77-30-10. Time to apply for habeas corpus allowed.
No person arrested upon such warrant shall be delivered over to the agent whom the
executive authority demanding him shall have appointed to receive him unless he shall first be
taken forthwith before a judge of a court of record in this state who shall inform him of the
demand made for his surrender and of the crime with which he is charged and that he has the right
to demand and procure legal counsel and if the prisoner or his counsel shall state that he or they
desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time
to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied
for, notice thereof and the time and place of hearing thereon shall be given to the prosecuting
officer of the county in which the arrest is made and in which the accused is in custody, and to the
said agent of the demanding state.
Enacted by Chapter 15, 1980 General Session
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Last revised: Thursday, May 28, 2009