§832-25  Written waiver of extradition
proceedings.  (a)  Any person arrested in this State charged with having
committed any crime in any state or alleged to have escaped from confinement,
or broken the terms of the person's bail, probation, or parole may waive the
issuance and service of the warrant provided for in sections 832-7 and 832-8,
and all other procedure incidental to extradition proceedings, by executing or
subscribing in the presence of a judge of any court of record within this State
a writing which states that the person consents to return to the demanding
state; provided that before the waiver is executed or subscribed by the person
the judge shall inform the person of the person's rights to the issuance and
service of warrant of extradition and to obtain a writ of habeas corpus as
provided for in section 832-10.



If and when such consent has been duly executed
it shall forthwith be forwarded to the office of the governor of this State and
filed therein.  The judge shall direct the officer having the person in custody
to deliver forthwith the 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 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.



(b)  Notwithstanding subsection (a), a law
enforcement agency holding a person who is alleged to have broken the terms of
the person's probation, parole, bail, or any 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:



(1)  The person has signed a prior waiver of
extradition as a term of the person's current probation, parole, bail, or other
release in the demanding state; and



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



(A)  An authenticated copy of the prior waiver
of extradition signed by the person; and



(B)  A photograph and fingerprints properly identifying
the person as the person who signed the waiver. [L 1941, c 99, §25; RL 1945,
§10655; RL 1955, §250-25; HRS §713-25; ren L 1972, c 9, pt of §1; gen ch 1985;
am L 1992, c 44, §1; gen ch 1992]