The bill establishes provisions for the prosecution of individuals in Montana who are subject to federal immigration detention for federal immigration violations. 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 introduces a requirement for prosecutors to notify the attorney general if they are considering declining to prosecute an individual who falls under the specified category. This notification is intended to provide the attorney general with the opportunity to initiate prosecution if deemed necessary. The bill is intended to be codified as part of Title 46, chapter 1, part 1 of Montana law.