29-30.3-13. (3-106) Rights of demanded person

29-30.3-13. (3-106) Rights of demanded person 1. A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of: a. The name of the state demanding extradition; b. The crime charged or other basis for the demand; c. The right to assistance of counsel; and d. The right to a judicial hearing under section 29-30.3-14. 2. After being informed by the magistrate of the effect of a waiver, the demanded person may waive the right to a judicial hearing and consent to return to the demanding 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 executive authority of the demanding state, authorize the voluntary return of the person. 3. If a hearing is not waived, the magistrate shall hold it within ten days after the appearance. The demanded person and the state's attorney of the county in which the hearing is to be held must be informed of the time and the place of the hearing. The magistrate shall: a. Release the person upon conditions that will reasonably assure availability of the person for the hearing; or b. Direct a law enforcement officer to maintain custody of the person.