The bill proposes a new legal framework for the prosecution of individuals in Montana who are subject to federal immigration detention. It allows the state to initiate criminal prosecutions against these individuals for violations of state criminal law. If a prosecution is already underway, the state has the option to surrender the individual to federal authorities upon request or to retain custody until the state legal proceedings are concluded.

Additionally, the bill mandates that if a prosecutor is considering not to pursue charges against such an individual, they must notify the Attorney General before making a final decision. This notification is intended to provide the Attorney General with the opportunity to initiate prosecution if deemed necessary. The bill is designed to be integrated into existing state law under Title 46, chapter 1, part 1.