Massachusetts General Laws ch. 276 sec. 20J – Waiver of warrant and procedure, etc.
Section 20J. Any person arrested in this commonwealth charged with having committed any crime in another state or with having been convicted in another state and having escaped from confinement or having broken the terms of his bail, probation or parole, may waive the issuance and service of the warrant provided for in sections sixteen and seventeen and all other procedure incidental to interstate rendition proceedings, by executing or subscribing in the presence of any court or justice of this commonwealth authorized to issue warrants in criminal cases a writing which states that he consents to return to the demanding state; provided, that if such waiver shall be executed or subscribed by such person it shall be the duty of such court or justice to inform such person of his rights to the issuance and service of a warrant in interstate rendition and to obtain a writ of habeas corpus as provided in section nineteen. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor and filed therein. Such court or justice shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to such agent a copy of such consent; provided, 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 the foregoing 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 commonwealth.
Terms Used In Massachusetts General Laws ch. 276 sec. 20J
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
