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MontanaHB 53569th Legislature, Regular Session (2025)House

Revise the uniform criminal extradition act

Sponsored By: Greg Overstreet (Republican)

Signed by Governor

Criminal ProcedureInterstate CooperationCourtsCrimes

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Extradition custody, bail, and timing rules

A judge can jail you up to 30 days while Montana waits for the governor’s warrant, unless you post bail or are discharged. If that time runs out, a judge may release you or extend jail or bail for up to 60 more days. Bail is allowed in most cases, but not if the other state’s law makes the crime punishable by death or life. Once a governor’s warrant issues, it is presumed valid and you stay in custody unless a court finds you are the wrong person, you are not subject to extradition, no case is pending, or the papers are not in order. Transfers follow the federal timeline as of December 17, 2024; if Montana is prosecuting you here, that clock pauses. After return to Montana on a judicial warrant, you cannot get bail until you first appear before the issuing judge (or another judge in the same court if unavailable).

Rules for signing extradition waivers

A judge must explain bail, the governor’s warrant, and your right to habeas corpus before you sign a written waiver. After you lawfully sign, the clerk sends it to the governor, and the judge remands you without bail and orders prompt delivery to the other state’s agents unless Montana has a local hold. You cannot revoke a valid waiver after the other state is notified. If you already signed a waiver in another state and are accused of violating probation, parole, bail, or other release, a Montana court may hand you over without a Montana governor’s warrant after a hearing with certified papers, proof of identity, and a probable-cause finding. The court tells you about habeas rights and gives reasonable time to file before release.

Modernized extradition papers and e-service

The law defines who counts as an executive authority, including acting governors and tribal presiding officers. It defines requisitions and governor’s warrants and requires the governor to issue requisitions under the state seal to an agent to receive and return the person. Officials may send an electronic copy or abstract of the governor’s warrant for service, which works the same as the original. People who ask the governor to request a return must file a sworn, written application in duplicate with two certified copies of the charging or conviction papers, and one set stays on file with the secretary of state.

Who pays for extradition transport

When Montana brings someone back by requisition or waiver, the state pays approved travel costs from the state treasury. If state or local employees do the trip, normal state travel rules apply; contractors are paid the governor‑approved contract rate. You may have to repay transport costs as restitution if you are returned and then arrested on a judicial warrant, under existing restitution laws. No public officer or other person may collect extra fees or rewards for getting a requisition, surrendering, moving, or holding someone, except payments allowed in the transport‑pay law.

Sponsors & Cosponsors

Sponsor

  • Greg Overstreet

    Republican • House

Cosponsors

  • Theresa Manzella

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 188 • No: 108

Senate vote • 4/15/2025

Do Concur

Yes: 33 • No: 17

Senate vote • 4/14/2025

Do Concur

Yes: 33 • No: 16

House vote • 3/5/2025

Do Pass

Yes: 62 • No: 36

House vote • 3/4/2025

Do Pass

Yes: 60 • No: 39

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/24/2025House

  6. Returned from Enrolling

    4/17/2025House

  7. Sent to Enrolling

    4/15/2025House

  8. 3rd Reading

    4/15/2025Senate

  9. 2nd Reading

    4/14/2025Senate

  10. Committee Report

    3/28/2025Senate

  11. Committee Executive Action

    3/28/2025Senate

  12. Hearing

    3/18/2025Senate

  13. Referred to Committee

    3/6/2025Senate

  14. 1st Reading

    3/6/2025Senate

  15. Referred to Committee

    3/6/2025Senate

  16. Transmitted to Senate

    3/5/2025House

  17. 3rd Reading

    3/5/2025House

  18. 2nd Reading

    3/4/2025House

  19. Committee Report

    2/26/2025House

  20. Fiscal Note Printed

    2/25/2025House

  21. Fiscal Note Signed

    2/25/2025House

  22. Committee Executive Action

    2/25/2025House

  23. Fiscal Note Received

    2/25/2025House

  24. Hearing

    2/20/2025House

  25. 1st Reading

    2/18/2025House

Bill Text

  • Enrolled

    4/16/2025

    PDF

  • Introduced

    2/18/2025

    PDF

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