612:1 Definitions. – Where appearing in this chapter, 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. The term "state," referring to […]
612:10 Rights of Accused Person; Application for Writ of Habeas Corpus. – No person arrested upon a warrant issued pursuant to RSA 612:7 shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a […]
612:11 Penalty for Noncompliance With Preceding Section. – 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 wilful disobedience to RSA 612:10 shall be guilty of a misdemeanor. Source. 1973, 70:1. RL 437:11. RSA 612:11. 1973, 528:318, eff. at […]
612:12 Confinement in Jail When Necessary. – The officer or person executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner has 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 […]
612:13 Arrest Prior to Requisition. – Whenever 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 RSA 612:6, with having fled from justice, or […]
612:14 Arrest Without a Warrant. – The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one […]
612:15 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, except in cases arising under RSA 612:6, that he has fled from justice, the judge or magistrate must, by a warrant […]
612:16 Bail; In What Cases; Conditions of Bond. – 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, a judge or magistrate in this state may admit the person arrested to […]
612:17 Extension of Time of Commitment, Adjournment. – If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge […]
612:18 Forfeiture of Bail. – If a prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this state. Recovery may be […]
612:19 Persons Under Criminal Prosecution in This State at Time of Requisition. – If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, when a demand for extradition is received, the governor, in his discretion, may surrender the person on demand of the executive […]
612:2 Fugitives From Justice; Duty of Governor. – Subject to the provisions of this chapter, 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 […]
612:20 Guilt or Innocence of Accused, When Inquired Into. – The guilt or innocence of the accused as to the crime of which he 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 provided […]
612:21 Governor May Recall Warrant or Issue Alias. – The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. Source. 1937, 70:1. RL 437:21.
612:22 Fugitives From This State; Duty of Governors. – Whenever the governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state from the executive authority of any other state, or from the chief justice […]
612:23 Application for Issuance of Requisition; By Whom Made; Contents. – I. When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application […]
612:24 Expenses. – All expenses of officers of this state in connection with extradition proceedings under the provision of this chapter shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed, except as provided in the case of recommitment of certain paroled convicts as […]
612:25 Immunity From Service of Process in Certain Civil Actions. – A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he […]
612:26 Written Waiver of Extradition Proceedings. – Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation, or parole may waive the issuance and service of the warrant provided for in RSA 612:7 and […]
612:27 Nonwaiver by This State. – Nothing contained in this chapter shall be deemed to constitute a waiver by this state of its right, power, or privilege to try a demanded person for a crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition […]
