1. Except as otherwise provided in subsection 3, a person arrested in this State who is charged with having committed a crime in another state or who is alleged to have escaped from confinement, or broken the terms of the person’s bail, probation or parole may waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of a court of record within this State a writing which states that the person consents to return to the demanding state. Before the waiver is executed or subscribed, the judge shall inform the person of the rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in NRS 179.197.
2. An executed waiver must be forwarded immediately to the Office of the Attorney General of this State and filed therein. The judge shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having the person in custody to deliver the person immediately to an accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the waiver.
3. A law enforcement agency which has custody of a person in this State who is alleged to have broken the terms of the person’s probation, parole, bail or other release shall, after the resolution of all criminal charges filed in this State against that person, immediately deliver that person to the accredited agent of the demanding state without a warrant issued pursuant to NRS 179.191 and 179.193 if:
(a) The person has signed a waiver of extradition as a condition of probation, parole, bail or other release in the demanding state; and
(b) The law enforcement agency has received:
(1) An authenticated copy of the waiver of extradition signed by the person; and
(2) A photograph and copy of the fingerprints of the person that identify him or her as the person who signed the waiver.
4. This section does not limit:
(a) The right of the accused person to return voluntarily and without formality to the demanding state;
(b) The powers, rights or duties of the officers of the demanding state or of this State; or
(c) Other procedures concerning the waiver of extradition.
(Added to NRS by 1967, 1103; A 1991, 153; 1993, 249; 1997, 151)
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