§ 12-9-12. Appearance of prisoner before judge — Application for habeas corpus.
No person arrested upon a warrant issued under § 12-9-9 shall be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken immediately before a judge of a court of record in this state, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel. If the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of the court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When the writ is applied for, notice of the writ, and of the time and place of hearing on the writ, shall be given to the prosecuting officer and to the agent of the demanding state.
History of Section.P.L. 1947, ch. 1890, § 10; G.L. 1956, § 12-9-12.
Structure Rhode Island General Laws
Section 12-9-1. - Short title.
Section 12-9-2. - Definitions.
Section 12-9-3. - Governor’s duty to deliver fugitives from justice.
Section 12-9-4. - Form of demand from another state.
Section 12-9-5. - Investigation as to demanded person.
Section 12-9-6. - Agreement to return person demanded from another state.
Section 12-9-7. - Surrender of person who left demanding state involuntarily.
Section 12-9-9. - Warrant of arrest on executive demand.
Section 12-9-10. - Authority granted by warrant.
Section 12-9-11. - Commanding assistance in execution of warrant.
Section 12-9-12. - Appearance of prisoner before judge — Application for habeas corpus.
Section 12-9-12.1. - Extradition of juveniles.
Section 12-9-13. - Penalty for violating § 12-9-12.
Section 12-9-14. - Confinement of prisoner pending extradition or en route.
Section 12-9-15. - Confinement of prisoners passing through state.
Section 12-9-16. - Warrant of arrest on affidavit.
Section 12-9-17. - Arrest without warrant.
Section 12-9-18. - Commitment awaiting requisition.
Section 12-9-19. - Admission to bail.
Section 12-9-20. - Failure to arrest on governor’s warrant within time specified.
Section 12-9-21. - Forfeiture of bail.
Section 12-9-22. - Persons under prosecution in this state.
Section 12-9-23. - Guilt or innocence as subject of inquiry.
Section 12-9-24. - Recall or reissue of governor’s warrant.
Section 12-9-25. - Warrant to return prisoner from another state.
Section 12-9-26. - Application for requisition of person charged with crime.
Section 12-9-27. - Application for requisition of person convicted of crime.
Section 12-9-28. - Affidavits and documents to support application.
Section 12-9-29. - Immunity from civil process arising out of occurrence for which extradited.
Section 12-9-30. - Execution of waiver of extradition.
Section 12-9-31. - Filing of consent — Delivery of prisoner to extradition agents.
Section 12-9-32. - State’s rights against extradited persons not waived.
Section 12-9-33. - Trial for crimes not specified in requisition.