Montana Code Annotated 2023



Part 2. Extradition to Another State From This State

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.