Montana Bond Schedule: Factors, Posting, and Reductions

Montana does not use a single statewide bail schedule that fixes a dollar figure to each charge. Instead, the bail amount in a Montana criminal case is set by a judge, who must choose a reasonable number guided by twelve factors written into state law. Those factors cover the seriousness of the offense, the risk you will skip court, the danger you pose to others, and what you can realistically afford to pay. Local courts sometimes post their own schedules for offenses within their jurisdiction, but the judge keeps broad discretion to move the number up or down for the person in front of them.

The starting point in Montana is release, not detention. The state constitution guarantees bail in nearly every case, with a narrow exception for capital offenses where proof is evident or the presumption of guilt is great.¹ Because Montana no longer has the death penalty, that exception rarely matters. MCA 46-9-106 pushes in the same direction, telling courts to release defendants on reasonable conditions unless there is probable cause for a death-eligible offense and no safeguards can protect the court’s process or the community.²

The Twelve Factors That Set the Number

When a judge decides bail is necessary, MCA 46-9-301 requires the amount to be reasonable and shaped by a specific list of considerations.³ They are:

The nature of the offense charged. Serious felonies draw higher bail than low-level misdemeanors.
An amount sufficient to give you a real incentive to come back to court.
An amount sufficient to protect any person from bodily injury.
A prohibition on amounts set so high that they are effectively designed to keep you locked up rather than to secure your return.
Your financial ability to post bail.
Your prior criminal record.
The length of time you have lived in the community and the strength of your local ties.
Your family relationships in the area.
Whether you are participating in a mental health treatment program.
Your employment status.
An amount sufficient to ensure you comply with the court’s release conditions.
An amount sufficient to cover the mandatory surcharge under MCA 46-18-236.³

Two of those factors are worth sitting with. The ability-to-pay factor means the judge is supposed to consider what you can actually produce, not just what the charge “usually” draws. And the explicit ban on oppressive amounts is a limit on the whole exercise: bail that functions as pretrial detention through a price tag is not permitted.

Why Two Similar Cases Can Get Different Amounts

Because Montana does not mandate a statewide bail schedule, there is no fixed dollar amount tied to any particular charge. A local court may post its own schedule for offenses within its jurisdiction, and those schedules give arresting officers and jail staff a reference number for routine cases. But as soon as the judge weighs the twelve factors for an individual defendant, the number can move.

Someone with twenty years in the same town, a steady job, no record, and family nearby is a different flight risk than someone with prior failures to appear and no local connections, even on an identical charge. That is the point of the statute. The amount is supposed to be calibrated to you, not to the offense code alone.

One category of cases bypasses the local schedule entirely. For arrests involving partner or family member assault, strangulation of a partner or family member, stalking, or violations of a no-contact or protective order, a peace officer cannot accept bail in the field. You must be brought before a judge before any amount is set, so that a no-contact order hearing can happen before release.⁴

How You Can Post the Amount

The dollar figure on the order does not have to be paid in full cash. MCA 46-9-401 allows several forms:⁵

Cash deposit of the full amount, in cash, stocks, bonds, certificates of deposit, or other personal property the court approves.
A pledge of Montana real estate with unencumbered equity worth at least double the bail amount.
A personal surety bond signed by two individuals with sufficient assets who guarantee your appearance.
A commercial surety bond posted by a licensed bail bond agent, in exchange for a non-refundable premium that is typically a percentage of the total.
For certain traffic offenses, your unexpired driver’s license, accepted by the officer in lieu of bail.

Which form you choose changes what you get back at the end. Cash bail is returned if you meet all your court obligations, minus any fines, fees, or restitution. A commercial surety premium is a service fee and is never refunded, even if the case is dismissed. If a cosigner guarantees a commercial bond, that person takes on full financial responsibility if you skip court, including potential liability for attorney fees, court costs, and unpaid premiums.

If the judge attaches electronic or alcohol monitoring as a release condition, those costs run on top of the bail amount. Equipment fees typically run $10 to $25 per day depending on the device and provider, and the court can order reimbursement after conviction unless it finds you cannot pay.⁶

Release Without Posting Money

The twelve-factor analysis sometimes produces an amount of zero. Under MCA 46-9-111, a court can release you on your own recognizance if you sign a promise to appear and agree to follow whatever conditions the judge sets. The judge must explain the penalties for breaking those conditions before letting you go.⁷

Recognizance release is most common for low-level offenses when the defendant has strong community ties and little or no criminal history. It fits the least-restrictive-conditions principle in MCA 46-9-108: if the court can reasonably ensure both appearance and community safety without requiring money, it should.⁶ Non-monetary conditions attached to that release can include no new offenses, no contact with victims or witnesses, travel limits, check-ins with pretrial services, employment requirements, substance restrictions, treatment participation, firearm restrictions, electronic monitoring, or a curfew.

Asking the Judge to Lower Your Bail

If the amount the judge set is too high for you to post, you do not have to live with it. MCA 46-9-311 allows either the defense or the prosecution to request a reduction, increase, revocation, or substitution of bail at any time while the case is pending. The other side gets reasonable notice before the hearing.⁸

A reduction motion usually argues that circumstances have changed in a way that makes the original number unjustified. Finding employment since the first appearance, lining up a family member to supervise you, or entering a treatment program all strengthen factors the judge is required to weigh. The judge evaluates the same MCA 46-9-301 criteria used the first time, so improving any of them in your favor improves your odds.³ The prosecution can also use this procedure to seek a higher amount if new information suggests more risk.

What You Lose if You Miss Court

The amount you post is at risk if you break the rules of your release. Under MCA 46-9-503, if you violate a release condition, including failing to appear, the prosecutor can file a written motion asking the court to revoke release. The judge can issue an arrest warrant, and if bail has been posted, declare it forfeited.⁹

The court must mail notice of the forfeiture to you and your sureties at their last-known address within 10 working days. If it misses that deadline, the bond becomes void and must be returned within 5 working days. You then have 90 days to fix the forfeiture. If your sureties surrender you to custody within 90 days, the judge must discharge the forfeiture without penalty. If you appear on your own and give a satisfactory explanation, the judge can discharge it on fair terms. The bond is also exonerated if you can prove you were incarcerated, deceased, or in court-ordered treatment in another jurisdiction during that window.⁹

One limit catches people by surprise. A surety bail bond in Montana is an appearance bond only. It cannot be forfeited for unpaid fines, restitution, or any release violation other than failure to appear.⁹ If a forfeiture does stand, the money goes to the city or county treasury for misdemeanor cases and to the state general fund for felony cases.¹⁰

1
Montana State Legislature. Montana Constitution Article II, Section 21 – Bail
2
Montana State Legislature. Montana Code 46-9-106 – Release or Detention of Defendant Pending Trial
3
Montana State Legislature. Montana Code 46-9-301 – Determining Amount of Bail
4
Montana State Legislature. Montana Code 46-9-302 – Bail Schedule, Acceptance by Peace Officer
5
Montana State Legislature. Montana Code 46-9-401 – Forms of Bail
6
Montana State Legislature. Montana Code 46-9-108 – Conditions Upon Defendants Release
7
Montana State Legislature. Montana Code 46-9-111 – Release on Own Recognizance
8
Montana State Legislature. Montana Code 46-9-311 – Reduction, Increase, Revocation, or Substitution of Bail
9
Montana State Legislature. Montana Code 46-9-503 – Violation of Release Condition, Forfeiture
10
Montana State Legislature. Montana Code 46-9-511 – Forfeiture Procedure