Montana Code Annotated 2023



Part 2. Extradition to Another State From This State

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.