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 Rhode Island, a waiver of extradition means that an individual who has been arrested in the state agrees to be transferred to another jurisdiction without contesting the extradition process. This typically occurs when the individual is wanted for a crime in another state or country. By signing a waiver of extradition, the individual acknowledges that they are the person sought by the other jurisdiction and consents to return there to face charges. This waiver eliminates the need for an extradition hearing, which is a legal proceeding where the court determines whether the extradition is lawful and whether the individual should be surrendered to the requesting jurisdiction. The waiver simplifies the process, allowing for a quicker transfer. Rhode Island's procedures for extradition, including waivers, are governed by both state statutes and federal law, specifically the Uniform Criminal Extradition Act, which Rhode Island has adopted, as well as the U.S. Constitution's Extradition Clause.