Bill > HB396

This bill modifies Montana's bail laws to provide more comprehensive guidelines for releasing or detaining arrested individuals. The legislation requires that individuals arrested on a judicial warrant from another state must first appear before the judge who issued the warrant (or another judge in the same jurisdiction) before being admitted to bail. The bill introduces new considerations for bail determinations, including the defendant's history of abscondence (fleeing from legal proceedings), fugitivity, and any costs incurred by government entities in transporting the defendant back to the state. When deciding on bail, judges must now take into account additional factors such as the defendant's prior history of avoiding court, potential requirements under interstate compacts or agreements, and a more detailed assessment of the defendant's background. The bill expands the criteria for setting bail amounts, ensuring that bail is not only reasonable but also considers the defendant's financial ability, community ties, mental health status, employment, and the specific circumstances of the alleged offense. The goal appears to be creating a more nuanced and comprehensive approach to bail that balances public safety, the defendant's individual circumstances, and the likelihood of the defendant appearing for court proceedings.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC3510