Ky. Rev. Stat. § 440.250

Current through Acts Received April 24, 2024
Section 440.250 - Procedure upon arrest

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a Circuit Court or District Court in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

KRS 440.250

Effective:1/2/1978
Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 453, effective1/2/1978. -- Created 1960 Ky. Acts ch. 135, sec. 11, effective 6/16/1960.