29-06.1 Tribal Arrest Warrants
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<![CDATA[CHAPTER 29-06.1TRIBAL ARREST WARRANTS29-06.1-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Tribal arrest warrant" means any document issued by a court of a tribe in this state<br>which authorizes a peace officer to take custody of a person.2."Tribe" means any of the federally recognized Indian nations, tribes, or bands in this<br>state.29-06.1-02. Arrest with or without warrant.1.A peace officer may arrest a person subject to a tribal arrest warrant if presented<br>with the warrant and may arrest a person without a tribal arrest warrant upon<br>probable cause to believe that the person is the subject of such a warrant. An arrest<br>is authorized under this subsection only if the arrest warrant is issued for<br>commission of a crime punishable as a misdemeanor under the applicable tribal<br>ordinance or resolution.2.The arrested person must be brought without unnecessary delay before the nearest<br>available district judge.3.The district judge shall issue an order continuing custody upon presentation of the<br>tribal arrest warrant or, if the arrest is made without a warrant, upon testimony or<br>affidavit showing probable cause to believe the person is the subject of such a<br>warrant.29-06.1-03. Court appearance.1.The district judge shall inform the person appearing under section 29-06.1-02 of the<br>name of the tribe that has subjected the person to an arrest warrant, the basis for<br>the arrest warrant, the right to assistance of counsel, and the right to require a<br>judicial hearing before transfer of custody to the applicable tribal authority.2.After being informed by the district judge of the effect of a waiver, the arrested<br>person may waive the right to require a judicial hearing and consent to return to the<br>applicable tribal authority by executing a written waiver in the presence of the judge.<br>If the waiver is executed, the judge shall issue an order to transfer custody under<br>section 29-06.1-04 or, with the consent of the applicable tribal authority, authorize<br>the voluntary return of the person to that authority.3.If a hearing is not waived under subsection 2, the district judge shall hold a hearing<br>within three days, excluding weekends and holidays, after the appearance. The<br>arrested person and the state's attorney of the county in which the hearing is to be<br>held must be informed of the time and place of the hearing. The judge shall release<br>the person upon conditions that will reasonably assure availability of the person for<br>the hearing or direct a law enforcement officer to maintain custody of the person until<br>the time of the hearing. Following the hearing, the judge shall issue an order to<br>transfer custody under section 29-06.1-04 unless the arrested person establishes by<br>clear and convincing evidence that the arrested person is not the person identified in<br>the warrant.4.If the judge does not order transfer of custody, the judge shall order the arrested<br>person to be released.29-06.1-04. Order to transfer custody.Page No. 11.A judicial order to transfer custody issued under section 29-06.1-03 must direct a law<br>enforcement officer to take or retain custody of the person until an agent of the<br>applicable tribal authority is available to take custody. If the agent has not taken<br>custody within three days, excluding weekends and holidays, the judge may order<br>the release of the person upon conditions that will assure the person's availability on<br>a specified date within seven days, excluding weekends and holidays. If the agent<br>has not taken custody within the time specified in the order, the person must be<br>released. Thereafter, an order to transfer custody may be entered only if a new<br>arrest warrant is issued.2.The judge in the order transferring custody may authorize the voluntary return of the<br>person with the consent of the applicable tribal authority.3.An order to transfer custody is not appealable.An order denying transfer isappealable.Page No. 2Document Outlinechapter 29-06.1 tribal arrest warrants]]>