Montana Title 46. Criminal Procedure § 46-30-229. Prior waiver of extradition

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) When a court is presented with a prior waiver of extradition executed in another state for 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, the person must be released to the duly authorized agent of that other state without the governor's warrant of arrest and rendition provided for in 46-30-213 or without a waiver of extradition subscribed to in this state under 46-30-228 after satisfying the following:

(a) a court of record in this state has held a hearing at which the state has presented:

(i) a certified copy of a waiver of extradition agreement, signed by the person or an order from the other state releasing the person on the condition that the person execute a waiver of 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 from the other state; and

(b) the court of record has found that there is probable cause to believe that the person is the same person charged in the warrant or order from the other state. Whenever a court of record makes this finding, it shall, except as provided in subsection (2), order that the person be remanded to custody without bail and delivered to agents of the other state without delay, unless a hold exists under 46-30-202. The court shall also advise the person of the right to contest its 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. When the writ is applied for, notice of the writ and of the time and place of hearing on the writ must be given to the prosecuting officer of the county in which the arrest was made and in which the accused is in custody and to the agent of the requisitioning state.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-30-229. Prior waiver of extradition - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-30-229/

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