Section 24 – Payment of expenses — Extradition costs.
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 […]
Section 9 – Authority of officers under warrant of arrest.
77-30-9. Authority of officers under warrant of arrest. Every such peace officer or other person empowered to make the arrest shall have the same authority in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who […]
Section 25 – Individual brought into state on extradition exempt from civil process — Waiver of extradition proceedings — Nonwaiver by this state.
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 […]
Section 10 – Time to apply for habeas corpus allowed.
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 […]
Section 11 – Penalty for disobedience of habeas corpus.
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 […]
Section 12 – Officers entitled to use local jails.
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 […]
Section 13 – Fugitives from justice — Warrant of arrest.
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 […]
Section 14 – Arrest without warrant.
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 […]
Section 15 – Commitment pending arrest under warrant of governor.
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 […]
Section 16 – Amount of bail.
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 […]