Section 1555.2 Of Chapter 4. Proceedings Against Fugitives From Justice From California Penal Code >> Title 12. >> Part 2. >> Chapter 4.
1555.2
. (a) If the arrested person refuses to sign a waiver of
extradition under Section 1555.1, a hearing shall be held, upon
application of the district attorney, to determine whether the person
is alleged to have violated the terms of his release within the past
five years on bail or own recognizance while charged with a crime
punishable in the charging state by imprisonment for a term exceeding
one year, or on probation or parole following conviction of a crime
punishable in the state of conviction by imprisonment for a term
exceeding one year, and whether, as a condition of that release, the
person was required to waive extradition.
(b) At the hearing, the district attorney shall present a
certified copy of the order from the other state conditionally
releasing the person, including the condition that he was required to
waive extradition together with a certified copy of the order from
the other state directing the return of the person for violating the
terms of his conditional release. The magistrate shall accept these
certified copies as conclusive proof of their contents and shall
presume the validity of the extradition waiver condition.
(c) If the magistrate finds that there is probable cause to
believe that the arrested person is the same person named in the
conditional release order and the order commanding his return, the
magistrate shall forthwith issue an order remanding the person to
custody without bail and directing the delivery of the person to duly
accredited agents of the other state.
(d) Notwithstanding the provisions of subdivision (c), the
district attorney may stipulate, with the concurrence of the other
state, that the arrested person may be released on bail or own
recognizance pending the arrival of duly accredited agents from the
other state.
(e) If the arrested person or his counsel desires to test the
legality of the order issued under subdivision (c), 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. Unless otherwise stipulated pursuant to
subdivision (d), the arrested person shall remain in custody without
bail.