Section 23-26A-1 – Request by another state for arrest of accused who has violated terms of release–Documents filed with magistrate.
23-26A-1. Request by another state for arrest of accused who has violated terms of release–Documents filed with magistrate. If a person who has been charged with a crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions […]
Section 23-26A-2 – Warrant for arrest of accused person.
23-26A-2. Warrant for arrest of accused person. Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the committing magistrate shall issue a warrant […]
Section 23-26A-3 – Magistrate’s direction to prosecuting attorney to investigate.
23-26A-3. Magistrate’s direction to prosecuting attorney to investigate. The committing magistrate shall notify the prosecuting attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by §23-26A-1 and the identity and authority of the affiant. Source: SL 1978, ch 174, §3.
Section 23-26A-4 – Arrested person taken before magistrate–Advice as to rights.
23-26A-4. Arrested person taken before magistrate–Advice as to rights. The person whose removal is sought shall be brought before the committing magistrate immediately upon arrest pursuant to the warrant; whereupon the committing magistrate shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, […]
Section 23-26A-5 – Waiver of hearing by person arrested.
23-26A-5. Waiver of hearing by person arrested. The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the committing magistrate shall issue an order pursuant to §23-26A-7. Source: SL 1978, ch 174, §5.
Section 23-24B-4.1 – Investigation and report to judge by attorney general.
23-24B-4.1. Investigation and report to judge by attorney general. The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. Source: SL 1978, ch 172, §4.
Section 23-24B-4.2 – Scope of circuit judge’s inquiry.
23-24B-4.2. Scope of circuit judge’s inquiry. The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime. […]
Section 23-24A-32 – Enforcement and cooperation by state agencies and political subdivisions.
23-24A-32. Enforcement and cooperation by state agencies and political subdivisions. All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. Source: SL 1972, […]
Section 23-24A-33 – Agreement in force on enactment into law–Withdrawal by party state.
23-24A-33. Agreement in force on enactment into law–Withdrawal by party state. This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any […]
Section 23-24A-34 – Liberal construction of agreement–Severability of provisions.
23-24A-34. Liberal construction of agreement–Severability of provisions. This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States […]