Order to Transfer Custody

(a)Except as provided in Subsection (b), a judicial order to transfer custody issued pursuant to § 140.24, § 140.35, § 140.36, § 140.44 or § 140.45 must direct either the Director of Corrections or the Chief of Police to take or retain custody of the person until an agent of the other state is available to take custody. If the agent of the other state has not taken custody within twenty

(20)days, the judge may: COL120106 CH. 140 EXTRADITION 1. Order the release of the person upon conditions that will assure the person's availability on a specified date within thirty

(30)days; or 2. Extend the original order for an additional ten

(10)days upon good cause shown for the failure of an agent of the other state to take custody.

(b)If the agent of the other state has not taken custody within the time specified in the order, the person must be released. Thereafter, an order to transfer custody may be entered only if a new arrest warrant or other process to obtain appearance of a person is issued as a result of a new demand extradition or a new request for rendition.

(c)The judge in the order may authorize the voluntary return of the person with the consent of the executive authority or with the consent of the Attorney General.