Section 23-24A-34 – Liberal construction of agreement–Severability of provisions.
23-24A-34. Liberal construction of agreement–Severability of provisions. This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States […]
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 23-24A-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 […]
Section 23-24A-27 – Return of prisoner to sending state.
23-24A-27. Return of prisoner to sending state. At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. Source: SL 1972, ch 150, §19.