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Bill to prevent out‑of‑county judges from changing bond on warrants advances in committee
Summary
HB 415 would clarify statute 46‑9‑201 to prevent a court in one county from reducing or eliminating a bond set by a judge in the county with jurisdiction over the underlying charge; magistrates told the committee the change would close a recurring procedural loophole.
House Bill 415, sponsored by Representative Amy Regier, would amend Montana code section 46‑9‑201 to make explicit that a judge in the county where a warrant was issued retains authority over the bond amount set for that warrant and that a different county’s judge should not discharge or reduce that bond to allow a de facto release.
Justice of the peace Kelly Mantooth, representing the Montana Magistrates Association, testified that municipal and justice courts are divided over the statute's silence and that some judges in other counties have been reducing bond or releasing defendants on their own recognizance after an arrest in their county — which Mantooth said leads to repeated failures to appear and inefficient new warrants. "If I issue a warrant for somebody, I want to see that person brought back to my court to take care of things," Mantooth told the committee.
No opponents testified and no informational witnesses were called. Representative Regier closed briefly and the committee closed the hearing on HB 415. No executive action on HB 415 was recorded in the transcript that afternoon; proponents urged the committee to pass language to eliminate the statutory ambiguity and reduce repeated warrants and transport costs.
