Title 46 — Criminal Justice

This chapter may be cited as the Uniform Criminal Extradition Law. History: 1965, PL 9-13.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: 1965, PL 9-13.

Where appearing in this chapter the following apply: (a) “Executive authority” includes the Governor and any person performing the functions of Governor in any State or Territory other than this Territory. (b) “Governor” includes any person performing the function of Governor by …

Subject to the qualifications of this chapter 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 Territory to have arrested and delivered up to the United States Government auth…

The Governor of this Territory may also surrender on demand of the executive authority of any other State, any person in this Territory charged in such other state in the manner provided in 46.0909 with committing an act in this Territory or in a third state intentionally resulti…

When a demand is made upon the Governor of this Territory 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 Territory to investigate or assist in inve…

No demand for the extradition of a person charged with crime in another state may be recognized by the Governor unless it is in writing and is accompanied by a copy of an indictment found in the state having jurisdiction of the crime, or by an information supported by affidavit, …

A warrant of extradition may not be issued unless the documents presented by the executive authority making the demand show that: (1) except in cases arising under 46.0905, the accused was present in the demanding state at the time of the commission of the alleged crime and there…

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest which shall be sealed with the Territorial seal and be directed to the Attorney General, Public Safety Commissioner, sheriff or other person whom he may think fit to entrust with th…

The 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 Territory and to command the aid of all peace officers in the execution of the warrant, and to deliver the accused subject to the provision…

Every officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as the Attorney General, Public Safety Commissioner, the sheriff and other officers have by law in the execution of any criminal proc…

(a) No person arrested upon such warrant may be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged and that he has the right…

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 the government, and the warden of such jail must receive and safely keep th…

Whenever any person within this territory is charged, on the oath of any credible person before any judge or magistrate of this Territory, with the commission of a crime in any other state and, except in cases arising under 46.0905, with having fled from justice, or whenever comp…

The arrest of a person may also be lawfully made 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 1 year; but when…

If, from the examination before the High Court of American Samoa, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under 46.0905, that he has fled from justice, the Hig…

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 High Court of American Samoa must admit the person arrested to bail by bond or undertaking with suff…

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the High Court of American Samoa may dis-charge him, or may recommit him to a further day, or may again take bail for his appearance and surre…

If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the High Court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the Territory as in the case of other bonds or und…

If a criminal prosecution has been instituted against an accused under the laws of this Terri-tory and is still pending, the Governor, at his discretion, may either surrender him on the demand of the executive authority of another state or may hold him until he has been tried and…

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 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 Gover…

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. History: 1965, PL 9-13.

Whenever the Governor of this Territory demands a person charged with crime in this territory from the chief executive of any other state or from the chief judge of the Superior Court of the District of Columbia, he shall issue a warrant under the seal of this Territory to some a…

(a) When return to this Territory of a person charged with a crime in this Territory is required, the Attorney General or his assistant shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stat…

A person brought into this Territory 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 such criminal charge until he has been convicted in the criminal proceeding, or if acquitted, until…

After a person has been brought back to this Territory upon extradition proceedings, he may be tried in this Territory for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History: 1965, PL 9-13.