Montana Code 46-6-508. Arrest by surety bail bond insurance producer
46-6-508. (Effective January 1, 2024) Arrest by surety bail bond insurance producer. (1) A surety bail bond insurance producer who has probable cause to believe that a principal insured by the surety insurer to which the producer is appointed will fail to appear in court, in violation of 46-9-503(2), or has violated a condition of their release, may use reasonable force to arrest and detain the principal only as described in 46-9-510 and this section. The producer shall:
Terms Used In Montana Code 46-6-508
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
(a)except under exigent circumstances, prior to and no more than 6 hours before attempting to apprehend the principal, notify the local police department or sheriff’s office of the intent to apprehend the principal in that jurisdiction by telephoning nonemergency dispatch and provide:
(i)the name and producer license number of the individual who will be effecting the arrest; and
(ii)the name and approximate location of the principal; and
(b)immediately after the arrest of the principal, notify the local police department or sheriff’s office by telephoning nonemergency dispatch and provide:
(i)the name and producer license number of the individual who effected the arrest;
(ii)the name of the principal arrested and the description of the location of the arrest; and
(iii)if no notification was given under subsection (1)(a), a detailed explanation of the reasons a notification could not be given under subsection (1)(a).
(2)As used in this section, the following definitions apply:
(a)”Principal” means a defendant or a witness who has been admitted to bail and who is obligated to appear in court as required on penalty of forfeiting bail under a commercial bail bond.
(b)”Surety bail bond insurance producer” or “producer” means an insurance producer who is licensed to sell, solicit, or negotiate commercial bail bonds pursuant to Title 33, chapters 17 and 26.