reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-502. Arrest by private person

46-6-502. Arrest by private person.
(1) A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest. The private person may use reasonable force to detain the arrested person.
(2) A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.
History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part); amd. Sec. 40, Ch. 800, L. 1991; amd. Sec. 8, Ch. 332, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-503. Repealed

46-6-503. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-611 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 274, L. 1974; R.C.M. 1947, 95-611(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-504. Repealed

46-6-504. Repealed.
Sec. 1, Ch. 205, L. 1987.
History: En. 95-611.2 by Sec. 2, Ch. 274, L. 1974; R.C.M. 1947, 95-611.2.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-505. Custody by peace officer

46-6-505. Custody by peace officer.
A peace officer who, pursuant to law, takes custody of a person arrested by a private citizen shall proceed in accordance with 46-6-104 and 46-6-312 and as otherwise provided by law.
History: En. Sec. 41, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-506. Temporary detention by merchant -- liability

46-6-506. Temporary detention by merchant -- liability.
(1) A merchant, as defined in 30-11-301, who has reason to believe that a person has committed or is in the process of committing the offense of theft may stop and temporarily detain that person. The merchant:
(a) shall promptly inform the person that the stop is for investigation of shoplifting and that upon completion of the investigation, the person will be released or turned over to the custody of a peace officer;
(b) may demand the person's name and present or last address and question the person in a reasonable manner for the purpose of ascertaining whether or not the person is guilty of shoplifting;
(c) may take into possession any merchandise for which the purchase price has not been paid and that is in the possession of the person or has been concealed from full view; and
(d) may detain the person or request the person to remain on the premises until a peace officer arrives.
(2) A stop, detention, questioning, or recovery of merchandise under this section must be done in a reasonable manner and time. Unless evidence of concealment is obvious and apparent to the merchant, this section does not authorize a search of the detained person other than a search of the person's coat or other outer garments and any package, bag, or other container. After the purpose of a stop has been accomplished or 30 minutes have elapsed, whichever occurs first, the merchant shall allow the person to go unless the person is arrested and turned over to the custody of a peace officer.
(3) A merchant stopping, detaining, or arresting a person on the belief that the person is shoplifting is not liable for damages to the person unless the merchant acts in a manner contrary to this section.
(4) As used in this section, the following definitions apply:
(a) "Concealment" means any act or deception done purposely or knowingly upon or outside the premises of a wholesale or retail store or other mercantile establishment, with the intent to deprive the merchant of all or part of the value of the merchandise. The following acts or deceptive conduct is prima facie evidence of concealment:
(i) concealing merchandise upon the person or in a container or otherwise removing merchandise from full view while upon the premises;
(ii) removing, changing, or altering a price tag;
(iii) transferring or moving any merchandise upon the premises to obtain a lower price than the merchandise was offered for sale for by the merchant; or
(iv) abandoning or disposing of any merchandise in such a manner that the merchant will be deprived of all or part of the value of the merchandise.
(b) "Shoplifting" means the theft of any goods offered for sale by a wholesale or retail store or other mercantile establishment.
History: En. Sec. 1, Ch. 180, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-507. Arrest by probation and parole officer or corrections officer

46-6-507. Arrest by probation and parole officer or corrections officer.
(1) A probation and parole officer who, while in the course of conducting the officer's duties, has a reasonable suspicion that a person is interfering or will interfere with the officer's duties or has probable cause to believe that the person is committing or has committed an offense may detain the person. The probation and parole officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.
(2) A corrections officer employed by the department of corrections pursuant to 44-4-401(2)(a) who, while in the course of conducting the officer's duties on the property of a state correctional facility for adults or juveniles, has reasonable suspicion to believe a person is committing or has committed a violation of 45-6-203, 45-7-306, or 45-7-307 or is aiding or abetting an offender in violation of 45-6-203, 45-7-306, or 45-7-307, may detain the person. The corrections officer shall immediately notify the nearest available law enforcement agency or peace officer, and the law enforcement agency or peace officer shall either take the person into custody or release the person.
History: En. Sec. 4, Ch. 386, L. 2003; amd. Sec. 1, Ch. 469, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 5. Arrest by a Private Person › 46-6-508. Arrest by surety bail bond insurance producer

46-6-508. (Effective January 1, 2024) Arrest by surety bail bond insurance producer.
(1) A surety bail bond insurance producer who has probable cause to believe that a principal insured by the surety insurer to which the producer is appointed will fail to appear in court, in violation of 46-9-503(2), or has violated a condition of their release, may use reasonable force to arrest and detain the principal only as described in 46-9-510 and this section. The producer shall:
(a) except under exigent circumstances, prior to and no more than 6 hours before attempting to apprehend the principal, notify the local police department or sheriff's office of the intent to apprehend the principal in that jurisdiction by telephoning nonemergency dispatch and provide:
(i) the name and producer license number of the individual who will be effecting the arrest; and
(ii) the name and approximate location of the principal; and
(b) immediately after the arrest of the principal, notify the local police department or sheriff's office by telephoning nonemergency dispatch and provide:
(i) the name and producer license number of the individual who effected the arrest;
(ii) the name of the principal arrested and the description of the location of the arrest; and
(iii) if no notification was given under subsection (1)(a), a detailed explanation of the reasons a notification could not be given under subsection (1)(a).
(2) As used in this section, the following definitions apply:
(a) "Principal" means a defendant or a witness who has been admitted to bail and who is obligated to appear in court as required on penalty of forfeiting bail under a commercial bail bond.
(b) "Surety bail bond insurance producer" or "producer" means an insurance producer who is licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapters 17 and 26.
History: En. Sec. 3, Ch. 592, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 6. Domestic Violence Provisions › 46-6-601. Written report when no arrest made in domestic violence situation

46-6-601. Written report when no arrest made in domestic violence situation.
When a peace officer is called to the scene of a reported incident of domestic violence but does not make an arrest, the peace officer shall file a written report with the officer commanding the law enforcement agency employing the peace officer, setting forth the reason or reasons for the decision.
History: En. Sec. 2, Ch. 700, L. 1985; amd. Sec. 36, Ch. 800, L. 1991; Sec. 46-6-421, MCA 1989; redes. 46-6-601 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 6. Arrest › Part 6. Domestic Violence Provisions › 46-6-603. Partner or family member assault -- seizure of weapon

46-6-603. Partner or family member assault -- seizure of weapon.
(1) A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault.
(2) The responding officer may, as appropriate:
(a) take reasonable action necessary to provide for the safety of a victim and any other member of the household;
(b) transport or arrange for the transportation of the victim and any other member of the household to a safe location; and
(c) assist a victim and any other member of the household to remove necessary personal items.
(3) A weapon seized under this section may not be returned to the offender until acquittal or until the return is ordered by the court.
History: En. Sec. 19, Ch. 350, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 7. Initial Appearance of Arrested Person › Part 1. General Provisions › 46-7-101. Appearance of arrested person -- use of two-way electronic audio-video communication

46-7-101. Appearance of arrested person -- use of two-way electronic audio-video communication.
(1) A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.
(2) A defendant's initial appearance before a judge 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 and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearance hearing.
History: En. 95-901 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-901; amd. Sec. 1, Ch. 710, L. 1991; amd. Sec. 87, Ch. 800, L. 1991; amd. Sec. 1737, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 7. Initial Appearance of Arrested Person › Part 1. General Provisions › 46-7-102. Duty of court

46-7-102. Duty of court.
(1) The judge shall inform the defendant:
(a) of the charge or charges against the defendant;
(b) of the defendant's right to counsel;
(c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;
(d) of the general circumstances under which the defendant may obtain pretrial release;
(e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;
(f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and
(g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.
(2) The judge shall admit the defendant to bail as provided by law.
History: En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 88, Ch. 800, L. 1991; amd. Sec. 1, Ch. 129, L. 1997; amd. Sec. 1, Ch. 346, L. 1999; amd. Sec. 2, Ch. 309, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-101. Right to counsel

46-8-101. Right to counsel.
(1) During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.
(2) Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 2-15-1029, to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111.
(3) If the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, during the initial appearance the court may order that incarceration not be exercised as a sentencing option if the defendant is convicted. If the court so orders, the court shall inform the defendant that the assistance of counsel at public expense through the office of state public defender is not available and that time will be given to consult with an attorney before a plea is entered. If incarceration is waived as a sentencing option, a public defender may not be assigned.
History: En. 95-1001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1001; amd. Sec. 1, Ch. 415, L. 1981; amd. Sec. 63, Ch. 800, L. 1991; amd. Sec. 40, Ch. 449, L. 2005; amd. Sec. 2, Ch. 344, L. 2011; amd. Sec. 14, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-102. Waiver of counsel

46-8-102. Waiver of counsel.
A defendant may waive the right to counsel when the court ascertains that the waiver is made knowingly, voluntarily, and intelligently.
History: En. 95-1002 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1002; amd. Sec. 2, Ch. 386, L. 1979; amd. Sec. 64, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-103. Duration of assignment

46-8-103. Duration of assignment.
(1) When counsel has been assigned, the assignment is effective until final judgment, including any proceeding upon direct appeal to the Montana supreme court, unless relieved by order of the court that assigned counsel or that has jurisdiction over the case.
(2) If counsel determines that an appeal would be frivolous or wholly without merit, counsel shall file a motion with the court requesting permission to withdraw. The motion must attest that counsel has concluded that an appeal would be frivolous or wholly without merit after reviewing the entire record and researching applicable statutes, case law, and rules and that the defendant has been advised of counsel's decision and of the defendant's right to file a response. The motion to withdraw must be accompanied by a memorandum discussing any issues that arguably support an appeal. The memorandum must include a summary of the procedural history of the case and any jurisdictional problems with the appeal, together with appropriate citations to the record and to the pertinent statutes, case law, and procedural rules bearing upon each issue discussed in the memorandum. Upon filing the motion and memorandum with the court, counsel's certificate of mailing must certify that copies of each filing were mailed to the local county attorney, the attorney general's office, and the defendant. The defendant is entitled to file a response with the court.
History: En. 95-1003 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1003; amd. Sec. 65, Ch. 800, L. 1991; amd. Sec. 1, Ch. 19, L. 2003.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-104. Assignment of counsel after trial -- definition

46-8-104. Assignment of counsel after trial -- definition.
(1) Any court of record may order the office of state public defender, provided for in 2-15-1029, to assign counsel, subject to the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent any petitioner or appellant in any postconviction action or proceeding brought under Title 46, chapter 21, if the petitioner or appellant is eligible for the appointment of counsel and:
(a) the district court determines that a hearing on the petition is required pursuant to 46-21-201;
(b) the office of state public defender requests appointment of a public defender and demonstrates good cause for the appointment;
(c) a statute specifically mandates the appointment of counsel;
(d) the petitioner or appellant is clearly entitled to counsel under either the United States or Montana constitution; or
(e) extraordinary circumstances exist that require the appointment of counsel to prevent a miscarriage of justice.
(2) An appointment of counsel made in the interests of justice, as provided in 46-21-201(2), may be made only when extraordinary circumstances exist.
(3) As used in this section, "extraordinary circumstances" includes those in which the petitioner or appellant does not have access to legal materials or has a physical or mental condition or limitation that prevents the petitioner or appellant from reading or writing in English.
History: En. 95-1004 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1004; amd. Sec. 41, Ch. 449, L. 2005; amd. Sec. 1, Ch. 417, L. 2007; amd. Sec. 15, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-111. Repealed

46-8-111. Repealed.
Secs. 74, 80(2), Ch. 449, L. 2005.
History: En. Sec. 2, Ch. 415, L. 1981; amd. Sec. 1, Ch. 479, L. 1987; amd. Sec. 66, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 8. Right to Counsel › Part 1. Extent of Right -- Indigency Repayment of Costs › 46-8-112. Repealed

46-8-112. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. Sec. 3, Ch. 415, L. 1981.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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;
(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; and
(e) for a defendant charged with a violation of 45-5-202, 45-5-206, 45-5-213, or 45-5-215 against an intimate partner, a dangerousness or lethality assessment if it is available to the court.
(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; amd. Sec. 1, Ch. 288, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 3. The Amount of Bail › 46-9-302. Bail schedule -- acceptance by peace officer

46-9-302. Bail schedule -- acceptance by peace officer.
(1) A judge may establish and post a schedule of bail for offenses over which the judge has original jurisdiction. A person may not be released on bail without first appearing before the judge when the offense is:
(a) any assault on a partner or family member, as partner or family member is defined in 45-5-206;
(b) strangulation of a partner or family member, as defined in 45-5-215;
(c) stalking, as defined in 45-5-220;
(d) violation of an order of protection, as defined in 45-5-626; or
(e) violation of a no contact order, as defined in 45-5-209.
(2) A peace officer may:
(a) accept bail on behalf of a judge:
(i) in accordance with the bail schedule established under subsection (1); or
(ii) whenever the warrant of arrest specifies the amount of bail; or
(b) with the offender's permission, accept an unexpired driver's license in lieu of bail for a violation of any offense in Title 61, chapters 3 through 10, except chapter 8, part 4, as provided in subsection (4).
(3) Whenever a peace officer accepts bail, the officer shall give a signed receipt to the offender setting forth the bail received. The peace officer shall then deliver the bail to the judge before whom the offender is to appear, and the judge shall give a receipt to the peace officer for the bail delivered.
(4) Whenever a peace officer accepts an unexpired driver's license in lieu of bail, the peace officer shall give the offender a signed driving permit, in a form prescribed by the department. The permit must acknowledge the officer's acceptance of the offender's driver's license and serves as a valid temporary driving permit authorizing the operation of a motor vehicle by the offender. The permit is effective as of the date the permit is signed and remains in effect through the date of the appearance listed on the permit. The peace officer shall deliver the driver's license to the judge before whom the offender is to appear, and the judge shall give the peace officer a receipt acknowledging delivery of the offender's driver's license to the court. After the filing of the complaint and the appearance of the defendant, the judge shall assume jurisdiction and may extend the date of the driving permit for a period of up to 6 months from the defendant's initial appearance date.
(5) The judge shall return a driver's license that has been accepted in lieu of bail to a 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. 95-1103 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1103; amd. Sec. 6, Ch. 700, L. 1985; amd. Sec. 78, Ch. 800, L. 1991; amd. Sec. 4, Ch. 292, L. 1993; amd. Sec. 5, Ch. 425, L. 1993; amd. Sec. 16, Ch. 350, L. 1995; amd. Sec. 7, Ch. 484, L. 1997; amd. Sec. 3, Ch. 449, L. 2001; amd. Sec. 3, Ch. 465, L. 2003; amd. Sec. 3, Ch. 328, L. 2015; amd. Sec. 11, Ch. 394, L. 2017.
2023 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.
2023 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.
2023 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) 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; amd. Sec. 6, Ch. 592, L. 2023.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 4. Furnishing Bail › 46-9-403. Qualifying property as bail

46-9-403. Qualifying property as bail.
(1) If property posted as a condition of release is personal property, the defendant or sureties shall file a sworn schedule that must contain a list of the personal property, including a description of each item, its location and market value, and the total market value of all items listed.
(2) If the property is real estate:
(a) the defendant or sureties shall file a sworn schedule that must contain a legal description of the property, a description of any and all encumbrances on the property, including the amount of each and the holder of the encumbrance, and the market value of the unencumbered equity owned by the defendant or sureties; and
(b) a certified copy of the schedule of the property must be filed immediately by the court in the office of the clerk and recorder of the county in which the property is situated. The state has a lien on the property from the time the copy is filed. The clerk and recorder shall enter, index, and record the schedule without requiring any fee.
(3) If the property posted as a condition of release is a written undertaking with sureties, each surety must be a resident or freeholder within the state. Each surety must be worth the amount specified in the undertaking, exclusive of property exempt from execution, but the court or judge on taking the property may allow more than two sureties to justify severally and in amounts less than that expressed in the undertaking if the whole justification is equivalent to the amount required.
(4) If the property posted as a condition of release is a commercial bond, it may be executed by any domestic or foreign surety company that is qualified to transact surety business in this state. The undertaking must be in the form prescribed by the commissioner of insurance and must state the following:
(a) the name and address of the commercial surety company that issued the bond;
(b) the amount of the bond and the unqualified obligation of the surety company to pay the court should the defendant fail to appear as guaranteed; and
(c) a provision that the surety company may not revoke the undertaking without good cause.
(5) The court may examine the sufficiency of an undertaking and take any action it considers proper to ensure that a sufficient undertaking is posted.
History: En. 95-1113 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-1113; amd. Sec. 8, Ch. 116, L. 1979; amd. Sec. 80, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 4. Furnishing Bail › 46-9-404. Repealed

46-9-404. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1114 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1114.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 4. Furnishing Bail › 46-9-411. Repealed

46-9-411. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1121 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 13, Ch. 184, L. 1977; R.C.M. 1947, 95-1121(3); amd. Sec. 1, Ch. 415, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 4. Furnishing Bail › 46-9-412. Guaranteed arrest bond certificates

46-9-412. Guaranteed arrest bond certificates.
(1) A domestic or foreign surety company that has qualified to transact surety business in this state may, in any year, become surety in an amount not exceeding $1,000 with respect to any guaranteed arrest bond certificates issued in the year by an automobile club or association or by an insurance company authorized to write automobile liability insurance within this state by filing with the commissioner of insurance an undertaking to become surety.
(2) The form of the undertaking must be prescribed by the commissioner of insurance and must include those matters required by 46-9-401.
History: En. 95-1121 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 13, Ch. 184, L. 1977; R.C.M. 1947, 95-1121(1), (2); amd. Sec. 2, Ch. 415, L. 1989; amd. Sec. 81, Ch. 800, L. 1991; amd. Sec. 11, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 9. Bail › Part 4. Furnishing Bail › 46-9-413. Repealed

46-9-413. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1123 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1123.