US Lawyer Database

§ 16-94-202. Duty of Governor

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 […]

§ 16-94-203. Procedure generally

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 […]

§ 16-94-204. Investigation by Attorney General

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 […]

§ 16-94-205. Warrant generally

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 […]

§ 16-94-206. Absence of fugitive from other state when crime committed

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 […]

§ 16-94-207. Governor to sign warrant

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 […]

§ 16-94-208. Contents of warrant

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 […]

§ 16-94-209. Arresting officer

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.

§ 16-94-210. Accused to be informed of demand — Habeas corpus

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 […]

§ 16-94-211. Penalty

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 […]