§ 40-9-112. Allegations Required in Demand for Extradition
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: Except in cases arising under § 40-9-113, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; The accused is […]
§ 40-9-101. Short Title
This chapter shall be known and may be cited as the “Uniform Criminal Extradition Act.”
§ 40-9-102. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Executive authority” includes the governor, and any person performing the functions of governor in a state other than this state; “Governor” includes any person performing the functions of governor by authority of the law of this state; and “State,” referring to a state other than […]
§ 40-9-103. Warrant of Arrest for Crime in Another State
Whenever any person within this state is 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 § 40-9-113, with having fled from justice; or whenever a complaint has been made before […]
§ 40-9-104. Arrest Without Warrant for Felony in Another State
The arrest of a person may be lawfully made 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 accused must […]
§ 40-9-105. Commitment Awaiting Extradition
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 the person probably committed the crime, and, except in cases arising under § 40-9-113, that the person has fled from justice, the judge or magistrate must commit the […]
§ 40-9-106. Admission to Bail
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 any sum that […]
§ 40-9-107. Forfeiture of Bail
If the prisoner is admitted to bail, and fails to appear and surrender according to the condition of the person’s bond, the court, by proper order, shall declare the bond forfeited. Recovery may be had on the bond in the name of the state as in the case of other bonds or undertakings given by […]
§ 40-9-108. Disposition of Prisoner on Expiration of Time Specified in Warrant of Commitment — No Discharge Pending Proceedings Before Governor
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 recommit the accused to a further day, or may again take bail for the accused’s appearance and surrender, as provided in § […]
§ 40-9-109. Governor’s Duty to Cause Arrest and Extradition of Fugitives
Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling, and acts of congress in pursuance of the United States Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state any person […]