1. MCA Contents
  2. TITLE 46
  3. CHAPTER 9
  4. Part 5
  5. 46-9-510 Surrender of defendant

Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 5. Conditions of Bail -- Violation Thereof

Surrender Of Defendant

46-9-510. Surrender of defendant. (1) At any time before the forfeiture of bail or within 90 days after forfeiture:

(a) the defendant may surrender to the court or any peace officer of this state; or

(b) a surety bail bond insurance producer licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapter 17, may arrest the defendant pursuant to 46-6-508 and surrender the defendant to the court, any peace officer, or any detention center facility of this state. Any arrest or surrender pursuant to this subsection (1) must be reported to the commissioner of insurance on a form and in a manner to be determined by the commissioner.

(2) The peace officer or detention center facility shall detain the defendant in custody as upon commitment and shall file a certificate, acknowledging the surrender, in the court having jurisdiction of the defendant. The court shall then order the bail exonerated.

History: En. 95-1115 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1115; amd. Sec. 84, Ch. 800, L. 1991; Sec. 46-9-205, MCA 1989; redes. 46-9-510 by Code Commissioner, 1991; amd. Sec. 2, Ch. 420, L. 2003; amd. Sec. 7, Ch. 592, L. 2023.