Section 11177.1 Of Article 3. Uniform Act For Out-of-state Parolee Supervision From California Penal Code >> Title 1. >> Part 4. >> Chapter 2. >> Article 3.
11177.1
. (a) Before a probationer or parolee may be returned to the
sending state under this compact, he shall have a right to counsel
and to a hearing before a magistrate to determine whether he is in
fact a probationer or parolee who was allowed to reside in this or
any other state pursuant to this compact, whether his return to the
sending state has been ordered, and whether there is probable cause
to believe he is the same person whose return is sought. At the
hearing, the magistrate shall accept certified copies of probation or
parole documents showing that this compact has been invoked and that
the probationer or parolee has been ordered returned to the sending
state, and these documents shall constitute conclusive proof of their
contents. If the magistrate concludes that the probationer or
parolee is subject to the terms of this compact, an order shall be
issued forthwith directing the delivery to the sending state of the
probationer or parolee.
(b) If the probationer or parolee or his counsel desires to test
the legality of the order issued under subdivision (a), the
magistrate shall fix a reasonable time to be allowed him within which
to apply for a writ of habeas corpus. If the writ is denied and
probable cause appears for an application for a writ of habeas corpus
to another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus.