440.400 Waiver of extradition by person arrested in this state -- Procedure --
276 words·~1 min read·
/ky/440-400A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effect.
(1)Any person arrested in this state charged with having committed any 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 KRS 440.220 and 440.230 and all other procedure incidental to
extradition proceedings, by executing or subscribing in the presence of a judge of
any District or Circuit Court within this state a writing which states that he consents
to return to the demanding state; provided, however, that before such waiver shall
be executed or subscribed by such person it shall be the duty of such judge to
inform such person of his rights to the issuance and service of a warrant of
extradition and to obtain a writ of habeas corpus as provided for in KRS 440.250.
(2)If and when such consent has been duly executed it shall forthwith be forwarded to
the office of the Secretary of State of this state and filed therein. The judge shall
direct the officer having such person in custody to deliver forthwith such person to
the duly accredited agent or agents of the demanding state, and shall deliver or
cause to be delivered to such agent or agents a copy of such consent; provided,
however, that nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the demanding state,
nor shall this waiver procedure be deemed to be an exclusive procedure or to limit
the powers, rights or duties of the officers of the demanding state or of this state.