Montana Code 46-30-217. Rights of accused persons — habeas corpus
46-30-217. Rights of accused persons — habeas corpus. (1) A person arrested upon a warrant pursuant to this chapter may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken without delay before a judge of a court of record in this state, who shall inform the person of the demand made for the person’s surrender and of the crime with which the person is charged and that the person has the right to demand and procure legal counsel.
Terms Used In Montana Code 46-30-217
- Arrest: Taking physical custody of a person by lawful authority.
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Court: means a place where justice is judicially administered and includes the judge of the court. 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
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Judge: means a person who is vested by law with the power to perform judicial functions. 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
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(2)If the prisoner or the prisoner’s counsel states that the prisoner or the prisoner and counsel desire to test the legality of the prisoner’s arrest, the judge of the court of record shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice of the writ and of the time and place of hearing on the writ must be given to the prosecuting officer of the county in which the arrest was made and in which the accused is in custody and to the agent of the demanding state.