§ 5043.
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/vt/title-13/chapter-159/5043A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5043. Hearing, commitment, discharge
(a)If an arrest is made in this State by an officer of another state in accordance with the provisions of section 5042 of this title, the officer, without unnecessary delay, shall take the person arrested before a Superior judge of the unit in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.
(b)If the judge determines that the arrest was lawful, the judge shall commit the person arrested to await for the issuance of an extradition warrant by the Governor of this State within 90 days or admit such person to bail pending the issuance of such warrant. The judge shall consider the issuance of a judicial warrant for the arrest of the person who has fled justice to Vermont from another state when determining the risk of flight from prosecution.
(c)If the judge determines that the arrest was unlawful, the judge shall discharge the person arrested. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 108; 2025, No. 39, § 4, eff. May 28, 2025.)