Waiver of Extradition Proceedings

Waiver of Extradition Proceedings. (a) Any person arrested in the Commonwealth and charged with having committed any crime in any state, or alleged to have escaped from confinement, or broken the terms of bail, probation or parole may waive the issuance and service of the warrant provided for in 6 CMC §§ 6908 and 6909 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of the Commonwealth Trial Court a writing which states that the person consents to return to the demanding state; provided, however, that before the waiver is executed it shall forthwith be forwarded to the office of the Governor and filed therein. (b) The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the consent; provided, however, that nothing in this section may be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor may this waiver procedure be deemed to be an executive procedure or to limit the powers, rights or duties of the officers of the demanding state or of the Commonwealth. Source: 12 TTC § 479. Commission Comment: Section 4 of PL 6-25, the “Commonwealth Judicial Reorganization Act of 1989,” provides that “[w]herever the term ‘Commonwealth Trial Court’ appears in the Commonwealth Code, it is henceforth to be interpreted and understood to refer to the Commonwealth Superior Court.”