Section 45-27-84 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) COUNTY. Escambia County. (2) DISTRICT ATTORNEY. The District Attorney for the 21st Judicial Circuit. (3) RESERVATION. The reservation of the tribe or any land held in trust for the tribe by the United States of America. (4) […]
Section 45-27-84.01 Extradition authorized. If a tribal fugitive is found within the county, he or she may be extradited to the tribe as provided for by this part. (Act 2017-351, §2.)
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal fugitive shall be recognized unless a written request is received by the district attorney. (b) The written request shall contain all of the following: (1) A sworn statement stating that the accused tribal fugitive was alleged to be present on the […]
Section 45-27-84.03 Procedures when tribal fugitive under criminal prosecution. If a criminal prosecution has been instituted under the laws of this state against a person demanded by the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the district attorney may either commence extradition or demand that the accused tribal fugitive […]
Section 45-27-84.04 Warrant of arrest. If the district attorney complies with the demand for extradition, the district attorney shall submit the documents specified in Section 45-27-84.02 to the district court and the district court judge shall issue a warrant of arrest directed to any law enforcement officer for the arrest of the tribal fugitive. (Act […]
Section 45-27-84.05 Investigation, report, and recommendation of district attorney. The district court judge may call upon the district attorney to investigate the demand for extradition, to report the situation and circumstances of the person so demanded, and to recommend whether the person should be surrendered. (Act 2017-351, §6.)
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her right […]
Section 45-27-84.07 Determination of accused as tribal fugitive. (a) If the district court judge determines the accused person is a tribal fugitive, then the tribal fugitive shall be surrendered to an agent of the tribe. (b) The guilt or innocence of the accused tribal fugitive may not be inquired into by the district court judge […]
Section 45-27-84.08 Delivery of tribal fugitive without warrant. Notwithstanding Sections 45-27-84.04 and 45-27-84.07, a law enforcement or corrections agency in the county holding an accused tribal fugitive may deliver the accused tribal fugitive to the duly accredited agent of the tribe without the requirement of a warrant if both of the following requirements are met: […]
Section 45-27-84.09 Confinement of tribal fugitive in county jail. The law enforcement officer or person executing the warrant of arrest or the agent of the tribe to whom the tribal fugitive may have been delivered, if necessary, may confine the tribal fugitive in a jail of the county and the keeper of the jail shall […]
Section 45-27-84.10 Relation to state extradition statutes. An extradition proceeding provided for by this part may not interfere with or supersede a formal proceeding under Article 2 of Chapter 9 of Title 15, relating to extradition by the Governor of Alabama. (Act 2017-351, §11.)
