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Montana Title 46. Criminal Procedure § 46-6-508. Arrest by surety bail bond insurance producer

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

(1) A surety bail bond insurance producer who has probable cause to believe that a principal insured by the surety insurer to which the producer is appointed will fail to appear in court, in violation of 46-9-503(2), or has violated a condition of their release, may use reasonable force to arrest and detain the principal only as described in 46-9-510 and this section. The producer shall:

(a) except under exigent circumstances, prior to and no more than 6 hours before attempting to apprehend the principal, notify the local police department or sheriff's office of the intent to apprehend the principal in that jurisdiction by telephoning nonemergency dispatch and provide:

(i) the name and producer license number of the individual who will be effecting the arrest; and

(ii) the name and approximate location of the principal; and

(b) immediately after the arrest of the principal, notify the local police department or sheriff's office by telephoning nonemergency dispatch and provide:

(i) the name and producer license number of the individual who effected the arrest;

(ii) the name of the principal arrested and the description of the location of the arrest; and

(iii) if no notification was given under subsection (1)(a), a detailed explanation of the reasons a notification could not be given under subsection (1)(a).

(2) As used in this section, the following definitions apply:

(a) “Principal” means a defendant or a witness who has been admitted to bail and who is obligated to appear in court as required on penalty of forfeiting bail under a commercial bail bond.

(b) “Surety bail bond insurance producer” or “producer” means an insurance producer who is licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapters 17 and 26.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-6-508. Arrest by surety bail bond insurance producer - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-6-508/

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