Rights of Demanded Persons

(a)A person arrested under a Governor's warrant must be brought forthwith before a judge of the Superior Court who shall receive the warrant and inform the person of: 1. The name of the state demanding extradition; 2. The crime charged or other basis for the demand; 3. The right to assistance of counsel; and 4. The right to a judicial hearing under § 140.36.

(b)After being informed by the judge of the effect of a waiver, the demanded person may waive the right to a judicial hearing and consent to return to the demanding state by executing a written waiver in the presence of the judge. If the waiver is executed, the judge shall issue an order to transfer custody pursuant to § 140.50 of this Chapter or, with the consent of the executive authority of the demanding state, authorize the voluntary return of the person.

(c)If a hearing is not waived, the judge shall hold it within ten

(10)days after the appearance. The demanded person and the Attorney General must be informed of the time and the place of the hearing. The judge shall COL120106 CH. 140 EXTRADITION

(i)release the person upon conditions that will reasonably assure the availability of the person for the hearing; or

(ii)direct the Guam Police Department or the Director of Corrections to maintain custody of the person.