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Kentucky · Snapshot 09/05/2026

KRS 440.400: Waiver of extradition by person arrested in this state -- Procedure --

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Where this section sits in the code
  1. KRS Chapter 440

Effect.

(1) Any person arrested in this state charged with having committed any crime in

another state or alleged to have escaped from confinement, or broken the terms of

his bail, probation or parole may waive the issuance and service of the warrant

provided for in KRS 440.220 and 440.230 and all other procedure incidental to

extradition proceedings, by executing or subscribing in the presence of a judge of

any District or Circuit Court within this state a writing which states that he consents

to return to the demanding state; provided, however, that before such waiver shall

be executed or subscribed by such person it shall be the duty of such judge to

inform such person of his righ ts to the issuance and service of a warrant of

extradition and to obtain a writ of habeas corpus as provided for in KRS 440.250.

(2) If and when such consent has been duly executed it shall forthwith be forwarded to

the office of the Secretary of State of this state and filed therein. The judge shall

direct the officer having such person in custody to deliver forthwith such person to

the duly accredited agent or agents of the demanding state, and shall deliver or

cause to be delivered to such agent or agent s a copy of such consent; provided,

however, that nothing in this section shall be deemed to limit the rights of the

accused person to return voluntarily and without formality to the demanding state,

nor shall this waiver procedure be deemed to be an exclu sive procedure or to limit

the powers, rights or duties of the officers of the demanding state or of this state.

Collected 2026-09-05T20:59:54Z. Source file · JSON

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