Title 11, Crimes and Criminal Procedure

§ 2505. Persons imprisoned or awaiting trial; involuntary departure. (a) 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 in another state, the Governor …

§ 2506. Persons absent at time of commission of crime. The Governor of this State may 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 § 2503 of this title with committing an act in …

§ 2507. Governor’s warrant of arrest; issuance. 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 any peace officer or other person whom the Governor thinks f…

§ 2508. Contents of warrant. Such 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 execut…

§ 2509. Authority of arresting officer to command assistance [Repealed].41 Del. Laws, c. 213, § 9; 11 Del. C. 1953, § 2509; repealed by 85 Del. Laws, c. 72, § 1, effective July 14, 2025.;

§ 2510. Rights of accused; habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record…

§ 2511. Denial of rights of accused; penalty. Whoever, being an officer, delivers to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant, in wilful disobedience of § 2510 of this title, shall be fined not more than $1,00…

§ 2512. Confinement in jail. (a) The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner has been delivered, may, when necessary, confine the prisoner in the jail of any county, town or city through which the off…

§ 2513. Arrest prior to requisition. Whenever any person within this State shall be charged on the oath of any credible person before any judge or justice of the peace of this State with the commission of any crime in any other state and, except in cases arising under § 2506 of t…

§ 2514. Arrest without warrant. The arrest of a person may be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year, …

§ 2515. Commitment awaiting requisition; bail. If from the examination before the judge or justice of the peace it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 2506 of this title, that the person h…

§ 2516. Admission to bail; conditions of bond. 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, a judge or justice of the peace in this State may admit t…

§ 2517. Extension of time of commitment. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or justice of the peace may discharge the accused or may recommit the accused for a further period not to …

§ 2518. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge or justice of the peace by proper order shall declare the bond forfeited and order the accused’s immediate arrest, without warrant…

§ 2519. Persons under criminal prosecution. If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in the Governor’s discretion, either may surrender the accused on demand of the executive authority of an…

§ 2520. Inquiry into guilt of accused. 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 or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided i…

§ 2521. Recall of warrant; issuance of alias. The Governor may recall the Governor’s own warrant of arrest or may issue another warrant whenever the Governor deems proper.41 Del. Laws, c. 213, § 21; 11 Del. C. 1953, § 2521; 70 Del. Laws, c. 186, § 1;

§ 2522. Warrant to receive fugitive from State. Whenever 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 the…

§ 2523. Application for issuance of requisition. (a) When the return to this State of a person charged with crime in this State is required, the Attorney General or any Deputy Attorney General shall present to the Governor a written application for a requisition for the return of…

§ 2524. Costs and expenses. (a) The actual expenses of agents appointed by the Governor to serve requisition papers may be paid indirectly, by having the agent pay the agent’s own expenses and then later seek reimbursement by submitting receipts to the State Treasurer; or they ma…

§ 2525. Immunity from process in civil actions. 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 proceedings to answer…

§ 2526. Waiver of requisition. Any person arrested or detained for the commission of a crime in a foreign jurisdiction, may, after the rights to demand requisition papers have been fully explained, waive requisition and consent to return to the jurisdiction in which the person is…

§ 2527. Preservation of rights of State. Nothing in this subchapter shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of su…

§ 2528. Prosecution for other crimes after extradition. After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes which the person may be charged with having committed here as well as t…

§ 2529. Construction. The provisions of this subchapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.41 Del. Laws, c. 213, § 27; 11 Del. C. 1953, § 2529;

§ 2530. Short title. This subchapter may be cited as the “Uniform Criminal Extradition Law.”41 Del. Laws, c. 213, § 30; 11 Del. C. 1953, § 2530;

§ 2540. Preamble; purpose. The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that the party states find that charges outsta…

§ 2541. Definitions. As used in this agreement: (1) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to § 2542 or § 2543 of this title. (2) “Sending state” shall mean a state in which a prisoner is incarcerated…

§ 2542. Written notice requesting disposition, trial within 180 days; waiver of extradition. (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment ther…

§ 2543. Approval of court; disapproval of governor, trial; dismissal. (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is…

§ 2544. Delivery of temporary custody; refusal; return; responsibility. (a) In response to a request made under § 2542 or § 2543 of this title, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in t…

§ 2545. Time periods; determination; tolling. (a) In determining the duration and expiration dates of the time periods provided in §§ 2542 and 2543 of this title, the running of the time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as…

§ 2546. Commissioner of Correction designated enforcing officer. Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisio…

§ 2547. Effect of agreement; repeal; preservation of rights. This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw by enacting a statute repealing the same. However, th…

§ 2548. Construction; severability. This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution …

§ 2549. Habitual offenders law; application. Nothing in this agreement shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of the agreement.11 …

§ 2550. Power of Commissioner of Correction; transfer of inmate. It shall be lawful and mandatory upon the Commissioner of Correction or other official in charge of a penal or correctional institution in this State to give over the person of any inmate whenever so required by the…