13-3865.01. Written waiver of extradition proceedings; prior waiver

505 words·~2 min read·/az/title-13/13-3865-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 13-3847 and 13-3848 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge to inform the person of his right to the issuance or service of a warrant of extradition, the right to contest extradition by habeas corpus as provided in section 13-3850 and the right to bail as provided in section 13-3856.

B. If the consent is duly executed, the judge shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.

C. Notwithstanding subsection A of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:

1. The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

2. The law enforcement agency holding the person has received both of the following:

(a)An authenticated copy of the prior waiver of extradition signed by the person.

(b)A photograph and fingerprints properly identifying the person as the person who signed the waiver.

D. This section does not constitute a waiver by this state of its right, power or privilege to try a fugitive for a criminal offense committed in this state. If a local criminal charge is pending against the fugitive in a court in this state, the fugitive's transfer of custody is subject to the discretion of the governor as provided for in section 13-3859 and the provisions of sections 13-3855, 13-3856 and 13-3857 do not apply.

E. The delivery of a fugitive to an agent of a demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.

F. Any proceeding under this article that results or fails to result in the rendition of a fugitive person by extradition or detainer proceedings does not constitute a waiver by this state of its rights, privileges or jurisdiction.