Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in Sections 31-4-7 and 31-4-8 NMSA 1978 and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a magistrate or a judge of a magistrate court or of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 31-4-10 NMSA 1978.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
History: Laws 1937, ch. 65, § 25a; 1941 Comp., § 42-1922; 1953 Comp., § 41-19-22; 1981, ch. 258, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 54, 55, 57.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-4-2 - Fugitives from justice; duty of governor.
Section 31-4-3 - Form of demand.
Section 31-4-4 - Governor may investigate case.
Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.
Section 31-4-8 - Manner and place of execution.
Section 31-4-9 - Authority of arresting officer.
Section 31-4-10 - Rights of accused person; application for writ of habeas corpus.
Section 31-4-11 - Penalty for noncompliance with preceding section.
Section 31-4-12 - Confinement in jail when necessary.
Section 31-4-13 - Arrest prior to requisition.
Section 31-4-14 - Arrest without a warrant.
Section 31-4-15 - Commitment to await requisition; bail.
Section 31-4-16 - Bail; in what cases; conditions of bond.
Section 31-4-17 - Extension of time of commitment, adjournment.
Section 31-4-18 - Forfeiture of bail.
Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.
Section 31-4-20 - Guilt or innocence of accused, when inquired into.
Section 31-4-21 - Governor may recall warrant or issue alias.
Section 31-4-22 - Written waiver of extradition proceedings.
Section 31-4-23 - Nonwaiver by this state.
Section 31-4-24 - Fugitives from this state; duty of governors.
Section 31-4-25 - Application for issuance of requisition; by whom made; contents.
Section 31-4-26 - Costs and expenses.
Section 31-4-27 - Immunity from service of process in certain civil actions.
Section 31-4-29 - Interpretation.