North Dakota Code 29-06.1-04 – Order to transfer custody
1. A judicial order to transfer custody issued under section 29-06.1-03 must direct a law enforcement officer to take or retain custody of the person until an agent of the applicable tribal authority is available to take custody. If the agent has not taken custody within three days, excluding weekends and holidays, the judge may order the release of the person upon conditions that will assure the person’s availability on a specified date within seven days, excluding weekends and holidays. If the agent has not taken custody within the time specified in the order, the person must be released.
Terms Used In North Dakota Code 29-06.1-04
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
Thereafter, an order to transfer custody may be entered only if a new arrest warrant is issued.
2. The judge in the order transferring custody may authorize the voluntary return of the person with the consent of the applicable tribal authority.
3. An order to transfer custody is not appealable. An order denying transfer is appealable.