(a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her right to request counsel.
(b)(1) If the accused tribal fugitive or his or her counsel state the desire to test the legality of the arrest, the accused tribal fugitive shall be taken before the district court judge within 72 hours for an extradition proceeding.
(2) The time and place of the extradition proceeding shall be given by the court conducting the proceeding to the district attorney of the county and to the Office of the Attorney General of the tribe.
(c)(1) A formal extradition proceeding under this part may be waived if the accused tribal fugitive making the waiver, knowingly, and in the presence of the district court judge, signs a statement that the accused tribal fugitive consents to return to the demanding authority.
(2) Before a waiver under this subsection may be executed, the district court judge shall inform the accused tribal fugitive of his or her rights and the procedures available to him or her under this section.
(d) Nothing in this section shall be construed to imply that an accused tribal fugitive is entitled to an attorney at the expense of the state.
Last modified: May 3, 2021