California Codes

Cal. Penal Code § 1555.2 (2026)

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 3 cases, 1969–1976 · leading case: Gottfried v. Cronin, 555 P.2d 969 (Colo. 1976).

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Gottfried v. Cronin, 555 P.2d 969 (Colo. 1976). · cites it 4× “It noted that § 25B of the Uniform Criminal Extradition Act (West's Cal.Penal Code § 1555.2) expresses a policy that no transfer of prisoners to another state should be deemed a waiver of the right to demand their return as fugitives from justice.”

Donald Gene Boag v. L. C. Boies, Sheriff of Maricopa Cnty., 455 F.2d 467 (9th Cir. 1972). “The district court acted without awaiting issuance and service of process, without notice to Boag that the court was considering dismissal of the complaint, without affording Boag an opportunity to submit written argument, and without affording him an opportunity to amend the…”

Kroc v. Sheriff of Clark Cnty., 450 P.2d 788 (Nev. 1969). “Cal. Penal Code § 1555.2 (West 1956), which reads as follows: “Nothing in this chapter shall be deemed to constitute a waiver by this State of its right, power or privilege to try any demanded person for crime committed within this State, or of its right, power or privilege to…”

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