No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of any court having criminal jurisdiction in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state's attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
(1957, P.A. 362, S. 10; 1959, P.A. 28, S. 156.)
History: 1959 act deleted reference to trial justice.
Prior to 1960: Court of Common Pleas may, in its discretion, admit prisoner to bail pending appeal from its decision dismissing writ of habeas corpus. 100 C. 291. Demanding state is forum in which issue of violation of due process must be raised; argument re arrest must be confined to legalities. 151 C. 155. Indigent must be afforded means to assert his rights on such hearings. 157 C. 403. Cited. 159 C. 150. United States court will not ordinarily issue writ pending final determination of case in state courts. 160 U.S. 231. Cited. 171 C. 366; 186 C. 404; 188 C. 364; 190 C. 631; 193 C. 270; 196 C. 309; 218 C. 791.
Scope and limits of the hearing on habeas corpus discussed; in habeas corpus proceeding, plaintiff argued that his return to North Carolina would be in violation of his constitutional rights, particularly those relating to cruel and unusual punishment, excessive fines and right to counsel; held that, if his constitutional rights were violated, his remedy lies in an appeal from the decision of the North Carolina court. 21 CS 12.
Structure Connecticut General Statutes
Chapter 964 - Uniform Criminal Extradition Act
Section 54-157. - Definitions.
Section 54-158. - Governor's duty to arrest and deliver up fugitive.
Section 54-159. - Requirements for recognition of extradition demand.
Section 54-160. - State's attorney and prosecuting attorney to assist Governor.
Section 54-161. - Return to this state of person imprisoned or held in another state.
Section 54-162. - Return to another state of person whose act in this state caused crime.
Section 54-163. - Arrest warrant signed by Governor.
Section 54-164. - Authorization under warrant.
Section 54-165. - Power of arresting officer.
Section 54-166. - Appearance of accused in court. Habeas corpus.
Section 54-167. - Penalty for failure of officer to present accused in court.
Section 54-168. - Confinement, when.
Section 54-169. - Arrest warrant of judge.
Section 54-170. - Arrest without warrant.
Section 54-171. - Commitment pending Governor's warrant.
Section 54-172. - Allowance and conditions of bail bond.
Section 54-173. - Discharge or recommitment after expiration of period specified in warrant or bond.
Section 54-174. - Forfeiture of bond.
Section 54-175. - Surrender of person against whom criminal prosecution pending in this state.
Section 54-176. - Governor not to inquire into guilt or innocence of accused.
Section 54-177. - Recall or new issuance of Governor's warrant.
Section 54-178. - Governor seeking extradition to issue warrant to agent to receive accused.
Section 54-180. - Immunity of accused to process in civil action arising from same facts.
Section 54-181. - Waiver by accused.
Section 54-182. - State's rights not waived.
Section 54-183. - Trial for crimes other than those specified in extradition requisition.
Section 54-184. - Interpretation of chapter.
Section 54-185. - Short title: Uniform Criminal Extradition Act.