Criminal Justice (Judges)

This bill amends Montana law to restrict judges from granting bail to defendants who are on warrants issued by other jurisdictions. Under the new rules, judges can only admit defendants to bail if they are properly appearing before the court and are not subject to an out-of-state warrant. The legislation also clarifies that bail must be continued when a defendant is bound over to another court, with exceptions for those on external warrants. Additionally, the law maintains provisions allowing bail during appeals and permits virtual appearances through audio-video communication.

HB 396 revises existing laws concerning bail for arrested individuals. It requires that a person must appear before a judge in a court of record before being admitted to bail, and it clarifies that interstate agreements apply in certain situations. The bill expands the criteria courts must consider when deciding whether to release or detain a defendant, adding factors like the defendant's history of absconding and the costs incurred by a government to transport them. Furthermore, it revises the factors for determining the amount of bail, including ensuring protection from bodily injury and considering a defendant's prior abscondence history.

HB 415 revises the laws concerning a judge's ability to admit defendants to bail. The bill specifically limits a judge's authority to grant or continue bail for individuals who have an active warrant from another jurisdiction. This means defendants with outstanding warrants from other jurisdictions will not be eligible for bail in the current proceeding.