Conditions of rendition
Sec. 2. (a) Before making demand that the governor of another
state surrender an individual charged criminally in Indiana with
having failed to provide for the support of an obligee, the governor
of Indiana may require a prosecuting attorney in Indiana to
demonstrate that:
(1) at least sixty (60) days previously the obligee had initiated
proceedings for support under this article; or
(2) the proceeding would be of no avail.
(b) If under:
(1) this article or a law substantially similar to this article;
(2) the Uniform Reciprocal Enforcement of Support Act; or
(3) the Revised Uniform Reciprocal Enforcement of Support
Act;
the governor of another state makes a demand that the governor of
Indiana surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual
to whom a duty of support is owed, the governor may require a
prosecuting attorney to investigate the demand and report whether a
proceeding for support has been initiated or may be effective.
(c) If a proceeding for support may be effective but has not been
initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(d) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may
decline to honor the demand.
(e) If the:
(1) petitioner prevails; and
(2) individual whose rendition is demanded is subject to a
support order;
the governor may decline to honor the demand if the individual is
complying with the support order.
As added by P.L.1-1997, SEC.10.
Last modified: May 24, 2006