reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-204. Extradition of persons not present in demanding state when crime committed

46-30-204. Extradition of persons not present in demanding state when crime committed.
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in 46-30-211 with committing an act in this state or in a third state intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
History: En. 95-3106 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3106.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-211. Demand -- form

46-30-211. Demand -- form.
(1) A demand for the extradition of a person charged with a crime in another state may not be recognized by the governor unless it is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime and that after the crime the person fled from the state, except in cases arising under 46-30-204, and accompanied by:
(a) a copy of an indictment found or information supported by an affidavit in the state having jurisdiction of the crime;
(b) a copy of an affidavit made before a magistrate in that state, together with a copy of any warrant that was issued; or
(c) a copy of a judgment of conviction or of a sentence imposed in execution of the judgment or sentence, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, or parole.
(2) The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state. The copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
History: En. 95-3103 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3103; amd. Sec. 1772, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 2. Extradition to Another State From This State › 46-30-212. Investigation by governor

46-30-212. Investigation by governor.
When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand and to report to the governor the situation and circumstances of the person demanded and whether the person ought to be surrendered.
History: En. 95-3104 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3104; amd. Sec. 1773, Ch. 56, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 4. Extradition to This State From Another State › 46-30-405. No immunity from other criminal prosecutions

46-30-405. No immunity from other criminal prosecutions.
After a person has been brought back to this state by extradition proceedings, the person may be tried in this state for other crimes that the person may be charged with having committed here as well as that specified in the requisition for the person's extradition.
History: En. 95-3130 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3130; amd. Sec. 1792, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 4. Extradition to This State From Another State › 46-30-411. Expenses of bringing fugitives back to this state

46-30-411. Expenses of bringing fugitives back to this state.
(1) When the governor of this state, in the exercise of the authority conferred by Article IV, section 2, of the constitution of the United States or by the laws of this state, demands from the executive authority of any state of the United States or of any foreign government the surrender to the authorities of this state of a fugitive from justice who has been found and arrested in that state or foreign government, the accounts of the person employed by the governor to bring back the fugitive must be audited by the governor and paid out of the state treasury.
(2) An agent of this state authorized to return a fugitive from justice to this state may use commercial transportation, aircraft, or motor vehicle to return the fugitive. If the fugitive is returned to this state by an officer or employee of the state or of a political subdivision of the state, the agent must be paid travel expenses, as provided for in 2-18-501 through 2-18-503, incurred in returning the fugitive to this state. If the governor's authorized agent contracts for the performance of the transportation with a person or entity who is not an officer or employee of the state or of a political subdivision of the state, the expenses must be paid in accordance with the rate established by the contracting parties, as approved by the office of the governor.
History: (1)En. 95-3124 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 18, Ch. 343, L. 1977; Sec. 95-3124, R.C.M. 1947; (2)En. Sec. 1, Ch. 331, L. 1975; amd. Sec. 31, Ch. 453, L. 1977; Sec. 95-3124.1, R.C.M. 1947; R.C.M. 1947, 95-3124, 95-3124.1; amd. Sec. 3, Ch. 446, L. 1979; amd. Sec. 2, Ch. 371, L. 2001; amd. Sec. 1, Ch. 39, L. 2011.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 4. Extradition to This State From Another State › 46-30-412. Restrictions on compensation for assisting return of fugitive

46-30-412. Restrictions on compensation for assisting return of fugitive.
No compensation, fee, or reward of any kind may be paid to or received by a public officer of this state or other person for a service rendered in procuring from the governor the demand mentioned in 46-30-411(1), for the surrender of the fugitive, or for conveying the fugitive to this state or detaining the fugitive in this state except as provided in 46-30-411.
History: En. 95-3125 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 57, Ch. 184, L. 1977; R.C.M. 1947, 95-3125; amd. Sec. 1793, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 30. Uniform Criminal Extradition Act › Part 4. Extradition to This State From Another State › 46-30-413. Penalty for illegal compensation

46-30-413. Penalty for illegal compensation.
Every person who violates any of the provisions of 46-30-412 is guilty of a misdemeanor.
History: En. 95-3126 by Sec. 14, Ch. 513, L. 1973; R.C.M. 1947, 95-3126.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 31. Interstate Agreement on Detainers › Part 1. Contents of Agreement › 46-31-102. Jurisdiction of district courts

46-31-102. Jurisdiction of district courts.
The phrase "appropriate court", as used in the agreement on detainers, shall with reference to the courts of this state mean district courts.
History: En. Sec. 2, Ch. 215, L. 1963; Sec. 94-1101-2, R.C.M. 1947; redes. 95-3132 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3132.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 31. Interstate Agreement on Detainers › Part 2. Enforcement of Agreement › 46-31-201. Public agencies to cooperate in enforcement

46-31-201. Public agencies to cooperate in enforcement.
All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
History: En. Sec. 3, Ch. 215, L. 1963; Sec. 94-1101-3, R.C.M. 1947; redes. 95-3133 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3133.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 31. Interstate Agreement on Detainers › Part 2. Enforcement of Agreement › 46-31-202. Warden to give over inmate

46-31-202. Warden to give over inmate.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
History: En. Sec. 5, Ch. 215, L. 1963; Sec. 94-1101-5, R.C.M. 1947; redes. 95-3135 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3135.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 31. Interstate Agreement on Detainers › Part 2. Enforcement of Agreement › 46-31-203. Coordinator of agreement

46-31-203. Coordinator of agreement.
The governor shall appoint an officer of this state as coordinator of this agreement who, acting jointly with like officers of party states, shall promulgate rules to carry out more effectively the terms and provisions of this chapter and who shall provide within and without the state information necessary to the effective operation of this agreement.
History: En. Sec. 6, Ch. 215, L. 1963; Sec. 94-1101-6, R.C.M. 1947; redes. 95-3136 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3136.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 31. Interstate Agreement on Detainers › Part 2. Enforcement of Agreement › 46-31-204. Penalty for escape from custody on detainer

46-31-204. Penalty for escape from custody on detainer.
Every prisoner confined in state prison for a term less than for life who has been lawfully delivered into the temporary custody of appropriate officers of a party state for trial on a charge or detainer based on an untried indictment, information, or complaint and who escapes is punishable by a fine in an amount not to exceed $50,000 or by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or both. The second term of imprisonment must commence from the time the prisoner would otherwise have been discharged from prison.
History: En. Sec. 4, Ch. 215, L. 1963; Sec. 94-1101-4, R.C.M. 1947; redes. 95-3134 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3134; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1795, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-101. Terminated

46-32-101. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 1, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-102. Terminated

46-32-102. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 2, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-103. Terminated

46-32-103. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 3, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-104. Terminated

46-32-104. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 4, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-105. Terminated

46-32-105. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 5, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-106. Terminated

46-32-106. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 6, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-107. Terminated

46-32-107. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 7, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 32. Wrongful Conviction(terminated) › Part 1. Proceedings for Compensation(Terminated) › 46-32-108. Terminated

46-32-108. Terminated.
Sec. 15, Ch. 574, L. 2021.
History: En. Sec. 8, Ch. 574, L. 2021.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-102. Purpose

47-1-102. Purpose.
The purposes of this chapter are to:
(1) establish a statewide public defender system to provide effective assistance of counsel to indigent criminal defendants and other persons in civil cases who are entitled by law to assistance of counsel at public expense;
(2) ensure that the system is free from undue political interference and conflicts of interest;
(3) provide that public defender services are delivered by qualified and competent counsel in a manner that is fair and consistent throughout the state;
(4) establish a system that utilizes state employees, contracted services, or other methods of providing services in a manner that is responsive to and respective of regional and community needs and interests;
(5) ensure that adequate public funding of the statewide public defender system is provided and managed in a fiscally responsible manner; and
(6) ensure that clients of the statewide public defender system pay reasonable costs for services provided by the system based on the clients' financial ability to pay.
History: En. Sec. 3, Ch. 449, L. 2005; amd. Sec. 5, Ch. 344, L. 2011.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-103. Definitions

47-1-103. Definitions.
As used in this chapter, unless the context clearly requires otherwise, the following definitions apply:
(1) "Court" means the supreme court, a district court, a youth court, a justice's court, a municipal court, or a city court.
(2) "Director" means the director of the office of state public defender hired by the director of the department of administration as provided in 2-15-1029.
(3) "Indigent" means that a person has been determined under the provisions of 47-1-111 to be indigent and financially unable to retain private counsel.
(4) "Office" means the office of state public defender established in 2-15-1029.
(5) "Public defender" means an attorney employed by or under contract with the office and assigned to provide legal counsel to a person under the provisions of this chapter, including attorneys employed by or under contract with the appellate defender division and the conflict defender division.
(6) "Statewide public defender system", "state system", or "system" means the system of public defender services established pursuant to this chapter.
History: En. Sec. 2, Ch. 449, L. 2005; amd. Sec. 2, Ch. 24, L. 2011; amd. Sec. 20, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-110. Repealed

47-1-110. Repealed.
Sec. 2, Ch. 5, L. 2019.
History: En. Sec. 13, Ch. 449, L. 2005; amd. Sec. 1, Ch. 31, L. 2011; amd. Sec. 23, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-119. Central services division -- responsibilities -- department of administration to support

47-1-119. Central services division -- responsibilities -- department of administration to support.
(1) There is a central services division in the office of state public defender. The division must be located in Butte, Montana. The central services division is supervised by an administrator hired by the director.
(2) The central services division shall:
(a) manage eligibility determination under 47-1-111;
(b) manage contracting under 47-1-121;
(c) manage training pursuant to 47-1-120;
(d) provide administrative support to the director; and
(e) actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the system.
(3) The central services division shall establish for the office of state public defender:
(a) standard procedures to handle complaints about public defender performance and work with the public defender division administrator, appellate defender division administrator, and conflict defender division administrator to ensure that public defenders, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the disciplinary jurisdiction of the supreme court and the rules promulgated pursuant to Article VII, section 2, of the Montana constitution and the applicable provisions of Title 37, chapter 61;
(b) processes and procedures to ensure that employees and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported; and
(c) budgeting, reporting, and related administrative requirements for the office of state public defender, including procedures for the approval, payment, recording, reporting, and management of all defense expenses.
(4) The following expenses are payable by the central services division if the expense is incurred at the request of a public defender and is authorized by the director:
(a) witness and interpreter fees and expenses as provided for in Title 26, chapter 2, part 5, and 46-15-116; and
(b) transcript fees, as provided in 3-5-604.
(5) If the costs to be paid pursuant to subsection (4) are not paid directly, reimbursement must be made within 30 days of the receipt of a claim.
(6) The department of administration established in 2-15-1001 shall provide central services support to the extent feasible and efficient.
History: En. Sec. 26, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-120. Training program -- coordinator

47-1-120. Training program -- coordinator.
(1) There is within the central services division provided for in 47-1-119 a position of training coordinator for public defenders.
(2) The central services division administrator shall hire the training coordinator.
(3) The training coordinator shall:
(a) coordinate training to public defenders in current aspects of criminal and civil law involving public defense;
(b) assist in the development and dissemination of standards, procedures, and policies that will ensure that public defender services are provided consistently throughout the state;
(c) consolidate information on important aspects of public defense and provide for a collection of official opinions, legal briefs, and other relevant information;
(d) provide assistance with research or briefs and provide other technical assistance requested by a public defender; and
(e) perform other duties assigned by the director.
History: En. Sec. 10, Ch. 449, L. 2005; amd. Sec. 31, Ch. 358, L. 2017; Sec 47-1-210, MCA 2015; redes. 47-1-120 by Sec. 47(3)(b), Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 1. General › 47-1-125. Reports

47-1-125. Reports.
(1) (a) The office shall submit a biennial report to the governor, the supreme court, and the law and justice interim committee in accordance with 5-11-210.
(b) The biennial report must cover the preceding biennium and include:
(i) all policies or procedures in effect for the operation and administration of the statewide public defender system;
(ii) all standards of practice established or being considered by the director for the public defender division, the appellate defender division, and the conflict defender division;
(iii) the number of deputy public defenders and the region supervised by each;
(iv) the number of public defenders employed or contracted with in the system, identified by region, if appropriate, and office;
(v) the number of nonattorney staff employed or contracted with in the system, identified by region, if appropriate, and office;
(vi) the number of new cases in which counsel was assigned to represent a party, identified by region, court, and case type;
(vii) the total number of persons represented by the public defender division, the appellate defender division, and the conflict defender division identified by region, if appropriate, court, and case type;
(viii) the annual caseload and workload of each public defender identified by region, if appropriate, court, and case type;
(ix) the training programs conducted by the office and the number of attorney and nonattorney staff who attended each program;
(x) the continuing education courses on criminal defense or criminal procedure attended by each public defender employed or contracted with in the system; and
(xi) detailed expenditure data by court and case type.
(2) The office shall report data for each fiscal year by September 30 of the subsequent fiscal year representing the caseload for the entire statewide public defender system to the governor, the legislature in accordance with 5-11-210, and legislative fiscal analyst. The report must include unduplicated count data for all cases for which representation is paid for by the office, the number of new cases opened, the number of cases closed, the number of cases that remain open and active, the number of cases that remain open but are inactive, and the average number of days between case opening and closure for each case type. The report must be provided in an electronic format.
(3) (a) For the fiscal year beginning July 1, 2011, and every 5 years thereafter, the legislative fiscal analyst shall compare the percentage change in general fund revenue for the previous 5 years to the percentage change in the amounts allocated to local governments under the provisions of 15-1-121, as amended in 2005, and the actual costs for public defender services for the same time period.
(b) The results of the comparison must be reported to the governor, legislative finance committee, law and justice interim committee, and supreme court the following fiscal year and in accordance with 5-11-210.
History: En. Sec. 27, Ch. 358, L. 2017; amd. Sec. 78, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 47. Access to Legal Services › Chapter 1. Statewide Public Defender System › Part 2. Public Defender Services › 47-1-201. Public defender division -- personnel

47-1-201. Public defender division -- personnel.
(1) There is a public defender division. The head of the division is the public defender division administrator, who is hired and supervised by the director.
(2) The public defender division administrator must be an attorney licensed to practice law in the state.
(3) The public defender division administrator shall hire or contract for and supervise other personnel necessary to perform the function of the public defender division, including but not limited to:
(a) deputy public defenders, as provided in 47-1-215;
(b) assistant public defenders; and
(c) other necessary administrative and professional support staff for the public defender division.
History: En. Sec. 7, Ch. 449, L. 2005; amd. Sec. 16, Ch. 486, L. 2009; amd. Sec. 5, Ch. 24, L. 2011; amd. Sec. 2, Ch. 394, L. 2011; amd. Sec. 13, Ch. 120, L. 2013; amd. Sec. 28, Ch. 358, L. 2017; amd. Sec. 3, Ch. 61, L. 2019.