40-5-154. Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of a child or to pay support to an obligee, the governor of this state may require any prosecutor of this state to demonstrate:
     (a) that at least 60 days previously, the obligee had initiated proceedings for support pursuant to this part; or
     (b) that the proceeding would be of no avail.
     (2) If, under this part or a law substantially similar to this part, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or to pay support to an obligee, the governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
     (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor of this state may decline to honor the demand if the individual is complying with the support order.

     History: En. Sec. 6, Ch. 237, L. 1969; R.C.M. 1947, ; amd. Sec. 14, Ch. 328, L. 1993; Sec. , MCA 1991; redes. by Code Commissioner, 1993; amd. Sec. 3, Ch. 352, L. 2001.