If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under 46-30-204, that the person has fled from justice, the judge or magistrate shall by a warrant reciting the accusation commit the person to the county jail for a time not exceeding 30 days and specified in the warrant that will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense unless the accused posts bail as provided in 46-30-303 or until the accused is legally discharged.
§ 46-30-302, MCA