46-9-105. General authority for release and detention, MCA

Montana Code Annotated 2025

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 1. Definition and Availability of Bail

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. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411, the person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply.

(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; amd. Sec. 1, Ch. 651, L. 2025.