Rule 5-825. Bail after arrest on a governor's rendition warrant; dismissal for failure to deliver defendant.

After arrest on a governor's rendition warrant, the accused person shall be ordered held without bail pending delivery to agents of the demanding state for at least thirty (30) days after the arrest. The accused person shall be ordered held without bail pending delivery to agents of the demanding state for at least thirty (30) days after final action on a petition for writ of habeas corpus if the accused files a timely petition for writ of habeas corpus. After arrest on a governor’s rendition warrant, if the accused person has pending criminal charges in New Mexico, and the governor exercises the governor’s discretion under New Mexico law to hold the accused person until the accused person has been tried and discharged, or convicted and punished, the accused person shall be ordered held in detention or upon conditions of release pending delivery to agents of the demanding state while those charges are pending and for at least thirty (30) days after final action on those charges. If agents of the demanding state do not appear within those time periods, the court may dismiss the action and discharge the accused, or, upon good cause shown, may extend the time period for not more than thirty (30) days, during which time the accused person shall be eligible for release on bail.