Montana Code 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.
Terms Used In Montana Code 46-9-109
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.