Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-10-6

Defendants outside United States

Sec. 6. Securing Attendance of Defendants Who Are Outside The
United States. (1) When a criminal action for a crime committed in
this state is pending in a court of this state with jurisdiction over the
crime against a defendant who is in a foreign country with which the
United States has an extradition treaty, and when the indictment or
information charges a crime which is specified in such treaty as an
extraditable one, the prosecuting attorney of the county in which
such crime was allegedly committed may make an application to the
governor, requesting him to make an application to the president of
the United States to institute extradition proceedings for the return
of the defendant to this country and state for the purpose of
prosecution of such action. The prosecuting attorney's application
must comply with any rules, regulations and guidelines established
by the governor for such applications and must be accompanied by
all the documents required by such rules, regulations and guidelines.
(2) Upon receipt of the prosecuting attorney's application, the
governor if satisfied that the defendant is in the foreign country in
question, that the crime charged is an extraditable one pursuant to the
treaty in question, and that there are no factors or impediments which
in law preclude such an extradition, may in his discretion make an

application, addressed to the secretary of state of the United States,
requesting that the president of the United States institute extradition
proceedings for the return of the defendant from such foreign
country. The governor's application must comply with any rules,
regulations and guidelines established by the secretary of state for
such applications and must be accompanied by all the documents
required by such rules, regulations and guidelines.
(3) If the governor's application is granted and the extradition is
achieved or attempted, all expenses incurred therein must be borne
by the county from which the application emanated.
(4) The provisions of this section apply equally to extradition or
attempted extradition of a person who is a fugitive following the
entry of a judgment of conviction against him in a criminal court of
this state.

As added by Acts 1981, P.L.298, SEC.2.

Last modified: May 24, 2006