The bill revises the Uniform Criminal Extradition Act by updating definitions, service procedures for a governor's warrant, and the process for habeas challenges. Key changes include establishing a timeline for transferring individuals arrested under a governor's warrant to align with the federal Extradition Act, as well as introducing conditions for bail upon return to the state. The bill amends various sections of the Montana Code Annotated (MCA) to replace the term "demand" with "requisition" and clarifies the roles of the governor and executive authorities in the extradition process. It also requires a written requisition for extradition, grants the governor authority to investigate requests, and outlines the rights of accused persons, including penalties for officers who violate these rights.
Additionally, the bill stipulates that individuals with a prior waiver of extradition from another state must be released to that state's authorized agent without a governor's warrant, contingent on a court finding of probable cause. It clarifies the commitment process for awaiting requisition, allowing for a maximum holding period of 30 days, and outlines bail procedures. The prosecuting attorney is required to submit a written application for requisition to the governor, detailing the crime and the accused's location. The bill also modifies language regarding the expenses of returning individuals charged with crimes, ensuring costs are approved by the governor's office, and prohibits compensation for public officers involved in the requisition process, except as specified. Overall, these amendments aim to streamline and clarify the extradition process in Montana.
Statutes affected: LC Text: 46-30-101, 46-30-102, 46-30-202, 46-30-203, 46-30-204, 46-30-211, 46-30-212, 46-30-213, 46-30-214, 46-30-215, 46-30-217, 46-30-218, 46-30-225, 46-30-226, 46-30-228, 46-30-229, 46-30-302, 46-30-303, 46-30-304, 46-30-401, 46-30-402, 46-30-411, 46-30-412
HB0535_1(1): 46-30-101, 46-30-102, 46-30-202, 46-30-203, 46-30-204, 46-30-211, 46-30-212, 46-30-213, 46-30-214, 46-30-215, 46-30-217, 46-30-218, 46-30-225, 46-30-226, 46-30-228, 46-30-229, 46-30-302, 46-30-303, 46-30-304, 46-30-401, 46-30-402, 46-30-411, 46-30-412
HB0535_1(2): 46-30-101, 46-30-102, 46-30-202, 46-30-203, 46-30-204, 46-30-211, 46-30-212, 46-30-213, 46-30-214, 46-30-215, 46-30-217, 46-30-218, 46-30-225, 46-30-226, 46-30-228, 46-30-229, 46-30-302, 46-30-303, 46-30-304, 46-30-401, 46-30-402, 46-30-411, 46-30-412
HB0535_1(3): 46-30-101, 46-30-102, 46-30-202, 46-30-203, 46-30-204, 46-30-211, 46-30-212, 46-30-213, 46-30-214, 46-30-215, 46-30-217, 46-30-218, 46-30-225, 46-30-226, 46-30-228, 46-30-229, 46-30-302, 46-30-303, 46-30-304, 46-30-401, 46-30-402, 46-30-411, 46-30-412
HB0535_1: 46-30-101, 46-30-102, 46-30-202, 46-30-203, 46-30-204, 46-30-211, 46-30-212, 46-30-213, 46-30-214, 46-30-215, 46-30-217, 46-30-218, 46-30-225, 46-30-226, 46-30-228, 46-30-229, 46-30-302, 46-30-303, 46-30-304, 46-30-401, 46-30-402, 46-30-411, 46-30-412