§ 12-9-12 - Appearance of prisoner before judge – Application for habeas corpus.
SECTION 12-9-12
§ 12-9-12 Appearance of prisoner beforejudge – Application for habeas corpus. – No person arrested upon a warrant issued under § 12-9-9 shall be deliveredover to the agent whom the executive authority demanding him or her shall haveappointed to receive him or her unless he or she shall first be takenimmediately before a judge of a court of record in this state, who shall informhim or her of the demand made for his or her surrender and of the crime withwhich he or she is charged, and that he or she has the right to demand andprocure legal counsel. If the prisoner or his or her counsel shall state thathe or she or they desire to test the legality of the arrest, the judge of thecourt of record shall fix a reasonable time to be allowed him or her withinwhich to apply for a writ of habeas corpus. When the writ is applied for,notice of the writ, and of the time and place of hearing on the writ, shall begiven to the prosecuting officer and to the agent of the demanding state.