MontanaHB 39669th Legislature, Regular Session (2025)House

Generally revise bail laws

Sponsored By: Greg Overstreet (Republican)

Became Law

CorrectionsCourtsCriminal Procedure

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Special rules for out-of-state warrant arrests

If you are arrested on a Montana judicial warrant after being returned to Montana under 46-30-411, you are not admitted to bail until you first appear before the judge who issued the warrant. If that judge is unavailable, a judge in the same jurisdiction may decide bail. If you are covered by an interstate compact or agreement, the compact and federal law control whether you are released or detained.

Pretrial release set at first hearing

At your first court appearance, the judge decides release or detention right away. The judge may use a validated risk tool. The judge must weigh the charge, any use of force, your record, health, family and community ties, job, money, and past court appearances. The judge also looks at probation or parole status, any past absconding and transport costs, danger to others, any property you can pledge, and, for some partner-violence charges, a danger or lethality check if available. You, the prosecutor, or the court can ask for a hearing to set bail or other conditions.

Standards for setting bail amounts

When bail is needed, the amount must be reasonable and not oppressive. It must be enough to ensure you return to court, follow conditions, and protect people from bodily injury, and it must fit the seriousness of the charge. The judge must consider your ability to pay, prior record, past absconding and transport costs, ties to the community and family, mental health and treatment, job status, and any collateral you offer. The amount must also include the mandatory charge in 46-18-236.

Sponsors & Cosponsors

Sponsor

Greg Overstreet
Republican • House

Cosponsors

Barry Usher
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 112

House vote • 4/24/2025

Do Concur

Yes: 32 • No: 18

House vote • 4/23/2025

Do Concur

Yes: 32 • No: 17

House vote • 3/4/2025

Do Pass

Yes: 60 • No: 39

House vote • 3/3/2025