A waiver of extradition occurs when a defendant who is arrested and held in one state, country, territory, or other jurisdiction voluntarily waives the right to challenge extradition to another state, country, territory, or jurisdiction to be prosecuted or stand trial for a criminal offense in that other state, country, territory, or jurisdiction. If such a defendant waives extradition, he or she will be returned to the requesting jurisdiction without the need for an extradition hearing and the related procedures.
In Idaho, a waiver of extradition means that an individual who has been arrested in Idaho and is wanted for prosecution, or to serve a sentence in another state, voluntarily agrees to return to the requesting state without contesting the extradition process. This waiver simplifies the legal process by eliminating the need for an extradition hearing, which would otherwise determine whether the individual should be legally transferred to the other jurisdiction. The waiver is typically formalized through a written document in which the defendant acknowledges understanding their rights and the consequences of waiving extradition. Once the waiver is signed, Idaho authorities can transfer the individual to the requesting state's custody. The relevant Idaho statutes governing extradition can be found in Idaho Code Title 19, Chapter 43, which outlines the procedures for interstate extradition, including the process for waiving extradition.