Montana Code 46-30-228. Written waiver of extradition proceedings
46-30-228. Written waiver of extradition proceedings. (1) Any person of this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of the person’s bail, probation, or parole may waive the issuance and service of the warrant provided for in 46-30-213 and 46-30-215 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that the person consents to return to the demanding state. Before a waiver is executed or subscribed by the person, it is the duty of the judge to inform the person of the person’s rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in 46-30-217.
Terms Used In Montana Code 46-30-228
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- 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
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)If and when consent has been duly executed, it must, without delay, be forwarded to the office of the governor of this state and filed in the governor’s office. The judge shall direct the officer having the person in custody to deliver, without delay, the person to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the agent or agents a copy of the consent.
(3)This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor may this waiver procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.