North Dakota Code 29-30.3-13 – (3-106) Rights of demanded person
1. A person arrested under a governor’s warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of:
Terms Used In North Dakota Code 29-30.3-13
- county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- 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 state demanding extradition; b. The crime charged or other basis for the demand; c. The right to assistance of counsel; and
d. The right to a judicial hearing under section 29-30.3-14.
2. After being informed by the magistrate of the effect of a waiver, the demanded person may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state, authorize the voluntary return of the person.
3. If a hearing is not waived, the magistrate shall hold it within ten days after the appearance. The demanded person and the state’s attorney of the county in which the hearing is to be held must be informed of the time and the place of the hearing. The magistrate shall:
a. Release the person upon conditions that will reasonably assure availability of the person for the hearing; or
b. Direct a law enforcement officer to maintain custody of the person.