22-2726.Written waiver of extradition proceeding; duty of judge.Any person arrested in this state charged with having committed anycrime in another state or alleged to have escaped from confinement orbroken the terms of such person's bail, probation, assignmentto a community correctional services program, postrelease supervision orparole, or alleged to be undersentence, some part of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision, discharged or otherwisereleased, may waive the issuance andservice of the warrant provided for inK.S.A. 22-2707 and 22-2708, and amendments thereto, and allother procedure incidental to extradition proceedings, by executing orsubscribing in the presence of a judge of any court of record within thisstate a writing which states that such person consents to returnto the demandingstate, except that before such waiver is executed orsubscribed by such person it shall be the duty of such judge to inform suchperson of the person's rights to the issuance and service of a warrant ofextradition and to obtain a writ of habeas corpus as provided for in K.S.A.22-2710 and amendments thereto.
If and when such consent has been duly executed it shall forthwith beforwarded to the office of the governor of this state and filed therein.The judge shall direct the officer having such person in custody to deliverforthwith such person to the duly accredited agent or agents of thedemanding state, and shall deliver or cause to be delivered to such agentor agents a copy of such consent.
Nothing inthis section shall be deemed to limit the rights of the accused person toreturn voluntarily and without formality to the demanding state, nor shallthis waiver procedure be deemed to be an exclusive procedure or to limitthe powers, rights or duties of the officers of the demanding state or ofthis state.
History: L. 1970, ch. 129, § 22-2726;L. 1986, ch. 123, § 21;L. 1992, ch. 239, § 256; July 1, 1993.
22-2726.Written waiver of extradition proceeding; duty of judge.Any person arrested in this state charged with having committed anycrime in another state or alleged to have escaped from confinement orbroken the terms of such person's bail, probation, assignmentto a community correctional services program, postrelease supervision orparole, or alleged to be undersentence, some part of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision, discharged or otherwisereleased, may waive the issuance andservice of the warrant provided for inK.S.A. 22-2707 and 22-2708, and amendments thereto, and allother procedure incidental to extradition proceedings, by executing orsubscribing in the presence of a judge of any court of record within thisstate a writing which states that such person consents to returnto the demandingstate, except that before such waiver is executed orsubscribed by such person it shall be the duty of such judge to inform suchperson of the person's rights to the issuance and service of a warrant ofextradition and to obtain a writ of habeas corpus as provided for in K.S.A.22-2710 and amendments thereto.
If and when such consent has been duly executed it shall forthwith beforwarded to the office of the governor of this state and filed therein.The judge shall direct the officer having such person in custody to deliverforthwith such person to the duly accredited agent or agents of thedemanding state, and shall deliver or cause to be delivered to such agentor agents a copy of such consent.
Nothing inthis section shall be deemed to limit the rights of the accused person toreturn voluntarily and without formality to the demanding state, nor shallthis waiver procedure be deemed to be an exclusive procedure or to limitthe powers, rights or duties of the officers of the demanding state or ofthis state.
History: L. 1970, ch. 129, § 22-2726;L. 1986, ch. 123, § 21;L. 1992, ch. 239, § 256; July 1, 1993.
22-2726.Written waiver of extradition proceeding; duty of judge.Any person arrested in this state charged with having committed anycrime in another state or alleged to have escaped from confinement orbroken the terms of such person's bail, probation, assignmentto a community correctional services program, postrelease supervision orparole, or alleged to be undersentence, some part of which remains unexecuted, from which suchperson has not beenparoled, placed on postrelease supervision, discharged or otherwisereleased, may waive the issuance andservice of the warrant provided for inK.S.A. 22-2707 and 22-2708, and amendments thereto, and allother procedure incidental to extradition proceedings, by executing orsubscribing in the presence of a judge of any court of record within thisstate a writing which states that such person consents to returnto the demandingstate, except that before such waiver is executed orsubscribed by such person it shall be the duty of such judge to inform suchperson of the person's rights to the issuance and service of a warrant ofextradition and to obtain a writ of habeas corpus as provided for in K.S.A.22-2710 and amendments thereto.
If and when such consent has been duly executed it shall forthwith beforwarded to the office of the governor of this state and filed therein.The judge shall direct the officer having such person in custody to deliverforthwith such person to the duly accredited agent or agents of thedemanding state, and shall deliver or cause to be delivered to such agentor agents a copy of such consent.
Nothing inthis section shall be deemed to limit the rights of the accused person toreturn voluntarily and without formality to the demanding state, nor shallthis waiver procedure be deemed to be an exclusive procedure or to limitthe powers, rights or duties of the officers of the demanding state or ofthis state.
History: L. 1970, ch. 129, § 22-2726;L. 1986, ch. 123, § 21;L. 1992, ch. 239, § 256; July 1, 1993.
