77-30-10. Time to apply for habeas corpus allowed. No person arrested upon such warrant 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 court of record in this state who shall inform him […]
77-30-11. Penalty for disobedience of habeas corpus. 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 willful disobedience to Section 77-30-10, shall be guilty of a misdemeanor and on conviction shall be fined not more than $1,000 or be imprisoned […]
77-30-12. Officers entitled to use local jails. The officer or persons 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 jail of any county or city through which he may pass and the keeper of […]
77-30-13. Fugitives from justice — Warrant of arrest. 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 Section 77-30-6 that he has fled from […]
77-30-14. Arrest without 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 year, but when […]
77-30-15. Commitment pending arrest under warrant of governor. 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 Section 77-30-6 that he has fled from justice, the judge or magistrate must, by a warrant […]
77-30-16. Amount of bail. (1) Except as provided in Subsection (2), a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties and in an amount he considers proper, conditioned for his appearance before him at a time specified in the bond and for his surrender, to […]
77-30-17. Procedure when no arrest made under warrant of governor. 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 […]
Effective 5/8/2018 77-30-18. Forfeiture of bail. If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the prisoner’s bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner’s immediate arrest without warrant if the prisoner is within this state. Recovery […]
77-30-19. Procedure if prosecution pending in this state. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in his discretion, may either surrender him on demand of the executive authority of another state or hold him until he has been tried and […]
77-30-2. Duty of governor to deliver person charged with crime upon demand by other state. Subject to the provisions of this act, 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 […]
77-30-20. Governor not to inquire into guilt or innocence. The guilt or innocence of the accused as to the crime of which he is charged in another state 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 […]
77-30-21. Governor’s warrant of arrest recalled or another issued. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. Enacted by Chapter 15, 1980 General Session
77-30-22. Fugitives from this state — Issuance of governor’s warrant. 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 […]
77-30-23. Fugitives from this state — Applications for requisition for return. (1) 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 shall […]
Effective 7/1/2021 77-30-24. Payment of expenses — Extradition costs. (1) (a) When the punishment of an offense is the confinement of the defendant in prison, the expenses shall be paid out of the state treasury on the certificate of the governor and warrant of the auditor. (b) In all other cases, the expenses for confinement […]
Effective 5/14/2019 77-30-25. Individual brought into state on extradition exempt from civil process — Waiver of extradition proceedings — Nonwaiver by this state. (1) An individual brought into this state by or after waiver of extradition based on a criminal charge is not subject to service of personal process in a civil action arising out […]
77-30-26. Prosecution not limited to crime specified in requisition. After a person has been brought back to this state by or after waiver of extradition proceedings he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his […]
77-30-26.5. Person who has violated parole or probation agreement with demanding state. (1) A law enforcement agency that is holding a person subject to extradition based on having allegedly violated the terms of the person’s probation, parole, bail, or other terms of release in the demanding state shall immediately release the person to the authorized […]
77-30-27. Uniformity of interpretation. The provisions of this act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. Enacted by Chapter 15, 1980 General Session
