Where appearing in this subchapter, the term “Governor” includes any person performing the functions of Governor by authority of the law of this state. The term “executive authority” includes the Governor and any person performing the functions of governor in a state other than this state. And the term “state” referring to a state other […]
Subject to the qualifications of this subchapter, and the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person […]
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made […]
When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report […]
A warrant of extradition must not be issued unless documents presented by the executive authority making the demand show that: I. Except in cases arising under § 16-94-206, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; II. The accused […]
The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 16-94-205 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state […]
If the Governor shall decide that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner, or other person whom he or she may think fit to entrust with the execution thereof; and the […]
Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of […]
Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless he or she has been informed of the demand made for his or her surrender and of the crime with which he or she is charged and […]
Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the Governor’s warrant in disobedience to the last section shall be guilty of a misdemeanor, and on conviction shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more […]
The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and […]
Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 16-94-206, with having fled from justice; or whenever complaint shall have been made […]
(a) The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested the […]
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he or she probably committed the crime, and, except in cases arising under § 16-94-206, that he or she has fled from justice, the judge or magistrate must […]
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as […]
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again take bail for his or her appearance and surrender, as provided […]
If the prisoner is admitted to bail and fails to appear and surrender himself or herself according to the condition of his or her bond, the court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or […]
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the Governor at his or her discretion either may surrender him or her on the demand of the executive authority of another state or may hold him or her until the person has been tried […]
The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except […]
