Montana § 46-30-217 - Rights Of Accused Persons -- Habeas Corpus

§ 46-30-217. Rights Of Accused Persons -- Habeas Corpus

Rights of accused persons -- habeas corpus. (1) A person arrested in this state upon a governor's warrant of arrest and rendition pursuant to this chapter may not be delivered over to the agent whom the executive authority requisitioning 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 requisition 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 counsel. (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 on the governor's warrant of arrest and rendition, the judge of the court of record shall remand the prisoner to custody and 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 requisitioning state. A governor's warrant of arrest and rendition issued in accordance with the provisions of 46-30-213 and 46-30-215 must be presumed to be valid, and the person named in the warrant must be held in custody at all times and may only be eligible for release on bail if a court finds: (a) that the person in custody is not the same person named in the warrant; (b) that the person is not a fugitive from justice under 46-30-201 or otherwise subject to extradition under 46-30-204 ; (c) that there is no criminal charge or criminal proceeding pending against the person in the requisitioning state; or (d) that the documents are not on their face in order.