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§ 3801. Definitions

Where appearing in this chapter, the term “Governor” includes any person performing the functions of Governor by authority of the law applicable to the Virgin Islands. The term “Executive Authority” includes the Governor, and any person performing the functions of Governor in a state other than the Virgin Islands.

§ 3802. Fugitives from justice; duty of Governor

Subject to the provisions of this chapter, 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 the Virgin Islands to have arrested and delivered up to the Executive Authority of any other state of the […]

§ 3803. Form of demand

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 3806 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that […]

§ 3804. Governor may investigate case

When a demand shall be made upon the Governor of the Virgin Islands by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the United States attorney to investigate or assist in investigating the demand, and to report to him the situation and […]

§ 3807. Issue of Governor’s warrant of arrest; its recitals

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the Virgin Islands, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite […]

§ 3808. Manner and place of execution

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the Virgin Islands and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, […]

§ 3809. Authority of arresting officer

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 refuse their assistance.

§ 3810. Rights of accused person; application for writ of habeas corpus

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 of the demand made for his surrender and […]

§ 3811. Penalty for non-compliance with preceding section

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 3810 of this title, shall be fined not more than $1,000 or imprisoned not more than six months, or both.

§ 3812. Confinement in jail when necessary

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 any jail in the Virgin Islands; and the keeper of such jail must receive and safely keep the prisoner until the officer or […]

§ 3813. Arrest prior to requisition

Whenever any person within the Virgin Islands is charged on the oath of a credible person before any judge of the Virgin Islands with the commission of a crime in any other state and, except in cases arising under section 3806 of this title, with having fled from justice, or with having been convicted of […]

§ 3814. Arrest without a 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 so arrested the accused […]

§ 3815. Commitment to await requisition; bail

If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 3806 of this title, that he has fled from justice, the judge must, by a warrant reciting the accusation, commit him to jail for such […]

§ 3816. Bail; in what cases; conditions of bond

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in the Virgin Islands may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as […]

§ 3817. Extension of time of commitment; adjournment

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 may discharge him or may recommit him for a further period not to exceed sixty days, or a judge may again take bail for his appearance and surrender, as provided […]

§ 3818. Forfeiture of bail

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond the judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within the Virgin Islands. Recovery may be had on such bond in the name […]

§ 3820. Guilt or innocence of accused, when inquired into

The guilt or innocence of the accused as to the crime of which he is charged 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 above provided shall have been presented to the Governor, except as it […]