Montana § 46-30-228 - Written Waiver Of Extradition Proceedings

§ 46-30-228. Written Waiver Of Extradition Proceedings

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 in another state 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, including provisions related to bail, 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 be returned to another state. Before a waiver of extradition is executed or subscribed by the person, it is the duty of the judge to inform the person of the person's rights to provisions relating to bail and to the issuance and service of a governor's warrant of arrest and rendition and to obtain a writ of habeas corpus as provided for in 46-30-217 . (2) If and when a waiver of extradition has been duly executed, the clerk of court must, without delay, forward it to the office of the governor of this state to be filed in the governor's office. The judge shall remand the person to custody without bail and, unless a hold exists under 46-30-202 , direct the officer having the person in custody to deliver the person, without delay, to the duly accredited agent or agents of the other state and shall deliver or cause to be delivered to the agent or agents a copy of the waiver. A waiver of extradition lawfully executed in this state may not be revoked after notice of the waiver to the other state. (3) This section does not limit the rights of the accused person to return voluntarily and without formality to the other state before the person executes or subscribes to a waiver of extradition, nor may this waiver of extradition procedure be considered to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the other state or of this state.