13-3841. Definitions In this article, unless the context otherwise requires: 1. " Charged with crime" , " criminal charge" or " criminal offense" includes any of the following: (a) A felony or misdemeanor offense. (b) Escape from confinement or the custody of any of the following: (i) A law enforcement officer. (ii) A custodial official. […]
13-3842. Fugitives from justice; duty of governor Subject to the provisions of this article, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority […]
13-3843. Form of demand A. 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 […]
13-3844. Governor may investigate case 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 […]
13-3845. Extradition documents; contents A. A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that: 1. Except in cases arising under section 13-3846, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled […]
13-3846. Extradition of persons not present in demanding state at time of commission of crime 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 section 13-3845 with committing an act in […]
13-3847. Issue of governor’s warrant of arrest; its recital If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution […]
13-3848. Manner and place of execution Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, […]
13-3849. Authority of arresting officer Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
13-3850. Duty of arresting officer; application for writ of habeas corpus; notice A. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with […]
13-3851. Noncompliance with preceding section; classification Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor’s warrant in disobedience to section 13-3850, shall be guilty of a class 2 misdemeanor.
13-3852. Confinement in jail when necessary The officer or persons 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 may pass; and the keeper of such […]
13-3853. Arrest prior to requisition When any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under section 13-3846, with having fled from justice, or whenever complaint […]
13-3854. Arrest without a warrant The arrest of a person may be lawfully made also by any peace 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 year, but […]
13-3855. Commitment to await requisition; bail 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 probably committed the crime and, except in cases arising under section 13-3846, that he has fled from justice, the judge or […]
13-3856. Bail; in what cases; conditions of bond Unless the offense with which the person is charged is an offense that is punishable by death or life imprisonment under the laws of the state in which it was committed, or the person is alleged to have escaped from jail or prison or violated the terms […]
13-3857. If no arrest made on governor’s warrant before the time specified If the accused is not arrested under warrant of the governor by the expiration of the time specified in the complaint, bond or undertaking, the judge or magistrate may discharge him or may recommit him to a further day, not to exceed sixty […]
13-3858. Forfeiture of bail If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his 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 […]
13-3859. Persons under criminal prosecution in this state at time of requisition A. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor either may surrender the person on demand of the executive authority of another state or may hold the person until […]
13-3859.01. Local criminal prosecution; continuance of status; time limits tolled A. If this state initiates criminal prosecution under the laws of this state against a person who is charged pursuant to section 13-3853 or 13-3854, the length of commitment restrictions under sections 13-3855 and 13-3857 are tolled during the period that the criminal prosecution is […]
