2014 Kentucky Revised Statutes CHAPTER 440 - ESCAPES, FUGITIVES FROM JUSTICE, AND EXTRADITION 440.400 Waiver of extradition by person arrested in this state -- Procedure -- Effect.
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440.400 Waiver of extradition by person arrested in this state -- Procedure -Effect.
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Any person arrested in this state charged with having committed any 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 KRS 440.220 and 440.230 and all other procedure
incidental to extradition proceedings, by executing or subscribing in the
presence of a judge of any District or Circuit Court within this state a writing
which states that he consents to return to the demanding state; provided,
however, that before such waiver shall be executed or subscribed by such
person it shall be the duty of such judge to inform such person of his rights to
the issuance and service of a warrant of extradition and to obtain a writ of
habeas corpus as provided for in KRS 440.250.
If and when such consent has been duly executed it shall forthwith be
forwarded to the office of the Secretary of State of this state and filed therein.
The judge shall direct the officer having such person in custody to deliver
forthwith such person to the duly accredited agent or agents of the demanding
state, and shall deliver or cause to be delivered to such agent or agents a copy
of such consent; provided, however, that nothing in this section shall be
deemed to limit the rights of the accused person to return voluntarily and
without formality to the demanding state, nor shall this 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 state.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 456, effective
January 2, 1978. -- Created 1960 Ky. Acts ch. 135, sec. 27, effective June 16,
1960.
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