Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.70.010 Fugitives from other states and duty of governor.
0.4K chars
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority…
AS 12.70.020 Form of demand.
1.5K chars
(a) No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following: (1) an allegation that the accused was present in the demanding state at …
AS 12.70.030 Investigation of demand and report.
0.2K chars
When a demand is made upon the governor of this state by the executive authority of another state for a surrender of a person charged with crime, the governor shall investigate the demand.
AS 12.70.040 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
0.9K chars
(a) When it is desired to have returned to this state a person charged in this state with a crime, and that person is imprisoned or is held under criminal proceedings then pending against that person in another state, the governor of this state may agree with the executive author…
AS 12.70.050 Extradition of person not present in demanding state at time of commission of crime.
0.6K chars
The governor of this state may also surrender, on demand of the executive authority of another state, a person in this state charged in the other state in the manner provided in AS 12.70.020 with committing an act in this state, or a third state, intentionally resulting in a crim…
AS 12.70.060 Issue of governor's warrant of arrest.
0.4K chars
If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a peace officer or other person whom the governor may think fit to entrust with the execution of the warrant…
AS 12.70.070 Manner and place of execution of the warrant of arrest.
0.4K chars
The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to del…
AS 12.70.080 Authority of arresting officer to command assistance.
0.3K chars
Every officer or other person empowered to make the arrest has the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of a criminal process directed to them, with like penalties against those who refuse their assis…
AS 12.70.090 Rights of accused person and application for writ of habeas corpus.
0.9K chars
A person arrested on a warrant may not be delivered over to the agent who the executive authority demanding the person has appointed to receive the person unless the person is first taken immediately before a judge or magistrate of this state, who shall inform the person of the d…
AS 12.70.100 Penalty for noncompliance with AS 12.70.090.
0.3K chars
An officer or other person who delivers to the agent for extradition of the demanding state a person in custody under the governor's warrant, in wilful disobedience to AS 12.70.090, is guilty of a misdemeanor and, on conviction, is punishable by a fine of not more than $1,000, or…
AS 12.70.110 Confinement in jail when necessary.
1.6K chars
(a) The officer or persons 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 a jail in a political subdivision, judicial district, or city of this state through…
AS 12.70.120 Arrest prior to requisition.
1.5K chars
When a person within this state is charged on the oath of a credible person before a judge or magistrate of this state with the commission of a crime in another state and, except in cases arising under AS 12.70.050, with having fled from justice, or with having been convicted of …
AS 12.70.130 Arrest without warrant.
0.7K chars
The arrest of a person may also be lawfully made by a peace officer or a private person 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 year, but…
AS 12.70.140 Commitment to await requisition.
0.9K chars
If at the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under AS 12.70.050, that the person has fled from justice, the judge or magistrate shall commit the pers…
AS 12.70.150 Bail.
0.0K chars
[Repealed or reserved.]
AS 12.70.160 Extension of time of commitment.
0.5K chars
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond, or undertaking, a judge or magistrate may discharge the accused or may recommit the accused for a further period of not more than 60 days, or a judge or magi…
AS 12.70.170 Forfeiture of bail.
0.5K chars
If the prisoner is admitted to bail and fails to appear and surrender according to the conditions of the bond or undertaking, the judge or magistrate, by proper order, shall declare the bond or undertaking forfeited, and order the immediate arrest of the prisoner if the prisoner …
AS 12.70.180 Persons under criminal prosecution in this state at time of requisition.
0.3K chars
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor has discretion to surrender that person on demand of the executive authority of another state or hold that person until tried and discharged, or convic…
AS 12.70.190 Inquiry into guilt or innocence of accused.
0.4K chars
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this chapter, has been presented to the…
AS 12.70.200 Governor's warrant.
0.1K chars
The governor may recall the warrant of arrest or may issue another warrant whenever the governor deems proper.
AS 12.70.210 Fugitives from this state.
0.7K chars
When the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state from the executive authority of any other state, or from a judge of the District Court of the United States for …
AS 12.70.220 Application for issuance of requisition.
2.7K chars
(a) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney of the judicial district in which the offense is committed, or the attorney general, shall present to the governor a written application for a requisition for th…
AS 12.70.230 Immunity from service of process in certain civil actions.
0.4K chars
A person brought into this state by or after waiver of 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 for which the person is being or has been returned, until th…
AS 12.70.240 Written waiver of extradition proceedings.
1.5K chars
(a) A person arrested in this state charged with having committed a crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole may waive the issuance and service of the warrant provided for in AS 12.70.060 and 12.70.070 a…
AS 12.70.250 Nonwaiver by this state.
0.6K chars
Nothing in this chapter is considered to constitute a waiver by this state of its right, power, or privilege to try the demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of that person by extradition proceedings or other…
AS 12.70.260 No immunity from other criminal prosecutions while in this state.
0.3K chars
After a person has been brought back to this state through extradition proceedings, or after waiver of extradition proceedings by that person, that person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specif…
AS 12.70.270 Interpretation.
0.2K chars
The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states that enact it.
AS 12.70.280 Definitions.
0.7K chars
In this chapter, (1) “executive authority” includes the governor and a person performing the functions of governor in a state other than this state; (2) “governor” includes (A) a person performing the functions of governor by authority of the law of this state; and (B) the lieute…
AS 12.70.290 Short title.
0.1K chars
This chapter may be cited as the Uniform Criminal Extradition Act.