North Dakota § 29-30.3-21 (5-101) Order to transfer custody

North Dakota Statutes

§ 29-30.3-21 — (5-101) Order to transfer custody

North Dakota § 29-30.3-21

Title 29Judicial Procedure, Criminal

Ch. 29-30.3Uniform Extradition and Rendition Act

This text of North Dakota § 29-30.3-21 ((5-101) Order to transfer custody) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-30.3-21 (2026).

Text

1.Except as provided in subsection 2, a judicial order to transfer custody issued pursuant to section 29-30.3-06, 29-30.3-13, 29-30.3-14, 29-30.3-19, or 29-30.3-20 must direct a law enforcement officer to take or retain custody of the person until an agent of the other state is available to take custody. If the agent of the other state has not taken custody within ten days, the magistrate may:

a.Order the release of the person upon conditions that will assure the person's availability on a specified date within thirty days; or

b.Extend the original order for an additional ten days upon good cause shown for the failure of an agent of the other state to take custody.

2.If the agent of the other state has not taken custody within the time specified in the order, the person must be release

Free access — add to your briefcase to read the full text and ask questions with AI

1. Except as provided in subsection 2, a judicial order to transfer custody issued pursuant
to section 29-30.3-06, 29-30.3-13, 29-30.3-14, 29-30.3-19, or 29-30.3-20 must direct a
law enforcement officer to take or retain custody of the person until an agent of the
other state is available to take custody. If the agent of the other state has not taken
custody within ten days, the magistrate may:
a. Order the release of the person upon conditions that will assure the person's
availability on a specified date within thirty days; or
b. Extend the original order for an additional ten days upon good cause shown for
the failure of an agent of the other state to take custody.
2. If the agent of the other state has not taken custody within the time specified in the
order, the person must be released. Thereafter, an order to transfer custody may be
entered only if a new arrest warrant or other process to obtain appearance of a person
is issued as a result of a new demand for extradition or a new request for rendition.
3. The magistrate in the order may authorize the voluntary return of the person with
consent of the executive authority or with the consent of the official upon whose
application the request for rendition was made.