§ 612:10 — Rights of Accused Person; Application for Writ of Habeas Corpus

No person arrested upon a warrant issued pursuant to RSA 612:7 shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. If the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state. Pending the outcome of such hearing, the accused shall be held in custody without bail, and, following such hearing, if the court denies the application for writ of habeas corpus, he shall continue to be so held until delivery to the agent of the demanding state. If after a reasonable time the agents of the demanding state have not taken custody of the accused, the accused shall be allowed to apply to the superior court for review of his custody status.

Legislative History

1937, 70:1. RL 437:10. RSA 612:10. 1993, 121:2, eff. Jan. 1, 1994.