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Committee hears governor-backed bill to tighten bail rules for fugitives
Summary
House Bill 396 would prevent transported fugitives from posting bail before appearing in court, require judges to consider fugitivity when setting bail in the extradition context, and clarify interstate compact rules; proponents told the committee the bill corrects gaps that let fugitives post bail after returning to Montana.
The Senate Judiciary committee heard sponsor testimony and agency witnesses on House Bill 396, a governor's request bill that clarifies how bail should operate for fugitives and in interstate extradition contexts.
Representative Greg Overstreet, the bill sponsor, said the bill's main goals are to ensure a second judge understands prior bail decisions, to require courts to consider a defendant's history of absconding or fugitivity when setting bail, and to prevent fugitives who were transported into Montana from posting bail before appearing before a judge. Anita Milanovich, general counsel for the governor, told the committee the bill incorporates stakeholder feedback (including bail bondsmen) and mirrors reforms in the state's extradition statute to close gaps that previously allowed transported fugitives to post bail before first appearing in court.
Guylaine Gilina, extradition coordinator in the governor's office, was available to answer operational questions about extradition and supported the bill's clarifications. The committee recorded no opponents and, with no questions recorded in the transcript, the sponsor waived closing comments. The hearing closed, and no executive action or vote on HB 396 appears in the transcript.
