New Probation Condition for Felons: Mandatory Waiver of Extradition

In Session Law 2016-77, the General Assembly made some changes the law of probation, post-release supervision, and parole. Though styled as “an act to amend provisions of the Justice Reinvestment Act,” the latest legislation makes some changes that go beyond the 2011 JRA. Today’s post summarizes one of the changes: a new requirement for supervised felony probationers to make a prospective waiver of extradition. New G.S. 15A-1343(17) makes it a regular condition of probation that a probationer “[w]aive all rights relating to extradition proceedings if taken into custody outside of this State for failing to comply with the conditions imposed by the court upon a felony conviction.” This provision is directed at potential fugitive probationers (those supervised in North Carolina who are found elsewhere after a violation), not those who are properly being supervised in another state on North Carolina’s behalf under the Interstate Compact for Adult Offender Supervision. (Of course, Compact offenders also waive their extradition rights as part of their application for transfer. Rule 3.209.) Perhaps anticipating the strangeness of a self-executing, mandatory waiver that (as a regular condition) need not be stated aloud in open court, the new law also includes a provision requiring every defendant placed on probation to submit to the Division of Adult Correction a signed document stating that he or she will comply with the conditions of probation imposed by the court, and that he or she waives all rights relating to extradition proceedings if taken into custody outside of North Carolina. G.S. 15A-1343(c). [...]