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.
Section 23-24B-4.1 – Investigation and report to judge by attorney general.
23-24B-4.1. Investigation and report to judge by attorney general. The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. Source: SL 1978, ch 172, §4.
Section 23-24B-4.2 – Scope of circuit judge’s inquiry.
23-24B-4.2. Scope of circuit judge’s inquiry. The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime. […]
Section 23-24A-22 – Dismissal of accusation on failure to accept custody or try case–Detainer void.
23-24A-22. Dismissal of accusation on failure to accept custody or try case–Detainer void. If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to […]
Section 23-24A-23 – Running of sentence during temporary custody–Good time earned.
23-24A-23. Running of sentence during temporary custody–Good time earned. During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the […]
Section 23-24A-24 – Prisoner deemed in custody and jurisdiction of sending state–Escape from temporary custody.
23-24A-24. Prisoner deemed in custody and jurisdiction of sending state–Escape from temporary custody. For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary […]
Section 23-24A-25 – Responsibilities of receiving state–Supplementary agreement for allocation of costs and responsibilities–Internal relationships in state not altered.
23-24A-25. Responsibilities of receiving state–Supplementary agreement for allocation of costs and responsibilities–Internal relationships in state not altered. From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more […]
Section 23-24A-26 – Dismissal of accusation not tried before return to imprisonment.
23-24A-26. Dismissal of accusation not tried before return to imprisonment. If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to §23-24A-27, such indictment, information or complaint shall not be of any further force or effect, and the court […]