Uniform Criminal Extradition Act
Sec. 3. (1) Where appearing in this section, the term "governor"
includes any person performing the functions of governor by
authority of the law of this state. The term "executive authority"
includes the governor and any person performing the functions of
governor in a state other than this state. The term "state", referring to
a state other than this state, refers to any other state or territory,
organized or unorganized, of the United States of America.
(2) Subject to the qualifications of this section and the provisions
of the Constitution of the United States controlling, and acts of
congress in pursuance thereof, it is the duty of the governor of this
state to have arrested and delivered up to the executive authority of
any other state of the United States any person charged in that state
with treason, a felony, or other crime who has fled from justice and
is found in this state.
(3) No demand for the extradition of a person charged with crime
in another state shall be recognized by the governor unless in writing
and accompanied by a copy of an indictment found or by an
information supported by affidavit in the state having jurisdiction of
the crime, or by a copy of an affidavit made before a magistrate
there, together with a copy of any warrant which was issued thereon.
The indictment, information, or affidavit made before the magistrate
must substantially charge the person demanded with having
committed a crime under the law of that state; and the copy must be
authenticated by the executive authority making the demand, which
shall be prima facie evidence of its truth.
(4) When a demand shall be made upon the governor of this state
by the executive authority of another state for the surrender of a
person so charged with crime, the governor may call upon the
attorney general or any prosecuting officer in this state to investigate
or assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether
he ought to be surrendered.
(5) A warrant of extradition shall not be issued unless the
documents presented by the executive authority making the demand
show that:
(a) except in cases arising under subsection 7 of this section, the
accused was present in the demanding state at the time of the
commission of the alleged crime, and thereafter fled from the
state;
(b) the accused is now in this state; and
(c) he is lawfully charged by indictment found or by
information filed by a prosecuting officer and supported by
affidavit to the facts, or by affidavit made before a magistrate
in that state, with having committed a crime under the laws of
that state, or that he has been convicted of a crime in that state
and has escaped from confinement or has broken the terms of
his bail, probation, or parole, or that the sentence or some
portion of it otherwise remains unexecuted and that the person
claimed has not been discharged or otherwise released from the
sentence.
(6) When it is desired to have returned to this state a person
charged in this state with a crime, and such person is imprisoned or
is held under criminal proceedings then pending against him in
another state, the governor of this state may agree with the executive
authority of such other state for the extradition of such person before
the conclusion of such proceedings or his term of sentence in such
other state, upon condition that such person be returned to such other
state at the expense of this state as soon as the prosecution in this
state is terminated. The governor of this state may also surrender on
demand of the executive authority of any other state any person in
this state who is charged in the manner provided in subsection 24 of
this section with having violated the laws of the state whose
executive authority is making the demand, even though such person
left the demanding state involuntarily.
(7) The governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this state
charged in such other state in the manner provided in subsection 5 of
this section with committing an act in this state, or in a third state,
intentionally resulting in a crime in the state whose executive
authority is making the demand; and the provisions of this section
not otherwise inconsistent shall apply to such cases, notwithstanding
that the accused was not in that state at the time of the commission
of the crime and has not fled therefrom.
(8) If the governor shall decide that the demand should be
complied with, he shall sign a warrant of arrest, which shall be sealed
with the state seal, and be directed to a sheriff, marshal, coroner, or
other person whom he may think fit to entrust with the execution
thereof; and the warrant must substantially recite the facts necessary
to the validity of its issue.
(9) Such warrant shall authorize the officer or other person to
whom directed to arrest the accused at any place where he may be
found within the state, to command the aid of all sheriffs and law
enforcement officers in the execution of the warrant, and to deliver
the accused subject to the provision of this section, to the duly
authorized agent of the demanding state.
(10) Every such officer or other person empowered to make the
arrest shall have the same authority in arresting the accused to
command assistance therein, as sheriffs and other officers have by
law in the execution of any criminal process directed to them, with
the like penalties against those who refuse their assistance.
(11) 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 has been informed of the demand
made for his surrender, of the crime with which he is charged and
that he has the right to demand legal counsel; and if the prisoner, his
friends, or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of
a court of record in this state who shall fix a reasonable time to be
allowed him within which to apply for a writ of habeas corpus. And
when such writ is applied for, notice thereof, and of the time and
place of hearing thereon, shall be given to the public prosecuting
officer of the county in which the arrest is made and in which the
accused is in custody and to the said agent of the demanding state.
(12) An officer who recklessly delivers to the agent for extradition
of the demanding state a person in his custody under the governor's
warrant in disobedience to subsection 11 of this section commits a
Class B misdemeanor.
(13) The officer or person 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
the jail of any county or city through which he may pass; and the
keeper of such jail must receive and safely keep the prisoner until the
person having charge of him is ready to proceed on his route, such
person being chargeable with the expense of keeping.
(14) Whenever any person within this state shall be charged on
the oath of any credible person before any judge of this state with the
commission of a crime in any other state, and, except in cases arising
under subsection 7 of this section, with having fled from justice, or
whenever complaint shall have been made before any judge in this
state setting forth on the affidavit of any credible person in another
state that a treason or felony has been committed in such other state
and that the accused has been charged in such state with the
commission of the treason or felony, and, except in cases arising
under subsection 7 of this section, has fled therefrom and is believed
to have been found in this state, the judge shall issue a warrant
directed to the sheriff of the county in which the oath or complaint
is filed directing him to apprehend the person charged, wherever he
may be found in this state, and bring him before the same or any
other judge, who may be convenient of access to the place where the
arrest may be made, to answer the charge or complaint and affidavit.
A certified copy of the sworn charge or complaint and affidavit upon
which the warrant is issued shall be attached to the warrant.
(15) The arrest of a person may be lawfully made also by an
officer or a private citizen without a warrant upon reasonable
information that the accused stands charged in the courts of another
state with a crime punishable by death or imprisonment for a term
exceeding one (1) year; but when so arrested the accused must be
taken before a judge with all practicable speed, and complaint must
be made against him under oath setting forth the ground for the arrest
as in the last preceding subsection; and thereafter his answer shall be
heard as if he has been arrested on warrant.
(16) If from the examination before the judge, it appears that the
person held is the person charged with having committed the crime
alleged and that he probably committed the crime, and, except in
cases arising under subsection 7 of this section, that he has fled from
justice, the judge shall commit him to jail by a warrant reciting the
accusation for such time specified in the warrant as will enable the
arrest of the accused to be made under a warrant of the governor on
a requisition of the executive authority of the state having
jurisdiction of the offense, unless the accused gives bail as provided
in subsection 17 of this section, or until he shall be legally
discharged.
(17) 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, the judge must
admit the person arrested to bail by bond or undertaking, with
sufficient sureties, and in such sum as he deems proper, for his
appearance before him at a time specified in such bond or
undertaking, and for his surrender, to be arrested upon the warrant of
the governor of this state. The prisoner shall not be admitted to bail
after issuance of a warrant by the governor of this state.
(18) If the accused is not yet arrested under warrant of the
governor by the expiration of the time specified in the warrant, bond,
or undertaking, the judge may discharge him or may recommit him
to a further day, or may again take bail for his appearance and
surrender, as provided in subsection 17 of this section; and at the
expiration of the second period of commitment, or if he has been
bailed and appeared according to the terms of his bond or
undertaking, the judge may either discharge him, or may require him
to enter into a new bond or undertaking, to appear and surrender
himself at another day.
(19) If the prisoner is admitted to bail and fails to appear and
surrender himself according to the conditions of his bond, the court,
by proper order, shall declare the bond forfeited; and recovery may
be had thereon in the name of the state as in the case of other bonds
or undertakings given by the accused in criminal proceedings within
this state.
(20) If a criminal prosecution has been instituted against such
person under the laws of this state and is still pending, the governor
at his discretion either may surrender him on the demand of the
executive authority of another state or may hold him until he has
been tried and discharged, or convicted and punished in this state.
(21) 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 proceedings 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 may be involved in identifying
the person held as the person charged with the crime.
(22) The governor may recall his warrant of arrest or may issue
another warrant whenever he deems proper.
(23) Whenever the governor of this state shall demand a person
charged with a crime in this state from the chief executive of any
other state or from the chief justice or an associate justice of the
Supreme Court of the District of Columbia authorized to receive
such demand under the laws of the United States, he shall issue a
warrant under the seal of this state to some agent commanding him
to receive the person so charged if delivered to him and convey him
to the proper officer of the county in this state in which the offense
was committed.
(24) When the return to this state of a person charged with a crime
in this state is required, the prosecuting attorney of the county in
which the offense is committed shall present to the governor his
written application for a requisition for the return of the person
charged, in which application shall be stated the name of the person
so charged, the crime charged against him, the approximate time,
place, and circumstances of its committal, the state in which he is
believed to be, including the location of the accused therein at the
time the application is made, and certifying that in the opinion of the
said prosecuting attorney the ends of justice require the arrest and
return of the accused to this state for trial, and that the proceeding is
not instituted to enforce a private claim. The application shall be
verified by affidavit, shall be executed in triplicate, and shall be
accompanied by three (3) certified copies of the indictment returned,
or information and affidavit filed, or of the complaint made to the
magistrate, stating the offense with which the accused is charged.
The prosecuting attorney may also attach such further affidavits and
other documents in triplicate as he shall deem proper to be submitted
with such application. One (1) copy of the application with the action
of the governor indicated by the endorsement thereon and one (1) of
the certified copies of the indictment or complaint or information and
affidavit shall be filed in the office of the secretary of state to remain
of record in that office. The other copies of all papers shall be
forwarded with the governor's requisition.
(25) The expenses shall be paid out of the general fund of the
county treasury of the county wherein the crime is alleged to have
been committed. The expenses shall be the fees paid to the officers
of the state on whose governor the requisition is made, as now
provided by law, for all necessary travel in returning such prisoner.
(26) A person brought into this state on extradition based on a
criminal charge shall not be subject to service of personal process in
civil actions arising out of the same facts as the criminal proceeding
to answer for which he is returned until he has been convicted in the
criminal proceeding, or if acquitted, until he has had ample
opportunity to return to the state from which he was extradited.
(27) After a person has been brought back to this state upon
extradition proceedings, he may be tried in this state for other crimes
which he may be charged with having committed here, as well as that
specified in the requisition for his extradition.
(28) This section shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it.
(29) Nothing in this section contained shall be deemed to
constitute a waiver by the state of its right, power, or privilege to
regain custody of such person by extradition proceedings or
otherwise for the purpose of trial, sentence, or punishment for any
crime committed within this state, nor shall any proceedings had
under this section which result in, or fail to result in, extradition be
deemed a waiver by this state of any of its rights, privileges, or
jurisdiction in any way whatsoever.
(30) This section may be cited as the Uniform Criminal
Extradition Act.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.178-1984,
SEC.1.
Last modified: May 24, 2006