Madison County Detention Center Inmate Bail & Bonds

A judge does. Deputies and jail staff can't pick the amount themselves. State law (MCA 46-7-101) wants every arrested person seen "without unnecessary delay" by whichever judge is nearest and easiest to reach. That judge has to rule on release during the very first hearing (MCA 46-9-109).

Here, it is usually the judge who runs the Justice Court on the second floor at 103 W. Wallace St., Virginia City, MT 59755, 406-500-8347. That court handles misdemeanors plus the opening round of every felony. The same person also serves as the Ennis city judge, so a charge from inside Ennis lands in front of the same judge. If the felony later moves to District Court, the same bail rides along, though the district judge may adjust it (MCA 46-9-201).

Either one. A Montana judge may run the first hearing over live video, with the person on a screen at the jail (MCA 46-9-206). Both sides must be able to see and hear each other, and a private line to a lawyer is required. A judge can still insist on a trip to the courtroom.

Screens are common for this county because the person is often sitting in a jail in another county. Back in 2020, the sheriff told the county commissioners that most court appearances had gone virtual and that transporting prisoners kept getting harder. If you are not in custody and want to join a Justice Court hearing by Zoom, get permission ahead of time at 406-843-4237.

For a short stretch, the person may stay at the Sheriff's Office, 5 Placer Loop, Virginia City, MT 59755. A 2022 report to state lawmakers called it a 72-hour holding facility with zero jail beds. Anyone who has to stay longer usually ends up at the Gallatin County Detention Center in Bozeman, which says it boards some of this county's inmates under contract.

Gallatin is the usual stop, not the only one. The county reserved four beds at Jefferson County's jail in Boulder in 2020, and budget meetings since then have talked about deals with other counties close by. So ring the Sheriff's Office first, at 406-843-5301, at any hour. The Detention Division picks up at 406-843-5369.

The law tells a judge to pick the mildest terms that still get the person back for court (MCA 46-9-108). Here is the menu:

• Signature only. Not a dollar changes hands. A written promise to return is enough (MCA 46-9-111).
• Rules to follow. Home again, but with terms such as a curfew, sobriety, no firearms, check-ins, or staying clear of the alleged victim's home and phone.
• Full cash. Pay the whole amount to the court, and it stays on deposit until the case closes.
• Bail agent. For a fee, a licensed agent guarantees the whole sum.
• Real estate. Land in Montana works if its debt-free value is large enough (MCA 46-9-401).
• Two sureties. Two qualified people sign on with the defendant and promise the amount.
• Keeping the license. With certain traffic offenses, the officer holds onto the driver's license as the bail.

In a felony stalking case, or for a second partner assault, the judge will usually order an ankle monitor if a device is free.

Most misdemeanor amounts start from the Recommended Bond Schedule that the Montana Supreme Court approves for lower courts. It is only a guide, and a judge can go up or down (MCA 46-9-301). Some 2026 figures, surcharges included:

• Purposely or knowingly causing bodily injury (misdemeanor assault): $585, judge required
• Boating under the influence: $335, no court date required
• Supplying alcohol to a person under 21: $535, judge required
• Illegal gambling: $535 for a first offense in five years, $750 for a second, $1,500 for a third
• Truancy: $135, judge required
• Any felony: the schedule shows "no bond," so the judge sets the figure

For the figure in a real case, the Justice Court answers at 406-500-8347. For a charge from town, the Ennis court sets bail, and you can call it at 406-682-7339.

Five kinds of charges skip the bond schedule entirely. No release happens until a judge has looked at the case (MCA 46-9-302):

• assault of a spouse, ex, dating partner or relative
• choking or strangling one of those people
• stalking
• violating an order of protection
• violating a no-contact order

With the first four, the jail also has to alert the alleged victim promptly after a bail release (MCA 46-9-108). A no-contact order issued at arrest lasts until the first appearance, or 72 hours, whichever ends sooner (MCA 45-5-209).

A deputy or jailer is allowed to accept bail on a judge's behalf, but only when a posted bail schedule or the warrant itself lists the amount. You should get a signed receipt (MCA 46-9-302). Work through it in this order:

1. Phone the Sheriff's Office, 406-843-5301, and find out which jail has the person tonight.
2. Ask if a judge has set bail yet, the exact figure, and whether it covers all the charges.
3. Call that jail. For Gallatin, the number is 406-582-2130. Ask where to pay, when that spot is open, and what forms of payment it takes.
4. Ask exactly how to write the payee line on a check or money order.
5. Have your ID in hand and the exact sum ready, and file the signed receipt away.

With a partner or family assault charge, hold off on the drive. No one can post bail until a judge rules.

In many cases, yes. A statewide court rule lets people pay schedule bail right at the court office on regular business days. Phone first, because small offices keep limited hours.

• Justice Court: second floor, 103 W. Wallace St., Virginia City, MT 59755. Mail goes to P.O. Box 277, Virginia City, MT 59755. Phone payments: 406-500-8221.
• Ennis City Court: 328 West Main Street, Ennis, MT 59729, 406-682-7339. Staff are in on Mondays and alternating Thursdays, 8:30 a.m. to 4:30 p.m. Checks should read "Ennis City Court."

While you are on the phone, ask two things. Will the jail let the person go once the payment clears? And does a felony bond need to go to District Court instead?

Both local courts link to a card payment service called CitePayUSA. Those links are for fines, tickets and court bonds tied to a case. They are not a way to post jail bail for someone sitting in a cell.

• The Justice Court page links to online payment of court obligations. That court also takes payments by phone at 406-500-8221 and by mail.
• The Ennis City Court page links to online payment of bonds and fines.

For bail on someone in custody, call the jail that holds them and ask how it accepts money. Never pay bail through a stranger who calls or texts you about it.

It can be, if you go in with open eyes. Montana's statutes use the phrase "surety bail bond insurance producer" for a bondsman. The Commissioner of Securities and Insurance licenses each one (MCA 33-17-1601). Points to check before you sign:

• The fee you pay the agent never comes back, even if the case is dismissed.
• Agents may want something valuable as collateral, maybe a pickup title. Ask for a written promise on when you get it back.
• An agent's bond is about showing up in court and nothing else. It never pays fines or restitution (MCA 46-9-503).
• If the client misses court, the agent has the right to arrest them, after notifying local police in most cases (MCA 46-6-508).
• Look up the agent's license on the national licensee lookup.

Yes. Paying bail settles one case and nothing more. Watch for these:

• An outside warrant. When the hold is for another county or state, no judge here can set bail on it (MCA 46-9-201). That rule dates from 2025. The Justice Court may hold a courtesy hearing, but the court that issued the warrant controls release.
• Extradition. Someone brought back from another state has to see the judge who issued the warrant before bail (MCA 46-9-105).
• Supervision. Judges factor in current probation or parole (MCA 46-9-109).
• Two cases. An Ennis ticket and a county charge each carry separate bail.
• Federal or ICE holds. Read the two answers near the bottom.

Ask the jail to read off every hold and charge before you pay a cent.

Only in narrow cases. The state Constitution makes bail a right unless the crime can be punished by death and "the proof is evident or the presumption great" (Mont. Const. art. II, sec. 21). Excessive bail is forbidden too (Mont. Const. art. II, sec. 22).

Still, a judge may hold a person in jail all the way to trial. That takes probable cause to believe nothing short of a cell will get them back to court (MCA 46-9-106). Factors include the charge, prior record, past flight, danger to others and community roots. A scored risk tool is allowed (MCA 46-9-109).

County cases are prosecuted by the County Attorney, 103 W. Wallace Street, Virginia City, MT 59755, 406-898-5176. That office makes the state's bail argument at the hearing.

Either side may ask the judge to raise, reduce or rework bail (MCA 46-9-311). The other side has to hear about the request ahead of time. What helps most:

1. A written motion from the defense lawyer, filed in the court handling the case.
2. Proof of steady work, a local address, relatives close by and a real budget. The law bars oppressive bail and makes the court consider the person's money (MCA 46-9-301).
3. A plan that answers the judge's concerns, such as a curfew, check-ins or a no-alcohol rule.

Call the Justice Court at 406-500-8347 to learn when a hearing can be set. Ennis cases go through 406-682-7339.

At the first hearing, the judge must cover several rights, and a lawyer is one of them (MCA 46-7-102). The public defender handles felonies, jailable misdemeanors and cases in Youth Court.

• From jail: fill in and sign the county's public defender application, then give it to a detention officer.
• Out of jail: return the form plus a financial affidavit to the Justice Court within 24 hours.
• The state office serving this area is in Butte: Office of State Public Defender, 44 W. Park, Butte, MT 59701, 406-496-6680. The state also takes applications online at advopd.mt.gov.

If household income is within 133% of the poverty level, the person qualifies. So can people who would suffer real hardship paying a private lawyer (MCA 47-1-111). If there is a conviction, the court may order some of the cost repaid (MCA 46-8-113).

The local courts sit in Virginia City and Ennis, and federal cases go to Butte:

• Justice Court, for misdemeanors and the first stage of felonies: Second Floor, 103 W. Wallace St., Virginia City, MT 59755, 406-500-8347. Open court meets Tuesdays at 9:00 a.m.
• Fifth Judicial District Court, for felony cases: its clerk shares the second floor at 103 W. Wallace St., Virginia City, MT 59755. Mondays are the district judge's court day here, and on other days the judge sits in Dillon and Boulder. For the clerk's phone, ring the courthouse, and the Justice Court desk can steer you.
• Ennis City Court, for charges from inside Ennis: 328 West Main Street, Ennis, MT 59729, 406-682-7339.
• Federal court: Mike Mansfield Federal Courthouse, 400 N. Main Street, Suite 273, Butte, MT 59701, 406-497-1279.

Construction on a courthouse addition is set to last until mid-2028, so phone ahead before a visit.

Provided the person attended every required hearing, the court pays the cash back once the case closes (MCA 46-9-502). Court rules let the refund go only to the person who posted it, so hang on to that receipt.

Skipping court puts the money at risk. A judge can forfeit the bail. Notice then has to go out by mail in 10 working days, or the bond is cancelled (MCA 46-9-503). Then:

• The person gets 90 days to turn up or explain the absence, and the judge may erase the forfeiture.
• Forfeited cash on a misdemeanor goes into the treasury of whichever town or county received it. Forfeited felony cash goes to the state (MCA 46-9-511).
• Forfeited bail may be paid to a victim as restitution (MCA 46-9-512).

Refund questions go to the court holding the money, such as Ennis City Court at 406-682-7339 or the Justice Court payment line at 406-500-8221.

Personal items go wherever the person was booked and stay there until release. Phone that jail before driving over. Gallatin's line is 406-582-2130. Ask how any account balance gets paid out, what hours pickup is allowed, and whether the person has to put a release in writing.

The Gallatin Sheriff's Office also offers a property release appointment form on its contact page. Staff can tell you if it applies. Bring photo ID. For account money, our inmate money page describes how deposits and refunds commonly work.

Yes. Butte is where federal charges from here are heard, in a division of the U.S. District Court for the District of Montana. The address is Mike Mansfield Federal Courthouse, 400 N. Main Street, Suite 273, Butte, MT 59701, 406-497-1279.

• At the first appearance, the court orders either release on terms or detention. A lawyer can only delay that hearing briefly (18 U.S.C. 3142).
• The U.S. Marshals Service has custody until trial. Ask its Montana office at 406-200-6004 where the person is housed.
• Under an agreement with the Marshals, the Gallatin jail can house federal detainees.
• Track filings on PACER. After sentencing, check the Federal Bureau of Prisons inmate locator.

No. An Immigration and Customs Enforcement (ICE) detainer stays in place after state bail is paid. Here is the usual chain:

1. First, a Form I-247A detainer arrives at the jail from ICE.
2. With that form, staff can keep the person behind bars for up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
3. Montana officers must act on the detainer, and the person must be told why they are still held (MCA 27-16-801). Proof of citizenship, or of lawful status, means the hold has to be dropped.
4. ICE then collects the person for its Salt Lake City Field Office, whose territory includes Montana: 2975 Decker Lake Drive, Suite 100, West Valley City, UT 84119, 801-736-1200.
5. Search the ICE Online Detainee Locator. Have the full name and birth country handy.

A felony term longer than a year is a state sentence, handled by the Montana Department of Corrections. Before placement, the state assesses the person, who usually stays in a county jail meanwhile. After that, the state picks a fitting placement, such as a treatment program, a prerelease center or prison.

• The state's offender search works with a name or a DOC ID number.
• Parole hearings are the job of the Board of Pardons and Parole, 1002 Hollenbeck Road, Deer Lodge, MT 59722, 406-846-1404.
• Deer Lodge, Billings and the other state sites are described in our Montana state prisons guide.

In Montana, everyone under 18 counts as a youth. Most of their cases go before the district judge, acting as a Youth Court judge (MCA 41-5-203). Adult jails may keep a youth for a few hours at most, or up to 24 hours in rural areas, with no sight or sound contact with adults (MCA 41-5-349). The county has a 2021 agreement with Gallatin County covering youth detention.

• When a youth is locked up, the law calls for a probable cause hearing within 24 hours. A youth picked up on a Friday may wait until Monday, since weekends and holidays are left out (MCA 41-5-332).
• Youths can be released on bail. The judge weighs what the youth and parents can pay (MCA 41-5-323).
• Juvenile Probation works weekdays from 8 a.m. to 5 p.m. on the Second Floor, 100 W. Wallace St., Virginia City, MT 59755. Phone the courthouse to reach an officer. The Sheriff's Office, 406-843-5301, can tell you where the youth went.