Senate Judiciary reviews S.87 changes to recognize pre-signed extradition waivers and alter detention timelines

The Senate Judiciary Committee on May 14 examined S.87, a bill that would let Vermont law enforcement or courts treat previously signed out-of-state waivers of extradition as valid under defined conditions and would change how long a person may be held while a governor's warrant is sought.

Committee members heard competing approaches: the version passed by the Senate would permit delivery to a demanding state without a governor's warrant when officials have an authenticated pre-signed waiver plus identifying evidence; the House amendment would preserve a court review and presume a properly authenticated out‑of‑state waiver valid unless the defendant proves otherwise.

Michelle Child, of the Office of Legislative Council, summarized the textual difference: “the only language that is different really is that you have [the] senate version has a subsection c, and then, the house version has…subdivision 2 that recognizes that if there was a previously authenticated signed waiver of extradition, then that waiver is to be presumed valid.” Child said the House approach keeps a court hearing in the process while the Senate approach can allow law enforcement to effect the return without the governor's…