Montana Code Annotated 2023



Part 2. Extradition to Another State From This State

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.