 9, Ch. 184, L. 1977; R.C.M. 1947, 95-1005; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2, Ch. 295, L. 1985; amd. Sec. 10, Ch. 680, L. 1985; amd. Sec. 8, Ch. 1, Sp. L. 1985; amd. Sec. 7, Ch. 704, L. 1991; amd. Sec. 70, Ch. 800, L. 1991; amd. Sec. 9, Ch. 262, L. 1993; amd. Sec. 40, Ch. 585, L. 2001.
MT Code § 46-8-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-202. Repealed

  46-8-202. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. 95-1006 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1006; amd. Sec. 11, Ch. 680, L. 1985; amd. Sec. 56, Ch. 7, L. 2001; amd. Sec. 41, Ch. 585, L. 2001; amd. Sec. 6, Ch. 583, L. 2003.
MT Code § 46-8-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-203. through 46-8-209 reserved

  46-8-203 through 46-8-209 reserved.
MT Code § 46-8-210 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-210. Repealed

  46-8-210. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. Sec. 1, Ch. 781, L. 1991.
MT Code § 46-8-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-211. Repealed

  46-8-211. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. Sec. 3, Ch. 781, L. 1991.
MT Code § 46-8-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-212. Repealed

  46-8-212. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. Sec. 4, Ch. 781, L. 1991.
MT Code § 46-8-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 8. Right to Counsel|Part 2. Compensation of Assigned Counsel (Repealed)|46-8-213. Repealed

  46-8-213. Repealed. Secs. 74, 80(2), Ch. 449, L. 2005.   History: En. Sec. 5, Ch. 781, L. 1991.
MT Code § 46-9-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-101. Repealed

  46-9-101. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1101 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1101; amd. Sec. 1, Ch. 692, L. 1985.
MT Code § 46-9-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-102. Bailable offenses

  46-9-102. Bailable offenses. (1) All persons shall be bailable before conviction, except when death is a possible punishment for the offense charged and the proof is evident or the presumption great that the person is guilty of the offense charged.   (2) On the hearing of an application for admission to bail made before or after indictment or information for a capital offense, the burden of showing that the proof is evident or the presumption great that the defendant is guilty of the offense is on the state.   History: En. 95-1108 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1108.
MT Code § 46-9-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-103. Renumbered 46-9-107

  46-9-103. Renumbered 46-9-107. Code Commissioner, 1991.
MT Code § 46-9-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-104. Bail on a new trial

  46-9-104. Bail on a new trial. If the judgment of conviction is reversed and the cause remanded for a new trial, the trial court may order that the bail stand pending such trial or substitute, reduce, or increase bail.   History: En. 95-1119 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 12, Ch. 184, L. 1977; R.C.M. 1947, 95-1119.
MT Code § 46-9-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-105. General authority for release and detention

  46-9-105. General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9.   (2) If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction.   History: En. Sec. 71, Ch. 800, L. 1991.
MT Code § 46-9-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-106. Release or detention of defendant pending trial

  46-9-106. Release or detention of defendant pending trial. Before a verdict has been rendered, the court shall:   (1) authorize the release of the defendant upon reasonable conditions that ensure the appearance of the defendant and protect the safety of the community or of any person; or   (2) detain the defendant when there is probable cause to believe that the defendant committed an offense for which death is a possible punishment and adequate safeguards are not available to ensure the defendant's appearance and the safety of the community.   History: En. Sec. 72, Ch. 800, L. 1991.
MT Code § 46-9-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-107. Release or detention pending appeal -- revocation -- sentencing hearing

  46-9-107. Release or detention pending appeal -- revocation -- sentencing hearing. A person intending to appeal from a judgment imposing a fine only or from any judgment rendered by a justice's court or city court must be admitted to bail. The court shall order the detention of a defendant found guilty of an offense who is awaiting imposition or execution of sentence or a revocation hearing or who has filed an appeal unless the court finds that, if released, the defendant is not likely to flee or pose a danger to the safety of any person or the community.   History: En. 95-1109 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1109; amd. Sec. 1, Ch. 207, L. 1979; amd. Sec. 2, Ch. 692, L. 1985; amd. Sec. 73, Ch. 800, L. 1991; Sec. 46-9-103, MCA 1989; redes. 46-9-107 by Code Commissioner, 1991.
MT Code § 46-9-109 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-109. Release or detention hearing

  46-9-109. Release or detention hearing. (1) The release or detention of the defendant must be determined immediately upon the defendant's initial appearance.   (2) In determining whether the defendant should be released or detained, the court may use a validated pretrial risk assessment tool and shall take into account the available information concerning:   (a) the nature and circumstances of the offense charged, including whether the offense involved the use of force or violence;   (b) the history and characteristics of the defendant, including:   (i) the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to alcohol or drug abuse, criminal history, and record concerning the appearance at court proceedings; and   (ii) whether at the time of the current arrest or offense, the defendant was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentencing for an offense;   (c) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release; and   (d) the property available as collateral for the defendant's release to determine if it will reasonably ensure the appearance of the defendant as required.   (3) Upon the motion of any party or the court, a hearing may be held to determine whether bail is established in the appropriate amount or whether any other condition or restriction upon the defendant's release will reasonably ensure the appearance of the defendant and the safety of any person or the community.   History: En. Sec. 75, Ch. 800, L. 1991; amd. Sec. 8, Ch. 390, L. 2017.
MT Code § 46-9-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-110. Release order

  46-9-110. Release order. A release order issued by the court must include a written statement setting forth any restrictions or conditions upon the defendant's release.   History: En. Sec. 76, Ch. 800, L. 1991.
MT Code § 46-9-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-111. Release on own recognizance

  46-9-111. Release on own recognizance. Any person in custody, if otherwise eligible for bail, may be released on the person's personal recognizance subject to conditions that the court may reasonably prescribe to ensure the person's appearance when required. Any person released as provided in this section must be fully apprised by the court of the penalty provided for failure to comply with the terms of the person's recognizance.   History: En. 95-1106 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1106; amd. Sec. 1738, Ch. 56, L. 2009.
MT Code § 46-9-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-112. through 46-9-114 reserved

  46-9-112 through 46-9-114 reserved.
MT Code § 46-9-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-115. Release ordered by court where charge not pending

  46-9-115. Release ordered by court where charge not pending. If release is ordered or bail is accepted by a court other than the court in which the charge is pending, any bonds, instrument of ownership, or money posted and a written statement of other conditions of release must be delivered without delay to the court in which the charge is pending.   History: En. 95-1105 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1105; amd. Sec. 3, Ch. 710, L. 1991; amd. Sec. 77, Ch. 800, L. 1991; Sec. 46-9-202, MCA 1989; redes. 46-9-115 by Code Commissioner, 1991.
MT Code § 46-9-116 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-116. through 46-9-120 reserved

  46-9-116 through 46-9-120 reserved.
MT Code § 46-9-121 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 1. Definition and Availability of Bail|46-9-121. Return of bail bond after conviction

  46-9-121. Return of bail bond after conviction. If a commercial surety bond is posted as bail and the defendant is convicted, the bond must be released and returned to the surety within 30 days after the conviction. If the defendant appeals, the court may order that bail be provided during the appeal.   History: En. Sec. 1, Ch. 270, L. 1993.
MT Code § 46-9-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-201. Who may admit to bail

  46-9-201. Who may admit to bail. A judge may admit to bail any defendant properly appearing before the judge in a bail proceeding. When bound over to any court or judge having jurisdiction of the offense charged, bail must be continued provided that the court or judge having jurisdiction may increase, reduce, or substitute bail. On appeal, a judge before whom the trial was had or a judge having the power to issue a writ of habeas corpus may admit the defendant to bail. For purposes of this section, a defendant's appearance before a judge may be either by physical appearance before the court or by two-way electronic audio-video communication as provided in 46-9-206.   History: En. 95-1102 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1102(a); amd. Sec. 2, Ch. 710, L. 1991; amd. Sec. 10, Ch. 262, L. 1993.
MT Code § 46-9-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-202. Renumbered 46-9-115

  46-9-202. Renumbered 46-9-115. Code Commissioner, 1991.
MT Code § 46-9-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-203. Repealed

  46-9-203. Repealed. Sec. 9, Ch. 390, L. 2017.   History: En. Sec. 10, Ch. 202, L. 1921; re-en. Sec. 3198, R.C.M. 1921; re-en. Sec. 3198, R.C.M. 1935; R.C.M. 1947, 66-1520; amd. Sec. 6, Ch. 116, L. 1979; amd. Sec. 1739, Ch. 56, L. 2009.
MT Code § 46-9-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-204. Repealed

  46-9-204. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1102 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1102(b).
MT Code § 46-9-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-205. Renumbered 46-9-510

  46-9-205. Renumbered 46-9-510. Code Commissioner, 1991.
MT Code § 46-9-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 2. Bail -- General Procedural Provisions|46-9-206. Setting bail -- appearance or use of two-way electronic audio-video communication

  46-9-206. Setting bail -- appearance or use of two-way electronic audio-video communication. The requirement that a defendant be taken before a judge for setting of bail may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant's counsel be in the defendant's physical presence during the two-way electronic audio-video communication. A judge may order a defendant's physical appearance in court for the hearing of an application for admission to bail.   History: En. Sec. 3, Ch. 710, L. 1991; amd. Sec. 1740, Ch. 56, L. 2009.
MT Code § 46-9-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 3. The Amount of Bail|46-9-301. Determining amount of bail

  46-9-301. 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 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.   History: En. 95-1110 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1110; amd. Sec. 3, Ch. 692, L. 1985; amd. Sec. 2, Ch. 17, Sp. L. June 1986; amd. Sec. 1741, Ch. 56, L. 2009; amd. Sec. 3, Ch. 209, L. 2013.
MT Code § 46-9-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 3. The Amount of Bail|46-9-303. Repealed

  46-9-303. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1104 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 10, Ch. 184, L. 1977; R.C.M. 1947, 95-1104.
MT Code § 46-9-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 3. The Amount of Bail|46-9-304. through 46-9-310 reserved

  46-9-304 through 46-9-310 reserved.
MT Code § 46-9-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 3. The Amount of Bail|46-9-311. Reduction, increase, revocation, or substitution of bail

  46-9-311. Reduction, increase, revocation, or substitution of bail. (1) Upon application by the state or the defendant, the court before which the proceeding is pending may increase or reduce the amount of bail, substitute one bail for another, alter the conditions of the bail, or revoke bail.   (2) Reasonable notice of such application must be given to the opposing parties or their attorneys by the applicant.   History: En. 95-1111 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1111; amd. Sec. 7, Ch. 116, L. 1979.
MT Code § 46-9-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-401. Forms of bail

  46-9-401. Forms of bail. (1) Bail may be furnished in the following ways:   (a) by a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court;   (b) by pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail;   (c) by posting a written undertaking executed by the defendant and by two sufficient sureties;   (d) by posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company; or   (e) by posting an offender's driver's license in lieu of bail if the summons describes a violation of any offense as provided in 61-5-214 and if the offender is the holder of an unexpired driver's license.   (2) The amount of the bond must ensure the appearance of the defendant at all times required through all stages of the proceeding including trial de novo, if any, and unless the bond is denied by the court pursuant to 46-9-107, must remain in effect until final sentence is pronounced in open court.   (3) This chapter does not prohibit a surety from surrendering the defendant pursuant to 46-9-510 in a case in which the surety feels insecure in accepting liability for the defendant.   (4) Whenever a driver's license is accepted in lieu of bail, the judge shall return the driver's license to the defendant:   (a) after the required bail has been posted or there has been a final determination of the charge; and   (b) if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.   History: En. 95-1112 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1112; amd. Sec. 79, Ch. 800, L. 1991; amd. Sec. 4, Ch. 465, L. 2003; amd. Sec. 2, Ch. 360, L. 2009.
MT Code § 46-9-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 9. Bail|Part 4. Furnishing Bail|46-9-402. Persons prohibited from furnishing bail security

  46-9-402. Persons prohibited from furnishing bail security. No attorney at law and no official authorized to admit another to bail shall act as surety or furnish bail.   History: En. 95-1120 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1120.