TITLE 19

CRIMINAL PROCEDURE

CHAPTER 45

PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE

19-4530.  Written waiver of extradition proceedings. (1) Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 19-4507 and 19-4508, Idaho Code, and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge or magistrate of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge or magistrate to inform the person of his right to the issuance or service of a warrant of extradition and the right to contest extradition by habeas corpus as provided in section 19-4510, Idaho Code.

(2)  If the consent is duly executed, the judge or magistrate shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.

(3)  Notwithstanding the provisions of subsections (1) and (2) of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor’s warrant if all of the following apply:

(a)  The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

(b)  The law enforcement agency holding the person has received both of the following:

(i)   An authenticated copy of the prior waiver of extradition signed by the person.

(ii)  A photograph and fingerprints properly identifying the person as the person who signed the waiver.

(4)  The delivery of a fugitive to an agent of the demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.

(5)  In any criminal proceeding wherein a court in this state has issued a warrant for the arrest of a person and that person was arrested in any other state, territory or possession of the United States, and that person waives extradition and consents to return to this state, the sheriff of the county where the warrant was issued may contract with an agent for the return of such person to this state, or the sheriff or his deputy may return such person to this state.

History:

[19-4530, added 2008, ch. 136, sec. 32, p. 394.]