SENATE BILL NO. 328
INTRODUCED BY J. WELLS
AN ACT TRANSFERRING FROM THE ATTORNEY GENERAL TO THE GOVERNOR RESPONSIBILITIES RELATING TO THE AUDITING AND PAYMENT OF EXPENSES FOR THE TRANSPORTATION AND EXTRADITION OF OFFENDERS; AND AMENDING SECTIONS 7-32-2144 AND 46-30-411, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-32-2144, MCA, is amended to read:
"7-32-2144. Mileage and expenses of sheriff for delivery of prisoners and mentally ill persons. (1) A sheriff
delivering prisoners at the state prison or a juvenile correctional facility or mentally ill persons at the Montana state hospital
or other mental health facility receives is entitled to actual expenses necessarily incurred in their transportation. The
expenses include the expenses of the sheriff in going to and returning from the institution. The sheriff shall take vouchers
for every item of expense. The amount of these expenses, as shown by the vouchers when presented by the sheriff, shall
must be audited and allowed by the attorney general governor or by the board of county commissioners, as the case may be,
and paid out of the same money and in the same manner as are other expense claims against the state or counties. In
determining the actual expense if travel is by a privately owned vehicle, the mileage rate shall be allowed as provided in
subsection (2). No other or further compensation may be received by sheriffs for such the expenses.
(2) Unless otherwise provided, while in the discharge of his civil and criminal duties, both civil and criminal, the sheriff
receives is entitled to a mileage allowance, as provided in 2-18-503. The sheriff shall must also be reimbursed for actual
and necessarily incurred expenses for transporting, lodging, and feeding persons ordered by the court, as provided in
2-18-501 through 2-18-503. The county is not liable for and the board of county commissioners may not pay for any claim
of the sheriff or other officer for any other expenses incurred in travel or for subsistence expenses in cases where for which
mileage is allowed under this section, the fees for mileage named in this section being in full for all such traveling expenses
in both civil and criminal work."
Section 2. Section 46-30-411, MCA, is amended to read:
"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 section 2, 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 such that state or foreign
government, the accounts of the person employed by him the governor to bring back such the fugitive must be audited by
the attorney general 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 utilize use commercial
transportation, aircraft, or motor vehicle to return the fugitive. The agent shall must be paid travel expenses, as provided for
in 2-18-501 through 2-18-503, as amended, incurred in returning the fugitive to this state."
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Latest Version of SB 328 (SB0328.ENR)
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