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Home » US Law » 2022 Maryland Statutes » Criminal Procedure » Title 9 - Extradition

Section 9-101 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    In this title, “executive authority” includes the Governor and any person performing the functions of governor in a state other than this State.     (c)    (1)    “State” means a state other than this State.         (2)    “State” includes the District of Columbia and any other state or territory of the […]

Section 9-102 – Fugitives From Justice; Duty of Governor

    Subject to the provisions of this title, 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 of any other state any person charged […]

Section 9-103 – Form of Demand

    (a)    A demand for the extradition of a person charged with crime in another state may not be recognized by the Governor unless it is:         (1)    in writing and alleging, except in cases arising under § 9-106 of this title, that the accused was present in the demanding state at the time of the commission of the […]

Section 9-104 – Governor May Call for Investigation

    When a demand is 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:         (1)    to investigate or assist in investigating the demand; and         (2)    to report to […]

Section 9-107 – Governor’s Warrant of Arrest

    (a)    If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest. The warrant shall be sealed with the State seal and be directed to any law enforcement officer or other person whom the Governor may think fit to entrust with the execution thereof.     (b)    The warrant must substantially […]

Section 9-108 – Manner and Place of Execution

    A warrant issued under § 9-107 of this title shall authorize the law enforcement officer or other person to whom it is directed:         (1)    to arrest the accused at any time and any place where the accused is found within the State;         (2)    to command the aid of all law enforcement officers or other persons in the […]

Section 9-109 – Authority of Arresting Officer

    A law enforcement officer or other person empowered to make the arrest under § 9-108 of this title has the same authority in arresting the accused to command assistance as law enforcement officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

Section 9-110 – Rights of Accused Person; Application for Writ of Habeas Corpus

    (a)    (1)    A person arrested upon a warrant issued under § 9-107 of this title may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this State, who shall inform […]

Section 9-111 – Noncompliance With Delivery Procedures

    (a)    An officer may not deliver to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant in willful disobedience to § 9-110 of this title.     (b)    A person who violates subsection (a) of this section is guilty of a misdemeanor and, on conviction, is subject to a fine […]

Section 9-112 – Confinement in Correctional Facility When Necessary

    (a)    (1)    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 correctional facility of any county or municipal corporation through which the officer, person, or agent may pass.         (2)    The managing official of the […]

Section 9-113 – Arrest Before Requisition

    (a)    This section applies whenever:         (1)    it is charged on the oath of a credible witness before a judge or District Court commissioner that a person in this State:             (i)    has committed a crime in another state and, except in cases arising under § 9-106 of this title, has fled from justice; or             (ii)    has been convicted of a […]

Section 9-114 – Arrest Without Warrant

    (a)    The arrest of a person may be lawfully made also by any law enforcement officer without a warrant upon reasonable information that the accused stands charged in a court of a state with a crime punishable by death or imprisonment for a term exceeding 1 year.     (b)    When an accused is arrested under subsection (a) of […]

Section 9-115 – Commitment to Await Requisition; Bail

    If, from the examination before the judge or District Court commissioner, it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 9-106 of this title, that the person has fled from justice, the judge or District Court commissioner must, by a warrant […]

Section 9-116 – Bail by Bond

    (a)    Except as provided in subsection (b) of this section, and unless the crime with which the person arrested is charged is shown to be a crime punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail […]

Section 9-117 – Discharge, Recommitment, or Renewal of Bail

    If the accused is not arrested under warrant of the Governor within the time specified in the warrant or bond, a judge or District Court commissioner may discharge the accused or recommit the accused for a further period not to exceed 60 days, or a judge or District Court commissioner may again take bail for […]

Section 9-118 – Forfeiture of Bail

    (a)    If the accused is admitted to bail and fails to appear and surrender according to the conditions of the bond, the judge or District Court commissioner by proper order shall declare the bond forfeited and order the immediate arrest of the accused without warrant if the accused is within this State.     (b)    Recovery may be had […]

Section 9-119 – Persons Under Criminal Prosecution in This State at Time of Requisition

    If a criminal prosecution has been instituted against a person under the laws of this State and is still pending, the Governor may:         (1)    surrender the person on demand of the executive authority of another state; or         (2)    hold the person until the person has been tried and discharged or convicted and punished in this State.

Section 9-120 – Inquiry Into Guilt or Innocence of Accused Prohibited

    The guilt or innocence of the accused of the crime 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 provided in this title, has been presented to the Governor, except as it may be involved in […]