§ 12-16.1-1. Definitions. As used in this chapter: (1) “Penal institutions” includes a jail, prison, penitentiary, house of correction, or other place of penal detention. (2) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States. (3) “Witness” means a person […]
§ 12-16.1-2. Summoning witness in this state to testify in another state. (a) A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify: (1) That there is a […]
§ 12-16.1-3. Court order. If at the hearing the judge determines: (1) that the witness may be material and necessary, (2) that his or her attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in […]
§ 12-16.1-4. Terms and conditions. The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his or her testimony, proper safeguards on the witness’ custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred […]
§ 12-16.1-5. Exceptions. This chapter does not apply to any person in this state confined as insane or mentally ill, or as a defective delinquent, or under sentence of death. History of Section.P.L. 1970, ch. 4, § 1.
§ 12-16.1-6. Prisoner from another state summoned to testify in this state. (a) If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may […]
§ 12-16.1-7. Compliance. The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. History of Section.P.L. 1970, ch. 4, § 1.
§ 12-16.1-8. Exemption from arrest and service of process. If a witness from another state comes into or passes through this state under an order directing the witness to attend in this or another state, he or she shall not, while in this state pursuant to the order, be subject to arrest or the service […]
