North Dakota Code 29-30.3-06 – (2-103) Appearance prior to receipt of demand or request
1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of:
Terms Used In North Dakota Code 29-30.3-06
- Arrest: Taking physical custody of a person by lawful authority.
- magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The name of the other state that has subjected the person to an arrest warrant; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; and
d. The right to require a judicial hearing under this chapter before transfer of custody to the other state.
2. After being informed by the magistrate of the effect of a waiver, the arrested person may waive the right to require a judicial hearing under this chapter and consent to return to the other state by executing a written waiver in the presence of the magistrate. If the waiver is executed, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose application the arrest warrant was issued in the other state, authorize the voluntary return of the person to that state.
3. Unless a waiver is executed pursuant to subsection 2, the magistrate shall:
a. Release the person upon conditions that will reasonably assure availability of the person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or
b. Direct a law enforcement officer to maintain custody of the person.
Subject to section 29-30.3-07, the period of conditional release or custody may not exceed thirty days.