46-9-106. Release or detention of defendant pending trial, MCA

Montana Code Annotated 2017

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 1. Definition and Availability of Bail

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.