Section 612:26 Written Waiver of Extradition Proceedings. - New Hampshire Statutes

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 RSA 612:7 and 612:8 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record 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 right to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in RSA 612:10. Following the execution of a waiver of extradition by such person, he shall be placed in custody without bail to await delivery to the agent of the demanding state. If after a reasonable time the agents of the demanding state have not taken custody of the accused, the accused shall be allowed to apply to the superior court for review of his custody status. If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the governor 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 right 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.

Source. 1937, 70:1. RL 437:26. RSA 612:26. 1993, 121:3, eff. Jan. 1, 1994.