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.
Effective: January 2, 1978
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Terms Used In Kentucky Statutes 440.250

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 453, effective January
2, 1978. — Created 1960 Ky. Acts ch. 135, sec. 11, effective June 16, 1960.

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