46-30-403. Extradition of persons held in another state. When it is desired to have returned to this state a person charged in this state with a crime and the person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or the person’s term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this state as soon as the prosecution in this state is terminated.

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Terms Used In Montana Code 46-30-403

  • 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.
  • 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