Montana Title 46. Criminal Procedure § 46-1-104. Criminal prosecution of persons subject to federal immigration detention--notification to attorney general

(1) The state may initiate a criminal prosecution against a person who is subject or may be subject to federal detention for federal immigration violations for a violation of criminal law committed in this state.

(2) If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the state may surrender the person to the federal government on demand for federal immigration violations or hold the person until the person has been tried and discharged or convicted and punished in this state.

(3) If a prosecutor is considering declining to prosecute a person described in subsection (1), the prosecutor shall notify the attorney general prior to making the final decision to decline prosecution to allow the attorney general time to initiate prosecution.