3-1-522. Illness sufficient excuse — confinement under arrest. (1) Whenever an officer is required to keep a person arrested on a warrant of attachment in custody and to bring the person before a court or judge, the inability, from illness or otherwise, of the person to attend is sufficient excuse for not bringing the person before the court or judge.

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Terms Used In Montana Code 3-1-522

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)The officer may not confine a person arrested upon a warrant in a prison or otherwise restrain the person of personal liberty, except to the extent necessary to secure the person’s personal attendance.