No person arrested upon such warrant shall be delivered over to the agent whom the
executive authority demanding him or her shall have appointed to receive him or her
unless he or she shall first be taken forthwith before a judge of a court of record
in this state, who shall inform him or her of the demand made for his or her surrender
and of the crime with which he or she is charged, and that he or she has the right
to demand and procure legal counsel; and if the prisoner or his or her counsel shall
state that he or she or they desire to test the legality of his or her arrest, the
judge of such court of record shall fix a reasonable time to be allowed him or her
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 officer 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: PROVIDED, That the hearing provided for in this section shall not be available
except as may be constitutionally required if a hearing on the legality of arrest
has been held pursuant to RCW 10.88.320 or 10.88.330.
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