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Committee debates S.87 change to treat pre-signed extradition waivers as presumptively valid
Summary
Legislative committee reviewed draft language that would let Vermont judges treat previously signed out‑of‑state extradition waivers as if they were executed before a Vermont judge, prompting questions about due process, who must file petitions and how law enforcement paperwork might be simplified.
Members of the Judiciary committee on May 1 examined draft revisions to S.87 that would let Vermont courts treat previously signed, authenticated out‑of‑state extradition waivers as presumptively valid when a detained person appears in Vermont court.
The change would allow a judge to “proceed as if the person had consented to the return of the demanding state,” under the draft, placing the burden on a defendant to prove a prior waiver is invalid, the committee was told.
The measure matters because it would speed some extradition cases when a waiver already exists, but witnesses and the judge warned the change raises legal and procedural questions about when a court may hold a person, who must file extradition papers and whether pretrial, out‑of‑state waivers are equivalent to an in‑court waiver.
Kim McManus, with the Department of State's Attorneys and Sheriffs, told the panel the draft offers “a neat, clean” solution to create an off‑ramp when a presigned waiver exists but noted the current placement of the language would still require law enforcement and the state's attorney to file a fugitive‑from‑justice charge at the initial hearing. McManus said some in law…
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