Montana Code Annotated 2017

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 30. UNIFORM CRIMINAL EXTRADITION ACT

Part 4. Extradition to This State From Another State

Expenses Of Bringing Fugitives Back To This State

46-30-411. Expenses of bringing fugitives back to this state. (1) When the governor of this state, in the exercise of the authority conferred by Article IV, section 2, of the constitution of the United States or by the laws of this state, demands from the executive authority of any state of the United States or of any foreign government the surrender to the authorities of this state of a fugitive from justice who has been found and arrested in that state or foreign government, the accounts of the person employed by the governor to bring back the fugitive must be audited by the governor and paid out of the state treasury.

(2) An agent of this state authorized to return a fugitive from justice to this state may use commercial transportation, aircraft, or motor vehicle to return the fugitive. If the fugitive is returned to this state by an officer or employee of the state or of a political subdivision of the state, the agent must be paid travel expenses, as provided for in 2-18-501 through 2-18-503, incurred in returning the fugitive to this state. If the governor's authorized agent contracts for the performance of the transportation with a person or entity who is not an officer or employee of the state or of a political subdivision of the state, the expenses must be paid in accordance with the rate established by the contracting parties, as approved by the office of the governor.

History: (1)En. 95-3124 by Sec. 14, Ch. 513, L. 1973; amd. Sec. 18, Ch. 343, L. 1977; Sec. 95-3124, R.C.M. 1947; (2)En. Sec. 1, Ch. 331, L. 1975; amd. Sec. 31, Ch. 453, L. 1977; Sec. 95-3124.1, R.C.M. 1947; R.C.M. 1947, 95-3124, 95-3124.1; amd. Sec. 3, Ch. 446, L. 1979; amd. Sec. 2, Ch. 371, L. 2001; amd. Sec. 1, Ch. 39, L. 2011.