Montana Code 46-30-229. Prior waiver of extradition
46-30-229. Prior waiver of extradition. (1) A person who is alleged to have violated the terms of the person’s bail, probation, parole, or any other conditional release from another state and who is held in this state may be released to the duly authorized agent of that other state without the warrant provided for in 46-30-213 if the following has occurred:
Terms Used In Montana Code 46-30-229
- 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.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
(a)a district court in this state has held a hearing at which the state has presented:
(i)a certified copy of an agreement to waive extradition, signed by the person or an order from the other state releasing the person on the condition that the person waive extradition;
(ii)a certified copy of the warrant or order from the other state directing the return of the person for violating the terms of the person’s release; and
(iii)evidence that the person is the same person named in the warrant or order; and
(b)the district court has found that there is probable cause to believe that the person is the same person charged in the warrant or order. Whenever a district court makes this finding, it shall, except as provided in subsection (2), order that the person be remanded to custody and delivered to agents of the other state. The court shall also advise the person of the right to contest the order by filing a writ of habeas corpus.
(2)If the person wishes to test the validity of the order issued pursuant to subsection (1)(b), the court shall fix a reasonable time for the person to apply for a writ of habeas corpus before the person may be released to agents from the other state.