Section 23-24B-8 – Temporary detention of fugitive being transported–Expense.
23-24B-8. Temporary detention of fugitive being transported–Expense. The law enforcement officer or person executing the judge’s warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which the […]
Section 23-26A-1 – Request by another state for arrest of accused who has violated terms of release–Documents filed with magistrate.
23-26A-1. Request by another state for arrest of accused who has violated terms of release–Documents filed with magistrate. If a person who has been charged with a crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions […]
Section 23-26A-2 – Warrant for arrest of accused person.
23-26A-2. Warrant for arrest of accused person. Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the committing magistrate shall issue a warrant […]
Section 23-26A-3 – Magistrate’s direction to prosecuting attorney to investigate.
23-26A-3. Magistrate’s direction to prosecuting attorney to investigate. The committing magistrate shall notify the prosecuting attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by §23-26A-1 and the identity and authority of the affiant. Source: SL 1978, ch 174, §3.
Section 23-26A-4 – Arrested person taken before magistrate–Advice as to rights.
23-26A-4. Arrested person taken before magistrate–Advice as to rights. The person whose removal is sought shall be brought before the committing magistrate immediately upon arrest pursuant to the warrant; whereupon the committing magistrate shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, […]
Section 23-24B-1 – Extradition to tribe of Indian fugitive found within state’s jurisdiction.
23-24B-1. Extradition to tribe of Indian fugitive found within state’s jurisdiction. If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of […]
Section 23-24B-3 – Written request required–Contents–Copy of arrest warrant and judgment–Sworn statement from reservation judicial officer.
23-24B-3. Written request required–Contents–Copy of arrest warrant and judgment–Sworn statement from reservation judicial officer. A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that […]
Section 23-24B-3.1 – Extradition or prosecution of state charges against fugitive Indian.
23-24B-3.1. Extradition or prosecution of state charges against fugitive Indian. If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him […]
Section 23-24B-3.2 – Submission of documents to circuit judge–Warrant of arrest.
23-24B-3.2. Submission of documents to circuit judge–Warrant of arrest. The attorney general shall submit the documents specified in §23-24B-3 to any circuit court judge. If the judge decides that the extradition demand should be complied with, he shall issue a warrant of arrest directed to any law enforcement officer. Source: SL 1978, ch 172, §3.
Section 23-24B-4 – Proceedings conducted between circuit judge and tribal judge or magistrate.
23-24B-4. Proceedings conducted between circuit judge and tribal judge or magistrate. Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition. Source: SL 1976, ch 162, §5.