29-30.3-06. (2-103) Appearance prior to receipt of demand or request

29-30.3-06. (2-103) Appearance prior to receipt of demand or request 1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of: a. The name of the other state that has subjected the person to an arrest warrant; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; and d. The right to require a judicial hearing under this chapter before transfer of custody to the other state. 2. After being informed by the magistrate of the effect of a waiver, the arrested person may waive the right to require a judicial hearing under this chapter and consent to return to the other state by executing a written waiver in the presence of the magistrate. If the waiver is executed, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 or, with the consent of the official upon whose application the arrest warrant was issued in the other state, authorize the voluntary return of the person to that state. 3. Unless a waiver is executed pursuant to subsection 2, the magistrate shall: a. Release the person upon conditions that will reasonably assure availability of the person for arrest pursuant to section 29-30.3-12 or 29-30.3-18; or b. Direct a law enforcement officer to maintain custody of the person. Subject to section 29-30.3-07, the period of conditional release or custody may not exceed thirty days.