reglab/housing_qa huggingface dataset:
MT Code § 46-30-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-213. Issuance of arrest warrant by governor

  46-30-213. Issuance of arrest warrant by governor. If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which must be sealed with the state seal and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution of the warrant. The warrant must substantially recite the facts necessary to the validity of its issuance.   History: En. 95-3107 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3107; amd. Sec. 1774, Ch. 56, L. 2009.
MT Code § 46-30-214 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-214. Recall of warrant or alias warrant

  46-30-214. Recall of warrant or alias warrant. The governor may recall the governor's warrant of arrest or may issue another warrant whenever the governor considers it proper.   History: En. 95-3121 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3121; amd. Sec. 1775, Ch. 56, L. 2009.
MT Code § 46-30-215 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-215. Execution of warrant

  46-30-215. Execution of warrant. The warrant must authorize the peace officer or other person to whom it is directed to arrest the accused at any time and any place where the accused may be found within the state, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.   History: En. 95-3108 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3108; amd. Sec. 1776, Ch. 56, L. 2009.
MT Code § 46-30-216 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-216. Authority of arresting officer

  46-30-216. Authority of arresting officer. Every such peace officer or other person empowered to make the arrest shall have the same authority to command assistance in arresting the accused as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.   History: En. 95-3109 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3109.
MT Code § 46-30-217 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-217. Rights of accused persons -- habeas corpus

  46-30-217. Rights of accused persons -- habeas corpus. (1) A person arrested upon a warrant pursuant to this chapter may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken without delay before a judge of a court of record in this state, who shall inform the person of the demand made for the person's surrender and of the crime with which the person is charged and that the person has the right to demand and procure legal counsel.   (2) If the prisoner or the prisoner's counsel states that the prisoner or the prisoner and counsel desire to test the legality of the prisoner's arrest, the judge of the court of record shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice of the writ and of the time and place of hearing on the writ must be given to the prosecuting officer of the county in which the arrest was made and in which the accused is in custody and to the agent of the demanding state.   History: En. 95-3110 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 52, Ch. 184, L. 1977; R.C.M. 1947, 95-3110; amd. Sec. 1777, Ch. 56, L. 2009.
MT Code § 46-30-218 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-218. Penalty for violating accused's rights

  46-30-218. Penalty for violating accused's rights. An officer who delivers to the agent for extradition of the demanding state a person in custody under the governor's warrant in willful disobedience of 46-30-217 shall be guilty of a misdemeanor and on conviction shall be fined not more than $1,000 or be imprisoned not more than 6 months, or both.   History: En. 95-3111 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3111; amd. Sec. 1778, Ch. 56, L. 2009.
MT Code § 46-30-219 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-219. through 46-30-224 reserved

  46-30-219 through 46-30-224 reserved.
MT Code § 46-30-225 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-225. Guilt or innocence of accused, when inquired into

  46-30-225. Guilt or innocence of accused, when inquired into. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition provided for in 46-30-211 has been presented to the governor except as it may be involved in identifying the person held as the person charged with the crime.   History: En. 95-3120 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 55, Ch. 184, L. 1977; R.C.M. 1947, 95-3120; amd. Sec. 1779, Ch. 56, L. 2009.
MT Code § 46-30-226 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-226. Confinement of accused in jail on route

  46-30-226. Confinement of accused in jail on route. (1) The officer or persons executing the governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which the prisoner may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or person having charge of the prisoner is ready to proceed on the route. However, the officer or person is chargeable with the expense of keeping the prisoner.   (2) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state or to whom a prisoner may have been delivered after waiving extradition in the other state and who is passing through this state with a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which the officer or agent may pass. The keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed on the route. However, the officer or agent is chargeable with the expense of keeping the prisoner. However, the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner is not entitled to demand a new requisition while in this state.   History: En. 95-3112 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3112; amd. Sec. 1780, Ch. 56, L. 2009.
MT Code § 46-30-227 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-227. Arrest of accused before making of requisition

  46-30-227. Arrest of accused before making of requisition. (1) A judge or magistrate of this state shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named in the warrant wherever the person may be found in this state and to bring the person before the issuer or any other judge, magistrate, or court that may be available in or convenient of access to the place where the arrest is made to answer the charge or complaint and affidavit whenever:   (a) a person within this state is charged on the oath of a credible person before the judge or magistrate with the commission of a crime in another state and, except in cases arising under 46-30-204, with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of the person's bail, probation, or parole; or   (b) a complaint is made before the judge or magistrate setting forth on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused is believed to be in this state and has been charged in the other state with:   (i) the commission of the crime and, except in cases arising under 46-30-204, having fled from justice; or   (ii) having been convicted of a crime in that state and having escaped from bail, probation, or parole.   (2) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued must be attached to the warrant.   History: En. 95-3113 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 53, Ch. 184, L. 1977; R.C.M. 1947, 95-3113; amd. Sec. 1781, Ch. 56, L. 2009.
MT Code § 46-30-228 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-228. Written waiver of extradition proceedings

  46-30-228. Written waiver of extradition proceedings. (1) Any person of this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of the person's bail, probation, or parole may waive the issuance and service of the warrant provided for in 46-30-213 and 46-30-215 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state. Before a waiver is executed or subscribed by the person, it is the duty of the judge to inform the person of the person's rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in 46-30-217.   (2) If and when consent has been duly executed, it must, without delay, be forwarded to the office of the governor of this state and filed in the governor's office. The judge shall direct the officer having the person in custody to deliver, without delay, the person to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the agent or agents a copy of the consent.   (3) This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor may this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.   History: En. 95-3128 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3128; amd. Sec. 1782, Ch. 56, L. 2009.
MT Code § 46-30-229 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 2. Extradition to Another State From This State|46-30-229. Prior waiver of extradition

  46-30-229. Prior waiver of extradition. (1) A person who is alleged to have violated the terms of the person's bail, probation, parole, or any other conditional release from another state and who is held in this state may be released to the duly authorized agent of that other state without the warrant provided for in 46-30-213 if the following has occurred:   (a) a district court in this state has held a hearing at which the state has presented:   (i) a certified copy of an agreement to waive extradition, signed by the person or an order from the other state releasing the person on the condition that the person waive extradition;   (ii) a certified copy of the warrant or order from the other state directing the return of the person for violating the terms of the person's release; and   (iii) evidence that the person is the same person named in the warrant or order; and   (b) the district court has found that there is probable cause to believe that the person is the same person charged in the warrant or order. Whenever a district court makes this finding, it shall, except as provided in subsection (2), order that the person be remanded to custody and delivered to agents of the other state. The court shall also advise the person of the right to contest the order by filing a writ of habeas corpus.   (2) If the person wishes to test the validity of the order issued pursuant to subsection (1)(b), the court shall fix a reasonable time for the person to apply for a writ of habeas corpus before the person may be released to agents from the other state.   History: En. Sec. 1, Ch. 392, L. 1987; amd. Sec. 1783, Ch. 56, L. 2009.
MT Code § 46-30-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 3. Procedure for Arresting Accused Without Warrant|46-30-301. Arrest of accused without warrant

  46-30-301. Arrest of accused without warrant. The arrest of a person may also be lawfully made by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term of 1 year or more. When arrested under this section, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as provided in 46-30-227. After the complaint is made, the accused's answer must be heard as if the accused had been arrested on a warrant.   History: En. 95-3114 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3114; amd. Sec. 17, Ch. 79, L. 1983; amd. Sec. 2, Ch. 379, L. 1991; amd. Sec. 1784, Ch. 56, L. 2009.
MT Code § 46-30-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 3. Procedure for Arresting Accused Without Warrant|46-30-302. Commitment to await requisition

  46-30-302. Commitment to await requisition. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under 46-30-204, that the person has fled from justice, the judge or magistrate shall by a warrant reciting the accusation commit the person to the county jail for a time not exceeding 30 days and specified in the warrant that will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense unless the accused posts bail as provided in 46-30-303 or until the accused is legally discharged.   History: En. 95-3115 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3115; amd. Sec. 1785, Ch. 56, L. 2009.
MT Code § 46-30-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 3. Procedure for Arresting Accused Without Warrant|46-30-303. Bail while awaiting requisition

  46-30-303. Bail while awaiting requisition. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond or undertaking with sufficient sureties and in a sum that the judge or magistrate considers proper, conditioned for the prisoner's appearance before the judge or magistrate at a time specified in the bond or undertaking and for the prisoner's surrender to be arrested upon the warrant of the governor of this state.   History: En. 95-3116 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3116; amd. Sec. 1786, Ch. 56, L. 2009.
MT Code § 46-30-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 3. Procedure for Arresting Accused Without Warrant|46-30-304. Extension of time of commitment or bail

  46-30-304. Extension of time of commitment or bail. If the accused is not arrested under the warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, a judge or magistrate may discharge the accused or may recommit the accused for a further period of 60 days or a supreme court justice or district court judge may again take bail for the accused's appearance and surrender, as provided in 46-30-303, for a period not to exceed 60 days after the date of the new bond or undertaking.   History: En. 95-3117 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 54, Ch. 184, L. 1977; R.C.M. 1947, 95-3117; amd. Sec. 1787, Ch. 56, L. 2009.
MT Code § 46-30-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 3. Procedure for Arresting Accused Without Warrant|46-30-305. Forfeiture of bail

  46-30-305. Forfeiture of bail. If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.   History: En. 95-3118 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3118; amd. Sec. 1788, Ch. 56, L. 2009.
MT Code § 46-30-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-401. Application for issuance of requisition

  46-30-401. Application for issuance of requisition. (1) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor a written application for a requisition for the return of the person charged. The application must state the name of the person charged, the crime charged against the person, the approximate time, place, and circumstances of its commission, and the state in which the person is believed to be, including the location of the accused in that state at the time the application is made. The application must certify that in the opinion of the prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not being instituted to enforce a private claim.   (2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the board of pardons and parole, or the warden of the institution or sheriff of the county from which the escape was made shall present to the governor a written application for a requisition for the return of the person. The application must state the name of the person, the crime of which the person was convicted, the circumstances of the person's escape from confinement or of the breach of the terms of bail, probation, or parole, and the state in which the person is believed to be, including the location of the person in that state at the time the application is made.   (3) The application must be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the:   (a) indictment returned;   (b) information and affidavit filed;   (c) complaint made to the judge or magistrate stating the offense with which the accused is charged;   (d) judgment of conviction; or   (e) sentence.   (4) The prosecuting officer, board of pardons and parole, warden, or sheriff may also attach further affidavits and other documents in duplicate that are considered proper to be submitted with the application.   (5) One copy of the application, with the action of the governor indicated by endorsement on the application, and one of the certified copies of the indictment, complaint, information and affidavits, judgment of conviction, or sentence must be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers must be forwarded with the governor's requisition.   History: En. 95-3123 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 56, Ch. 184, L. 1977; R.C.M. 1947, 95-3123; amd. Sec. 172, Ch. 575, L. 1981; amd. Sec. 204, Ch. 42, L. 1997.
MT Code § 46-30-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-402. Requisition by governor

  46-30-402. Requisition by governor. Whenever the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of the person's bail, probation, or parole in this state from the chief executive of any other state or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive a demand under the laws of the United States, the governor shall issue a warrant under the seal of this state to some agent commanding the agent to receive the person charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.   History: En. 95-3122 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3122; amd. Sec. 1789, Ch. 56, L. 2009.
MT Code § 46-30-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-403. Extradition of persons held in another state

  46-30-403. Extradition of persons held in another state. When it is desired to have returned to this state a person charged in this state with a crime and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.   History: En. 95-3105 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3105(part); amd. Sec. 1790, Ch. 56, L. 2009.
MT Code § 46-30-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 30. Uniform Criminal Extradition Act|Part 4. Extradition to This State From Another State|46-30-404. Immunity from service of civil process

  46-30-404. Immunity from service of civil process. A person brought into this state on or after waiver of extradition based on a criminal charge is not subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding that the person is being or has been returned to answer until the person has been convicted in the criminal proceedings or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.   History: En. 95-3127 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3127; amd. Sec. 1791, Ch. 56, L. 2009.