A person arrested on a warrant may not be delivered over to the agent who the executive authority demanding the person has appointed to receive the person unless the person is first taken immediately before a judge or magistrate of this state, who shall inform the person of the demand made for the person's surrender, and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states a desire to test the legality of the arrest, the judge or magistrate shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When that writ is applied for, notice of the application and of the time and place of hearing on it shall be given to the prosecuting attorney of the judicial district in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 70. Uniform Criminal Extradition Act
Sec. 12.70.010. Fugitives from other states and duty of governor.
Sec. 12.70.020. Form of demand.
Sec. 12.70.030. Investigation of demand and report.
Sec. 12.70.050. Extradition of person not present in demanding state at time of commission of crime.
Sec. 12.70.060. Issue of governor's warrant of arrest.
Sec. 12.70.070. Manner and place of execution of the warrant of arrest.
Sec. 12.70.080. Authority of arresting officer to command assistance.
Sec. 12.70.090. Rights of accused person and application for writ of habeas corpus.
Sec. 12.70.100. Penalty for noncompliance with AS 12.70.090.
Sec. 12.70.110. Confinement in jail when necessary.
Sec. 12.70.120. Arrest prior to requisition.
Sec. 12.70.130. Arrest without warrant.
Sec. 12.70.140. Commitment to await requisition.
Sec. 12.70.160. Extension of time of commitment.
Sec. 12.70.170. Forfeiture of bail.
Sec. 12.70.180. Persons under criminal prosecution in this state at time of requisition.
Sec. 12.70.190. Inquiry into guilt or innocence of accused.
Sec. 12.70.200. Governor's warrant.
Sec. 12.70.210. Fugitives from this state.
Sec. 12.70.220. Application for issuance of requisition.
Sec. 12.70.230. Immunity from service of process in certain civil actions.
Sec. 12.70.240. Written waiver of extradition proceedings.
Sec. 12.70.250. Nonwaiver by this state.
Sec. 12.70.260. No immunity from other criminal prosecutions while in this state.