Montana Statutes
§ 46-1-104 — Criminal Prosecution Of Persons Subject To Federal Immigration Detention -- Notification To Attorney General
Montana·Title 46 CRIMINAL PROCEDURE·Ch. 1 GENERAL PROVISIONS·Part 1 Purpose and Application of Title
46-1-104 . Criminal prosecution of persons subject to federal immigration detention -- notification to attorney general.
(1)The state may initiate a criminal prosecution against a person who is subject or may be subject to federal detention for federal immigration violations for a violation of criminal law committed in this state.
(2)If a criminal prosecution has been instituted against a person under the laws of this state and is still pending, the state may surrender the person to the federal government on demand for federal immigration violations or hold the person until the person has been tried and discharged or convicted and punished in this state.
(3)If a prosecutor is considering declining to prosecute a person described in subsection (1), the prosecutor shall notify the attorne
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Legislative History
En. Sec. 1, Ch. 113, L. 2025.
Nearby Sections
15
§ 46-1-101
Repealed§ 46-1-102
Repealed§ 46-1-103
Scope -- Purpose -- Construction§ 46-1-1101
Short Title§ 46-1-1102
Purpose§ 46-1-1103
Definitions§ 46-1-1104
Drug Treatment Court Structure§ 46-1-1105
Through 46-1-1109 Reserved§ 46-1-1110
Treatment And Support Services§ 46-1-1111
Drug Testing§ 46-1-1112
Funding§ 46-1-1113
Statutory Construction§ 46-1-1114
Enforcement