North Dakota Code 29-30.3-19 – (4-105) Rights of requested person
1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of:
Terms Used In North Dakota Code 29-30.3-19
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- 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 requesting rendition; 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 pursuant to section 29-30.3-20.
2. After being informed by the magistrate of the effect of a waiver, the requested person may waive the right to a judicial hearing and consent to return to the requesting 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 consent of the official upon whose application the request was issued 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 requested person and the state’s attorney of the county in which the hearing is to be held must be informed of the time and 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.