Montana Code 46-30-211. Demand — form
46-30-211. Demand — form. (1) A demand for the extradition of a person charged with a crime in another state may not be recognized by the governor unless it is in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime and that after the crime the person fled from the state, except in cases arising under 46-30-204, and accompanied by:
Terms Used In Montana Code 46-30-211
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
- executive authority: includes the governor and any person performing the functions of governor in a state other than this state or the presiding officer of a recognized Indian tribe within the state of Montana;
(2)"governor" includes any person performing the functions of governor by authority of the law of this state;
(3)"state" referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America or an Indian reservation within the state of Montana. See Montana Code 46-30-101
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Writing: includes printing. See Montana Code 1-1-203
(a)a copy of an indictment found or information supported by an affidavit in the state having jurisdiction of the crime;
(b)a copy of an affidavit made before a magistrate in that state, together with a copy of any warrant that was issued; or
(c)a copy of a judgment of conviction or of a sentence imposed in execution of the judgment or sentence, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person’s bail, probation, or parole.
(2)The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state. The copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.